Speeding Ticket

TooManyPoints

Facade has near enough hit the nail on the head.

An approved device operated in the correct manner enjoys the presumption that it is accurate unless the contrary can be shown. If you take the matter to court the prosecution will produce evidence to show that the device was approved and that it was operated correctly. The onus then shifts to you to prove that it is so unreliable that it cannot be relied upon to prove that you were exceeding the speed limit (and remember that the charge is exceeding the speed limit, not that you were traveling at 42mph so you will have to show that it was out by 40%). Even more than that, you must prove that its deficiency was actually evident in your case. It’s no use suggesting “this might have happened” or “that possibly didn’t happen”. You have to show that the measurement on the occasion in question was more likely than not to be incorrect.

You will need expert assistance to attempt this. Simply turning up and saying “I never speed” will see you convicted. The cost of failure is high. The sentencing guidelines suggest a fine of a week’s net income. You will also pay a surcharge of 10% of the fine (Minimum £32) and have at least four points imposed. A short disqualification instead of points is also a possibility, though very unlikely. But the real crippler will be prosecution costs. These will be at least £620 but may be much higher if the prosecution has to enlist expert testimony to counter yours.

Providing the offence was not in Scotland (where they are not offered) you should be offered a course for this speed. This will cost you around £100 and half a day of your time. If not a Fixed Penalty (£100 and 3 points) is the alternative. You could try a phone call to the ticket office and ask if the tree presents a potential problem. You’ve nothing to lose. But I imagine they will let a court decide if you dispute the matter. You could also post the matter on pepipoo as suggested. There are one or two technical experts who visit that site who may come up with an angle.

[Deleted User]

Danceyy wrote: »

I have been sent two photos.

1st picture has the speed of -42mph in the corner, but in this photo there is a tree fully obscuring the back of my car.

2nd picture has no speed reading but you can clearly see my car.

Why isn’t there a speed reading on the 2nd picture?

What other defence can I have than I don’t speed?

I’m asking for advice, not for someone to reply like I’m stupid, I haven’t experienced this before.

You mean you haven't been caught surely?

facade

Looks like the OP took it to pepipoo, and there is a lot more to the story than speeding. He should get the help he needs there.

AdrianC

facade wrote: »

Looks like the OP took it to pepipoo, and there is a lot more to the story than speeding. He should get the help he needs there.

http://forums.pepipoo.com/index.php?showtopic=132243

Yes, just a bit more...

Moved in July, photos in August, sent to old address as car still registered there and no post forwarding in place - sounds like this is actually an s172 that's coming knocking now.

TooManyPoints

Yes, just a bit more...

Moved in July, photos in August, sent to old address as car still registered there and no post forwarding in place - sounds like this is actually an s172 that's coming knocking now.

Yes such a shame. If only we'd been told all that here I could have saved myself fifteen minutes typing! Hopefully the OP will be able to secure the usual "deal". I hope he does because he does not seem to have a very strong defence against a S172 charge.

AdrianC

Why would they "send photos" for an s172, though?

TooManyPoints

Why would they "send photos" for an s172, though?

God knows. We didn't know anything about S172 on here. "Send three and fourpence, we're going to a dance!"

JustAnotherSaver

42 in a 30.



Exactly what i got done doing.


Except i knew i was speeding. I just wasn't sure how much because i jammed on the brakes when i saw the van and then looked. Too late. I took the class & fine.



I've known a person to fight it, even though they knew they were speeding. Turns out the machine was faulty somehow. I forget the ins and outs but they won. Lucky sod.

Danceyy

What is the ‘usual deal’?

Sorry I didn’t mention the S172 part, I didn’t realise just how serious it is.

Mercdriver

Danceyy wrote: »

What is the ‘usual deal’?

Sorry I didn’t mention the S172 part, I didn’t realise just how serious it is.

You will find details for the deal on pepipoo. Someone on there did talk about approaching the prosecutor - you will need to plead noot guilty too both and attend and agree to plead guilty to the speeding provided they drop the fail to furnish - they can't convict you of the speeding without you being identified. whatever you do don't plead guilty to the speeding ahead of time. The deal only works if you accept your guilt and you were the driver.

This is the best you can hope for as you have completed the more serious offence. You can't fight the speeding offence without being culpable for the S172 offence.