Pulled for speeding - Question re in car video
Discussion
Steffan said:
REALIST123 said:
Steffan said:
I would respectfully suggest that taking the time you are committing to this research for a defence into considering whether a change in approach in your driving is needed. We all speed from time to time but if you regard 55 in a 30 as acceptable over some distance, then I do think it is your appreciation of the dangers of speeding that requires careful consideration at length.
But he has said, more than once, that he wasn't doing 55mph. OP - suck it up this time and try and learn from it. You won't even be thinking about it a couple of years from now.
robinessex said:
He followed me for 4 miles and is using the footage of our last 0.5 miles as the offence. - clearly this was the 'best' evidence of speeding he had captured in the entire time he had been following me.
the whole route was through backroads and country roads, most 30mph, some 50mph but the one he stopped me on was the first 0.5 miles of a 30 coming from a 50.
Not a hope in hell of prooving your speed in the different speed zones, so not a hope of a speed conviction unless he followed you in the last 30mph zone at +30mph.
Yes there is, if you can determine two reference points in the 30 limit, you can physically measure the distance, and the time can be derived from the video. This will give you the average speed. Its simple physics, and is how average speed cameras work.the whole route was through backroads and country roads, most 30mph, some 50mph but the one he stopped me on was the first 0.5 miles of a 30 coming from a 50.
Not a hope in hell of prooving your speed in the different speed zones, so not a hope of a speed conviction unless he followed you in the last 30mph zone at +30mph.
ikarl said:
Expert witness???
You need to request a Newton Hearing I believe. This is where you admit to speeding, but disagree with the speed, for the points you have noted above.
IANAL so need someone else to confirm the process, but I think you speak to the CPS prior to court (or at court).
Something to note, if you argue the speed down to say 50mph, does that make a difference? would you have been given a COFP? What speed do you think you were doing?
How can you win the case if you have already admitted speeding ?You need to request a Newton Hearing I believe. This is where you admit to speeding, but disagree with the speed, for the points you have noted above.
IANAL so need someone else to confirm the process, but I think you speak to the CPS prior to court (or at court).
Something to note, if you argue the speed down to say 50mph, does that make a difference? would you have been given a COFP? What speed do you think you were doing?
SILICONEKID346HP said:
ikarl said:
Expert witness???
You need to request a Newton Hearing I believe. This is where you admit to speeding, but disagree with the speed, for the points you have noted above.
IANAL so need someone else to confirm the process, but I think you speak to the CPS prior to court (or at court).
Something to note, if you argue the speed down to say 50mph, does that make a difference? would you have been given a COFP? What speed do you think you were doing?
How can you win the case if you have already admitted speeding ?You need to request a Newton Hearing I believe. This is where you admit to speeding, but disagree with the speed, for the points you have noted above.
IANAL so need someone else to confirm the process, but I think you speak to the CPS prior to court (or at court).
Something to note, if you argue the speed down to say 50mph, does that make a difference? would you have been given a COFP? What speed do you think you were doing?
.Snowboy said:
Has he?
He said the police car wasn't doing more than 55, but I don't recall him mentioning his speed.
If I was a cynic I might suggest that the OP was speeding, and knows it, but is arguing against the proof, not against the crime.
As I read it OP has held his hand up to speeding but is sure that they were not going as fast as the officer is suggesting (I am sure many of us have had the "I had to do eleventy billion miles per hour to catch you" conversation, I know I have!)He said the police car wasn't doing more than 55, but I don't recall him mentioning his speed.
If I was a cynic I might suggest that the OP was speeding, and knows it, but is arguing against the proof, not against the crime.
In the shoes of the OP (taking it as fact from their replays of their inadmissible but hardly likely to be out by more than an MPH or two video showing a top speed of 10MPH over posted limit) I would be doing all I legally could ensure that I was convicted and sentenced for the crime I committed, not the greater one an officer was fitting me up for.
