Caught doing 113mph....pleading not guilty?

Caught doing 113mph....pleading not guilty?

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Liokault

Original Poster:

2,837 posts

214 months

Monday 4th April 2016
quotequote all
The guy who has the desk next to me at work was caught doing 113 on an Mway.


He was followed by a police can over a fair distance, it looks like they had no specific speed detection equipment, going from what my associate is telling me, just video with an MPH of the police car and time.


Anyway my question: My friends legal team(?) have advised him to not turn up at court and to plead not guilty.

He is happy to admit to going 70+, but not 110+.

Surly he’s better off pleading guilty to speeding, then arguing that it was less than 110, or am I understanding this wrong?



Liokault

Original Poster:

2,837 posts

214 months

Monday 4th April 2016
quotequote all
CYMR0 said:
I presume that there is good reason to believe that the 113 mph figure is inaccurate.
Unclear, but I think it’s based on the difference in ban between sub 110 and over 110 mph along with the manner in which his speed was calculated by the police (single officer in a car,with video), makes it worth arguing over.


Incidentally, we were just chatting about this over lunch, he was unaware that he had to retake his test after a ban, not just get his license handed back to him (I have limited sympathy for him, but I shouldn’t be finding this as funny as I do).

The office we're sitting in is about 270 miles from his house, so his ability to drive is important to him.




Liokault

Original Poster:

2,837 posts

214 months

Monday 4th April 2016
quotequote all
Sheepshanks said:
Liokault said:
Incidentally, we were just chatting about this over lunch, he was unaware that he had to retake his test after a ban, not just get his license handed back to him
That's not correct.
Bugger, really? He just gets it back?

Liokault

Original Poster:

2,837 posts

214 months

Monday 4th April 2016
quotequote all
rgw2012 said:
Having recently had a ban (14 days), I can assure you he won't have to retake his test - they didn't even take my licence off me, just reminded me that it was illegal to drive whilst banned
Google is telling me that a ban over 56 days probably needs a retake

Liokault

Original Poster:

2,837 posts

214 months

Monday 4th April 2016
quotequote all
agtlaw said:
Liokault said:
Google is telling me that a ban over 56 days probably needs a retake
Google is wrong.
Nice input. I forgot why I stopped bothering making threads, I remember now.

So what is correct in law?

Liokault

Original Poster:

2,837 posts

214 months

Monday 4th April 2016
quotequote all
johnwilliams77 said:
agtlaw said:

A fair question. Like many threads on PH, this is yet another example of a discussion where the OP is not actually seeking advice. It couldn't be because a legal 'team' has been instructed, and its always a friend/relative/work collegue in any event. OP appears to be looking for something quite different. Not sure what he wants though.
Apparently he started the thread because a legal team has advised someone to please not guilty to doing 113mph but he wants to check ON A FORUM if he’s better off ignoring THE LEGAL ADVICE and pleading guilty to speeding, then arguing that it was less than 110. He also wants to know if he is 'understanding it wrong'.

smile
Guys, it's really not me, if it was I would have no problem in saying so.


My posting here isn't seeking advice to aid the case in question, it's purly for my interest as the advise offered to my desk mate seems counter intuitive.

Liokault

Original Poster:

2,837 posts

214 months

Monday 4th April 2016
quotequote all
zebra said:
DMN said:
Ali Chappussy said:
Liokault said:
The office we're sitting in is about 270 miles from his house, so his ability to drive is important to him.
If his licence means so much to him, why was he doing 113mph in the first place? Sorry, I have no sympathy for him, hope he gets a long ban and a huge fine.

Before you flame me, I know someone who was killed by a speeding motorist doing well in excess of 110mph.
(113 x 2) - 270 = just 44 more miles till home.
Really, you do the maths rather than ask a fundamental question?

I'd be asking who drives a total of 540 miles a day to go to work. That's totalling virtually 130k miles a year allowing for four weeks holiday, adding up to about 13k a year on fuel.

Really? Must be a frickin' awesome job to put up with that. None of the figures include weekend and other social travel.

And let's say he doesn't have to reach 70, he can just do it that speed door to door, he is spending 38 hours a week minimum in his car.

And for those that go, ah yes but he was doing 113mph, he would still be spending 28 hours during the working week, not including weekends.




Disclaimer: I'm in a far flung time zone so if my maths is off, I apologise. It's very early morning for me at the moment.
Yes, that is the only conclusion to draw. I mean in this world of no rent by the night accommodation, what else could he do?

