I'm guessing a ban ??
Discussion
I was just pulled over on the M40 (J12) by two plod in a Range Rover and need advice on what to expect next.
I saw them parked nose first on the hard shoulder and at first thought they were investigating something in the undergrowth. I slammed on the anchors and thought I was down to around 85mph when passing them.
Obviously I wasn''t as they showed me a reading of 105mph on their gun. I don''t know what the gun was, it was a pretty large rectangular grey shape with a shoulder brace and a red LED display.
I was issued with a HORT1/VDRS/CAUTION stating that I''ve committed the offence of doing 105mph in a 70 zone (the bit about ''on this occasion no further action'' is crossed out), the officer then said something regarding the paperwork going off and them determining whether I would get a notification of prosecution (NIP?).
So....
How long before I know if they are taking this further ? I would have expected them to have told me to expect a fine/points/ban on the spot.
Is there a time limit by which they need to tell me whats happening ?
I expect a ban. Is 3 months about the norm ?
If I get called to court, it is really worth attending to argue my case (calibration of the device etc. ?) or should/can I plead guilty by post ?
Looks like this will be putting my plans to buy a Tuscan on hold for a while :-(
Questions questions questions....can anyone help with some advice for someone going through this for the first time?
(My main confusion is that I''ve been issued with a form that seems to indicate a form of caution, rather than telling me I''m going to be prosecuted)
The device sounds very much like an LTi 20/20 laser gun. As you were more than 25 MPH over the speed limit it would not be dealt with by fixed penalty and would therefore have to go to court. The HO/RT/1 was issued so you could produce your licence/Insurance. As a rule in that situation they could/would have given a verbal NIP, you may get it in the post though. The reason you have not been told of the likely outcome is because it is down to the magistrates. Unless the paperwork goes AWOL expect a summons, it can take up to 6 months in reality it should arrive in the next 3 weeks. A ban is a good possibility.
Re the calibration, we no longer need to do it on the laser/radar at long last they have acepted that if the device is faulty it simply won't work. (they are still calibrated every 12/6 months and we still check the sight accuracy, but we don't have to do a run through with a traffic car/calibrated speedo then check the cars speedo etc)
The form is just a multi-purpose form each force's forms differ slightly our dosn't show the caution but covers the VDRS bit
Edited by john robson on Sunday 1st July 22:02
Edited by john robson on Sunday 1st July 22:04
Thanks for the advice - pretty much what I thought, especially after doing a bit more reading.
The wife wasn't too impressed....not by the fact that I'd been stopped, but by the fact that when I was 'invited' into the back of the police vehicle, my 3 and 4 year old daughters were left alone in the back of the car on the hard shoulder. Fortunately the 3rd old was asleep, but the 4yr old - who seemed fine at the time - was in tears when she went to bed that night. Apparently, she was terrified by the traffic speeding past at high speed just outside the car, while I was nowhere to be seen.
Next question (I know, hidden at the bottom) - what is the preferred outcome of a court visit wrt my insurance ? Is a longer ban with minimal pts preferable to a short ban and more pts ??? As I can walk to work, I'm starting to see a ban as a good way to get fit :-)
Edited by CraigBruce on Monday 2nd July 09:12
Thanks to all of you for your advice. I now plan to try the duty solicitor route and follow the court advice on the Speedtrap Bible site (very useful).
I may also look at joining the IAD or taking some further safety-related driver training in the hope that: a) it will indicate to the judge that I take the offence seriously, b) my insurance company may be more lenient
I now have my court date (75 miles away) - 5th Oct, and would appreciate further advice.
As part of acknowledging the summons, I'm required to give notice of how I plan to plead. When acknowledging the summons, is this the most appropriate time to attach details of any extenuating circumstances such as road conditions, or should I wait for the day of the trial.
I have previously read details of what to expect at court (I think on the Speedtrap Bible, but can't find it there any longer), which recommended being prepared with multiple prepared copies of your 'case'. I believe this was recommended to include things such as employers letter (if taking the 'need a car for my job' route), details of location and road conditions plus any other facts you wished to bring to the attention of the court.
As I have been unable to find this reference again, could anyone advise on what (if anything) I should prepare in writing for the court and how much of my 'case' I should share prior to the court date itself ?
Thanks in advance,
Craig
Craig,
from what you've written I think that..
1) you're going to plead guilty. The magistrates won't have decided what you're going to be done for/with until you get there, so arguably sending anything with the 'guilty' plea is a bit of a waste of your time (I THINK - please someone corrobroate or disagree here)
2) definitely have letter from employer ready...if you need car for job and live somewhere where public transport sucks, research it to show you're aware you might get banned and that it would be impossible to use instead of a car...turning up on the day and saying "if I lost my car Id have to use public transport like them commoners' won't be as good as "Ive looked at local bus and rail times and the services arent in place to allow me to use them and still keep my job" 
3) to avoid a fine the size of a small mountain, think about drawing up an income vs outgoings, which shows you with, say £20 per month left over maximum - cos you'll have to do something like this anyway when yu're there (well I did)
er...cant really think of snything else its worth having written down?
hope this is right and it helps
cheers
Night
3) to avoid a fine the size of a small mountain, think about drawing up an income vs outgoings, which shows you with, say £20 per month left over maximum - cos you'll have to do something like this anyway when yu're there (well I did)
er...cant really think of snything else its worth having written down?
hope this is right and it helps
cheers
Night
As an update, I attended the Magistrates Court in Leamington Spa on Friday and walked away with pretty much what I was expecting:
21 day ban and £300 fine + £35 costs
...the guy in front of me was stopped at the same speed (105mph) on a similar stretch of the M40 and received a £50 fine...and *he* hadn't even put on a suit :-(
The magistrates weren't really interested in mitigating factors, a 21 day ban seems to be their 'standard', they just had to leave the court for 5mins to confer on the size of the fine.
The biggest relief for me was the fact that my insurance company have said there will be no impact to my premium!
21 day ban and £300 fine + £35 costs
...the guy in front of me was stopped at the same speed (105mph) on a similar stretch of the M40 and received a £50 fine...and *he* hadn't even put on a suit :-(
The magistrates weren't really interested in mitigating factors, a 21 day ban seems to be their 'standard', they just had to leave the court for 5mins to confer on the size of the fine.
The biggest relief for me was the fact that my insurance company have said there will be no impact to my premium!
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