Penalty for 104mph on the M-Way - I'll tell you..

Penalty for 104mph on the M-Way - I'll tell you..

Author
Discussion

duggan

Original Poster:

911 posts

250 months

Thursday 6th October 2005
quotequote all
Following getting caught on the M1 in June I had my day in court on Tuesday. Pleaded Guilty but hired a lawyer and had letters from work and a character reference for charity work etc - the result 6 points and £500 fine (+35 costs) - for a guilty plea couldn't realy have got more of a result....if anyone wants any advice with respect to VASCAR and the court system, please let me know as I've got a lot of information on all of this.

nel

4,772 posts

243 months

Thursday 6th October 2005
quotequote all
Jesus! £500 for 104 mph is a bit steep for such a minor offence!

No doubt for you it's a good result given that you retain your licence, but in the scale of 'bad' things you can do in your life, a victimless ton on the M'way comes pretty damned low on my list!

What a bunch of starbards.

simond001

4,519 posts

279 months

Thursday 6th October 2005
quotequote all
Can't you say you were familiarising yourself with the car.

hedders

24,460 posts

249 months

Thursday 6th October 2005
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Well done for keeping your license Duggan.

I am sure a lot of people here would love to hear waht you have to say about Vascar too.

Any chance of a breif outline of your defence regarding Vascar, if it's releveant?

duggan

Original Poster:

911 posts

250 months

Thursday 6th October 2005
quotequote all
Hedders - I'd hired the lawyer as I thought I had a case as the VASCAR was only last calibrated 13 days prior to me being stopped (the guidelines say it should be every 7 days), although at the start of the ticket it has a section providing the PC with a box to indicate the time it was tested (not calibrated) before and further down, after, the offence. I suspect that If I'd asked to see the calibration the case would not have made it to court - a lesson for us all. As I'd pleaded guilty, my lawyer concentrated on character, work refs and never having any points prior to this, decreeing that modern cars "synthesise out the actual speed you are travelling", which I thought a good turn of phrase.

I'm just glad its over as the uncertainty makes it all the worse - hence if I can help anyone, all the better.

ledfoot

777 posts

254 months

Thursday 6th October 2005
quotequote all
£535 plus solicitors fee sounds like a lot of money to me.
I think I will keep my speed down in future, so perhaps limit it to 99.9mph

hedders

24,460 posts

249 months

Thursday 6th October 2005
quotequote all
duggan said:
Hedders - I'd hired the lawyer as I thought I had a case as the VASCAR was only last calibrated 13 days prior to me being stopped (the guidelines say it should be every 7 days)


Duggan, cheers for the info,

How did you find out about when the vascar was last calibrated before the court case happened? Were they forthcoming with that info?

duggan said:

, although at the start of the ticket it has a section providing the PC with a box to indicate the time it was tested (not calibrated) before and further down, after, the offence. I suspect that If I'd asked to see the calibration the case would not have made it to court - a lesson for us all.


You mean if you had asked the cop on the side of the road for proof of calibration of his equipment?
He would probably arrest you for sexual harrasment


duggan said:

As I'd pleaded guilty, my lawyer concentrated on character, work refs and never having any points prior to this, decreeing that modern cars "synthesise out the actual speed you are travelling", which I thought a good turn of phrase.


Indeed it is! I think we need the name of your lawyer

duggan said:

I'm just glad its over as the uncertainty makes it all the worse - hence if I can help anyone, all the better.





lurking lawyer

4,534 posts

227 months

Thursday 6th October 2005
quotequote all
If you're even remotely comfortable with standing up and doing the talking yourself, and all you're offering is a guilty plea and a plea in mitigaton, you could have got the same result without the solicitor.

My brother was nabbed doing 92 in a 60 zone - overtaking on a long gently curving stretch in North Wales - and represented himself at the hearing. Put on his best suit, looked suitably contrite and got away with 6 points and a £400-odd fine.

8Pack

5,182 posts

242 months

Friday 7th October 2005
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104 mph you say?......Wasn't that the same speed as a certain CC's chauffered car?........

Vipers

32,958 posts

230 months

Friday 7th October 2005
quotequote all
nel said:
Jesus! £500 for 104 mph is a bit steep for such a minor offence!



Sorry, absolutely no sympathy whatsoever chum, should have been more............

outnumbered

4,139 posts

236 months

Friday 7th October 2005
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Vipers said:



Sorry, absolutely no sympathy whatsoever chum, should have been more............