Saying that, I'm doing 200 miles a day and 16 hours a week driving to the site right now!!!




Liokault

Original Poster:

2,837 posts

214 months

Tuesday 5th April 2016
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PorkInsider said:
Completely agree.

Some people on PH won't be happy until every professional who posts advice which would normally have to be paid for (however concise) gives up doing so.

Much better that someone who's recognised as a subject matter expert gives a simple answer such as "that's wrong" than 20 posts from others who, although trying to be helpful, are talking about how their uncle's dog sitter's niece got off with 3 points for 120mph in a 30mph because the copper had his handcuffs hanging from the wrong side of his belt. Or something.
Perhaps even if professional advise was specifically sought, or indeed this "recognised" expert was established on the thread as such, perhaps even.

As it is his post was pointless and mildly annoying , at best.

Liokault

Original Poster:

2,837 posts

214 months

Tuesday 5th April 2016
quotequote all
PorkInsider said:
Completely agree.

Some people on PH won't be happy until every professional who posts advice which would normally have to be paid for (however concise) gives up doing so.

Much better that someone who's recognised as a subject matter expert gives a simple answer such as "that's wrong" than 20 posts from others who, although trying to be helpful, are talking about how their uncle's dog sitter's niece got off with 3 points for 120mph in a 30mph because the copper had his handcuffs hanging from the wrong side of his belt. Or something.
Perhaps even if professional advise was specifically sought, or indeed this "recognised" expert was established on the thread as such, perhaps even.

As it is his post was pointless and mildly annoying , at best.

Liokault

Original Poster:

2,837 posts

214 months

Tuesday 5th April 2016
quotequote all
REALIST123 said:
Liokault said:
PorkInsider said:
Completely agree.

Some people on PH won't be happy until every professional who posts advice which would normally have to be paid for (however concise) gives up doing so.

Much better that someone who's recognised as a subject matter expert gives a simple answer such as "that's wrong" than 20 posts from others who, although trying to be helpful, are talking about how their uncle's dog sitter's niece got off with 3 points for 120mph in a 30mph because the copper had his handcuffs hanging from the wrong side of his belt. Or something.
Perhaps even if professional advise was specifically sought, or indeed this "recognised" expert was established on the thread as such, perhaps even.

As it is his post was pointless and mildly annoying , at best.

Interesting attitude you have, insulting the one guy on here able to give you proper guidance.

It's 'advice' by the way, not 'advise'.
If he gave any proper guidence, it would have been greater with the correct level gratitude, as it is, he gave a pointless, if factually correct post that didn't in reality further the thread.

Anyway, I feel that I have discussed his post well past the level that it holds my interest. Court date is 27th, I'll report back then.


Incidentally, we have a guy in the office who was done at 110, he' would have been 21ish at the time (about 3 years ago) he got off with just 6 points. That seems very lenient.

Liokault

Original Poster:

2,837 posts

214 months

Thursday 7th April 2016
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agtlaw said:
Liokault said:
Nice input. I forgot why I stopped bothering making threads, I remember now.

So what is correct in law?
56+ day ban means your licence is revoked. No retest. Just complete a form. From memory, Form D1.
I own an apology here, just scanning over the thread again and I missed this post first time round.

Liokault

Original Poster:

2,837 posts

214 months

Thursday 27th October 2016
quotequote all
Up date for the sake of closure:

Previous court date was just to put a plea in....in this case not guilty.

Adjourned till this week where he got 6 points on his license and a £550 fine. Quite a result as he was fully expecting a ban.

He was into £2k+ with his lawyer in the summer, not sure what his final bill is.



Liokault

Original Poster:

2,837 posts

214 months

Sunday 30th October 2016
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Mike_Mac said:
Greg66 said:
Used your amazing powers of hindsight even more effectively?
Meh! The NG plea seemed a bit strange considering what he got, then I realised he was going for the 70+, which was a bit different. Shoot me!

Main (pertinent) question is how they accepted 70+ vs 113mph though? Did the court accept the speedo wasn't sufficient evidence?
Apparently, the police didn't offer any evidence of 113 other than the officers word. His lawyer said he should continue with the NG thing and go to court to argue it. I think (only had a very brief conversation with him about it) they thought it was 50-50 that he would get off totally.

My colleague via some process tha I don't understand told is lawyer that he didn't want to take it to court, so they agreed that he would accept a guilty plea to 99mph.

Not going to court left his total legal bill at £700 or so. I got the figure wrong from an earlier conversation.