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How’d i get away with this



  Was a Clio 1.8 16v


Court summons for this month due to being caught speeding 66 in 50 bypass in last October.

Case; I saw the undercover car in my rear view mirror thought i was impeeding his progress as he was following closly, so accerated as their was a long vehicle in the inside lane to get past it and pull in, however id caught up with traffic and there was no need for me to pull over then. I was travelling in the flow of traffic there-after (which is always exceeding limit in that part of bypass).

Victimised for being a young driver and when trying to explain he raised his voice and told me; dont be cheeky lad!

Ok, i expect points but hopefully a reduced fine. Is there any way to get off?

Not bothered about points but obviously dont want them, but im skint at the mo so a fine will hurt me. Cheers.
 

Tom

  EV


quite a bit wrong here


the dude was up your ass
the due was rude to you
but mate why did you speed up?
 


Have you got a solicitor thats proven to ge good at this stuff? I would say that is the most important thing. I had someone reccomended to me and a few of us at work have used him. Hes got us all of lighter than we should have been. Hes based too far from you but get someone very good is my advice!
 
  Was a Clio 1.8 16v


I thought he wanted to pass. Honestly. ;)

Surely the court may allow a thought for the reason i was speeding is cause i was closely followed by what turned out to be an undercover cop car!
 

Tom

  EV


no they wont

say it to your self it dont sound right- they are just going to say you could have moved out of the way without breaking the limit.

sorry to be like this but they wont see it your way they never do
 


If he was right up youre arse, then I think you can argue you were under duress..

Get a sh*t hot solicitor mate, I would.

Ben
 
  Was a Clio 1.8 16v


Quote: Originally posted by RobFenn on 07 March 2003

If he was driving in an intimidating way you could just say you panicked, human nature, beg for forgivness
I like the sound of that, i wright it in my statement. Ive got a summuns cause my payment of the fixed penelty was 2 DAYS LATE!

Im not paying for solictor cause thatll cost me more than fine and insurance primium put together! Just want minimal fine and possible no points.

By the way does the insurance company automatically find out about my points or am i surpose to tell them?
 


Sorry mate I dont think you got a chance! Its a pain I know as I got a ticket for doing 42 in a 30 limit (A open road at night past a industrial estate!, not a car in sight). I tried standing there with every excuse i could think of and theres no way it was going to work.

If you said something like i didnt notice the speed limit sign it was dirty, they answer "does that mean you where travelling to fast or driving with out care and attention".



Just take the 3 points mate its alot easier and you where speeding. (A caution would have been nicer considering the ***** that tailgate me when i am cruising past a truck sometimes and nver get pulled.)
 
  Revels Mum & Sister


You are meant to tell the Insurance company your points mate.

Only thing is Solicitor will cost more than a fine. And to get away with this is very unlikely.

Just go in explain your case, be aplogetic, act dumb and be polite. Act at the mercy. They are usually lenniant then!
 
  Willy2


Tell them you felt threatened by them being soo close on your arse, also make up some bullsh*t that you have had some problems with an ex girlfriend and you thought it was some of her mates coming to get you.

Might work give it a go.
 
  Honda Civic Type R GT


Mikey,

Im surprised they are taking you to court for the speeds quoted. Check out http://www.pepipoo.comwww.pepipoo.com , theres loads of advice out there available. I would have thought youd have got a fixed penalty of 3 points and sixty quid.

If I were you Id save your money and not bother with a brief, itll cost you around £200 and Id be surprised if he got you off scott free.

Also you do not have to go to court unless they are considering banning you. Return your summons pleading guilty with a covering letter explaing everything. Reckon youll get 3 points and £100 fine.

Let us know how you get on.

Regards,

Tommy.
 
  Hippys bus of LOVE !!!


I always thought there was a differance of say 10mph, between what your doing and what they think your doing. Isnt it called grace......
 


Its a matter of enforcement policy rather than a formal rule, but the norm is that you will get away with the speed limit + 10% (to allow for speedo error) + 1 mph (minimum margin for exceeding speed limit). So that means 34 in a 30, 78 in a 70, etc.
 
  CTR EK9 turbo


It looks to me like you toasted the police car that was tailgating you. You did a quick surge to get him out of your rear view, fair enough, i do this all the time as do most of us id have thought. Now, did he stick to your ass while you were accelerating and match your speed as you went to "66 mph" or did he have to catch you up. If he had to catch you up (probably the case unless it was an undercover T5 or Scoob or something) then they always say how they had to do a load more speed than youre doing to catch up with you. If they caught you up by not speeding themselves then how could they tell you how fast you were going? unless they had a laser speed decector or something(??)

Ask to see evidence of your speeding from camera footage that i presume they had in their car. Also their speed measurement equipment, calibration certificates, certificates of the drivers ability to use it, none of this "police speedos are really accurate nonsense" you wanna see evidence! Make it as awkward as they are/would do for you. They may even drop the charges if you make a hassle. Just send them a letter asking for their evidence so that you can prepare your court case etc. I think you have to pay for the video footage(?)

good luck, Si
 
  CTR EK9 turbo


Just out of interest - yesterday - I overtook a policeman at about 80 and just get the needle there, waited til he was out of sight and put my foot down. Some of the time they arent so sensitive about people going slightly over the limit.
 