I agree, 104 is just not fast enough.

8Pack

5,182 posts

242 months

Friday 7th October 2005
quotequote all
outnumbered said:

Vipers said:



Sorry, absolutely no sympathy whatsoever chum, should have been more............



I agree, 104 is just not fast enough.


Vipers

32,958 posts

230 months

Friday 7th October 2005
quotequote all
8Pack said:

outnumbered said:


Vipers said:



Sorry, absolutely no sympathy whatsoever chum, should have been more............




I agree, 104 is just not fast enough.





had a chuckle myself when I saw the fine he got.....

7db

6,058 posts

232 months

Friday 7th October 2005
quotequote all
Would be interested to know how the fact about its calibration came to light.

duggan

Original Poster:

911 posts

250 months

Friday 7th October 2005
quotequote all
All,

The calibration came to light when I got the Summons through the post - this contained the PC's statement and the details of the VASCAR calibration - It even said on the ticket it should be calibrated every seven days. Hence I hired the Lawyer to see if there was an angle.
It can always be said that I could have stood up in court and gave my own mitigation - but when you enter a situation like this you have to give yourself the best possible chance of a positive outcome - If I'd got banned on the day and had represented myself, I'd always be thinking I should have hired a lawyer. As for the lack of sympathy - I'm not looking for that - its only money after all - the purpose of the post is to potentially help people - is this not the PH way?

The lawyer, if you were interested is Daniel Berman & Co.

Vipers

32,958 posts

230 months

Friday 7th October 2005
quotequote all
duggan said:
All,

The calibration came to light when I got the Summons through the post - this contained the PC's statement and the details of the VASCAR calibration - It even said on the ticket it should be calibrated every seven days. Hence I hired the Lawyer to see if there was an angle.
It can always be said that I could have stood up in court and gave my own mitigation - but when you enter a situation like this you have to give yourself the best possible chance of a positive outcome - If I'd got banned on the day and had represented myself, I'd always be thinking I should have hired a lawyer. As for the lack of sympathy - I'm not looking for that - its only money after all - the purpose of the post is to potentially help people - is this not the PH way?

The lawyer, if you were interested is Daniel Berman & Co.


Joking aside, do let us all know the outcome, and good luck mate.

Nuggs

4,640 posts

236 months

Friday 7th October 2005
quotequote all
Vipers said:

duggan said:
All,

The calibration came to light when I got the Summons through the post - this contained the PC's statement and the details of the VASCAR calibration - It even said on the ticket it should be calibrated every seven days. Hence I hired the Lawyer to see if there was an angle.
It can always be said that I could have stood up in court and gave my own mitigation - but when you enter a situation like this you have to give yourself the best possible chance of a positive outcome - If I'd got banned on the day and had represented myself, I'd always be thinking I should have hired a lawyer. As for the lack of sympathy - I'm not looking for that - its only money after all - the purpose of the post is to potentially help people - is this not the PH way?

The lawyer, if you were interested is Daniel Berman & Co.



Joking aside, do let us all know the outcome, and good luck mate.

Wasn't that the purpose of this post?

granville

18,764 posts

263 months

Friday 7th October 2005
quotequote all
You have my heartfelt sympathy.

It is a disgrace that such broadly harmless, ubiquitous activities are penalised in this petty way by a state entirely esconsed by it's own psychological anus.

I will let rip with a ceremonial anvil horizontale this evening, as a futile gesture of petrolheaded empathy with a brother so monstrously wronged.

Still, this is what happens when the peasants are released from agrarian toil. Dogs.

>> Edited by derestrictor on Friday 7th October 09:40

james_j

3,996 posts

257 months

Friday 7th October 2005
quotequote all
Vipers said:

nel said:
Jesus! £500 for 104 mph is a bit steep for such a minor offence!




Sorry, absolutely no sympathy whatsoever chum, should have been more............


I don't see why. 104, in the appropriate circumstances is perfectly acceptable. It doesn't cause a problem on some German autobahns, some back roads in the Isle of Man and other roads in the world, so it's not likely to be dangerous in the UK. Speed isn't in itself a problem, it's a whole lot more complicated than that.

k50 del

9,275 posts

230 months

Friday 7th October 2005
quotequote all
My favourite mantra


Speed doesn't kill.....

inappropriate speed kills