Pixelpeep said:
Rude-boy said:
CoolHands said:
everyone thought you were drunk when you posted that topic, but apparently not!
I'm going with head injury or mates dicking about with their profile at the minute...
You, nope, not so far as I am aware.Sillycone chap though appears to have a hole in the bottom of the bag that once held his marbles though.
Pixelpeep said:
Rude-boy said:
CoolHands said:
everyone thought you were drunk when you posted that topic, but apparently not!
I'm going with head injury or mates dicking about with their profile at the minute...
free something-or-other
Pixelpeep, I had very similar a few years ago, where a policeman claimed I was doing 60 in a 30 from sight when I know I wasn't. But even though it went to court the charge was still only exceeding the speed limit. WHat charge have they given you? I don't see how, in this circumstance, the charge can be 55 mph because they have no way to prove that you were doing any specific speed.
FYI at the time I felt equally angered at the situation and decided to fight it and the conduct of the officers was appalling. A specialist solicitor laughed when I gave him the details and cited a reason their case didn't stand a chance (although that reason was nothing that I had even thought about). He did say that my rationale was irrelevant and to prove my thoughts would be too expensive to even consider. I also got my costs paid so its definitely worth a quick conversation with one as if they think you have a decent case then it could be free
And no, sorry, I cant remember the solicitors I used
FYI at the time I felt equally angered at the situation and decided to fight it and the conduct of the officers was appalling. A specialist solicitor laughed when I gave him the details and cited a reason their case didn't stand a chance (although that reason was nothing that I had even thought about). He did say that my rationale was irrelevant and to prove my thoughts would be too expensive to even consider. I also got my costs paid so its definitely worth a quick conversation with one as if they think you have a decent case then it could be free
And no, sorry, I cant remember the solicitors I used
blindswelledrat said:
Pixelpeep, I had very similar a few years ago, where a policeman claimed I was doing 60 in a 30 from sight when I know I wasn't. But even though it went to court the charge was still only exceeding the speed limit. WHat charge have they given you? I don't see how, in this circumstance, the charge can be 55 mph because they have no way to prove that you were doing any specific speed.
FYI at the time I felt equally angered at the situation and decided to fight it and the conduct of the officers was appalling. A specialist solicitor laughed when I gave him the details and cited a reason their case didn't stand a chance (although that reason was nothing that I had even thought about). He did say that my rationale was irrelevant and to prove my thoughts would be too expensive to even consider. I also got my costs paid so its definitely worth a quick conversation with one as if they think you have a decent case then it could be free
And no, sorry, I cant remember the solicitors I used
I haven't had the paperwork through yet but i believe it will be excess speed but at the thick end of the scale - hence the straight to summons approach (over 50mph in a 30)FYI at the time I felt equally angered at the situation and decided to fight it and the conduct of the officers was appalling. A specialist solicitor laughed when I gave him the details and cited a reason their case didn't stand a chance (although that reason was nothing that I had even thought about). He did say that my rationale was irrelevant and to prove my thoughts would be too expensive to even consider. I also got my costs paid so its definitely worth a quick conversation with one as if they think you have a decent case then it could be free
And no, sorry, I cant remember the solicitors I used
From what i understand, it is only their opinion that is needed, any video or photographic evidence is just there to back up their opinion to avoid any legal challenges.
I have a solicitor in mind who i have already spoken to and am just waiting for the paperwork to send over to them to see what (if any) case i have.
blindswelledrat said:
Good luck. Despite the "you were speeding, suck it up" sentiment I know exactly how you feel.
It's one thing holding your hands up to something you have done, but completely another if that thing has been exaggerated and is incorrect.
Thank you. It's rare on PH to find someone who can see through all the 'easy targets' in a post and actually empathise. - quite surprised by this thread actually, some really good, positive and understanding replies. It's one thing holding your hands up to something you have done, but completely another if that thing has been exaggerated and is incorrect.
I will suck it up, absolutely, but i will fight to get a fair punishment for the actual offence i committed.
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