It depends on how much you want to try and get out of it, isnt really worth standing there using excuses they just take it as you are trying to get out of it. Best thing to do is as Simon172 said if you definatly going to court you need to request the Calibration certificate for the device they were using, if it was just the car speedo, that to has to be calibrated and there should be a certificate, if they used a camera or laser gun, ask for the certificate for it and the instruction manual, ask for proof that the officer was trained in it use and of course the video footage or picture.

This is a lot of hassle but as said it may cause them to drop the case because it is a lot of work for them.

I tried this against a fixed penalty on a camera, they sent me a copy of the picture, but if I wanted any of the certificates or instruction manuals I had to go to court I decided to pay the 60 quid instead cause I thought it wasnt worth the risk but if you are definatly going to court anyway then is proberly is worth a shot.

Al
 
  CTR EK9 turbo


sheesh - talk about a load of hassle for what 5 seconds of 66 mph and everyone else was doing that speed anyway! surely there are car thieves, rapists nad kiddy fiddlers that need finding??
 


Of course there are, but why work hard and long hours searching for them when its so much quicker, easier and more successful to target the motorist!!

Al

PS Carefully getting down off my soap box now!
 
  Honda Civic Type R GT


When youre summonsed they have to forward any evidence theyre going to use in court. In my recent case (87 in a 50 zone) they sent the picture that was from behind and the rozzers statement. I went to see a solicitor and put to him some of these arguements, he said that if you ask them to prove they are trained theyll produce a certificate. If you ask them for a calibration certificate, they will do so. All you in effect are doing are is wasting the courts time and possibly upping your fine.

With hindsight, the key to the whole process is the naming of the driver! Never admit you were driving unless you have no other option!

Regards,

Tommy.
 


Simon172 had some good advice, they do need a calibration certificate, it should be kept in the car at all times so will only work if you ask to see it when youre stopped. Ive also heard that they need to travel behind you for so many seconds at the same speed to charge you so the tape would be useful. Police cars also have to keep to something like 20 feet behind you so if they were pushing you along theres no case against you esp in an unmarked car. I remember a case in Leics a few years ago where this guy got caught doing nearly twice the limit and got off because he thought he was being chased, I think the judge dropped that one. As a point of interest I got stopped doing 80 in a 40 zone and they let me off cos it was 2am and I told them I thought someone was chasing me. Coincidently I just managed to pull on to my driveway when the police pulled up behind me, an undergarment change was iminent.
 
  CTR EK9 turbo


Thats a good idea. Dont you hate it when they blast there siren and put their blue lights on when they want to get past you and youve got nowhere to go!! I had this a few months back and this Mundano Police car was up my arse, the only way out of his way was to boot it forwards, haha, i toasted him really badly and tucked into the space on the left further up the road - quite amusing!
 


Wasnt there a post on here that told you how to get off this stuff and get it thrown out of court....something about not signing something.....sorry, not very helpful but Ive gotta gooo...
 
  Was a Clio 1.8 16v


Undercover car which meant i had to sign some forms. Anyway theres no getting away with this one, ive just sent my reply and pleaded to give me a smaller fine due to loan repayments, insurance costs all on an 18yr olds wages. :cry:

Here it is if your all that interested;



The Clerk to the Justices

Dear Sir/Madam,

I plead guilty to exceeding the speed limit of 50mph.

I plead not guilty to ‘No test certificate’ and ‘Fail to produce test certificate’.

When detected speeding I was simply accelerating to get past a long vehicle and pull into the inside lane as I thought I was impeding the progress of following drivers. However, traffic was so busy that by the time I had passed the long vehicle I had caught the traffic ahead, which meant I stayed in the outer lane. I was only over the speed limit for several seconds and in road conditions and speed which many motorists travel on that particular stretch of road consider to be a safe and not above average speed.

I apologise for the inconvenience of having to appear in court, as my cheque for the fixed penalty was two days late in posting. Considering my attempt to pay the fixed penalty fine, nature of offence and my financial situation I’m hoping to receive as small a fine as possible.

I would like to add that my response to the officer pulling me over when he declared it was for speeding by both my passenger and I was shock and disbelief. When explaining the fact that everyone travelling in the outer lane was exceeding the speed limit as many do on that bypass and I was travelling in the flow of traffic, the officer interrupted me and acted arrogantly and rudely leaving me to make no comment when he officially asked for my response because he was over-bearing and unreasonable. The fact of the matter is that if I were not a young male driver then I wouldn’t have been given the penalty let alone treated with little respect and talked down to. Although I accept the offence for speeding I feel victimised by the officer and unlucky to have come across such an unforgiving traffic patrol officer.

As regards to the offence of failure to produce test certificate, I went to the police station well within the 7 days allowed and produced all my documents except the MOT certificate as I had forgotten it. I enquired to a friendly PC at the desk in Oldham police station whether I had to bring it in by the stated 7 days and he replied that it didn’t really matter and was not important to rush it in. At the time I was working 7 days a week in my employment and it made it inconvenient to produce it that week and as the officer had said that it didn’t matter, I waited a few weeks before travelling to Oldham and producing it at the desk. On this occasion the officer at the desk told me not to lose the copy of confirmation that he gave me as proof that I produced my test certificate. The sheet that I have enclosed (green A4 slip) is proof of this.

I very much regret speeding that day and am much more aware of my speed and haven’t exceeded the road speed limits since. I hope the court can understand my situation and reduce any fine that is imposed.



Yours sincerely;

I needed to make my point about the pig but dont want a hefty fine so ive toned it down a little.
 


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