Discussion
Finally received my summons for speeding. Was pulled into the side of the road by an officer after being lasered by a road side tripod mounted laser (hidden 400m down the road behind an unmarked merc estate), and informed that I was doing 96mph. He cautioned me, blah, blah, blah and up till now I have been waiting for the summons.
The summons only mentions that I drove a motor vehicle at a speed exceeding 60mph, but does not state how fast. Also in the 'statement of facts' section, it mentions that as "the procedure enabling me to plead guilty by letter has not been applied to this offence, there is, therefore, no statement of facts". How do I therefore know the speed I am being prosecuted for? I have had a quick check on pepipoo and not found a conclusive answer as to whether the speed needs to be mentioned as per a non-verbal NIP?!
Any help appreciated. Case to be heard this friday at 2pm....
Also. Last question. The summons states I need to tell the court of my plea intention at least 7 days prior to the hearing, although I have been on holiday and am only in a position to send them their response tomorrow.... Will they get upset about this?!
The summons only mentions that I drove a motor vehicle at a speed exceeding 60mph, but does not state how fast. Also in the 'statement of facts' section, it mentions that as "the procedure enabling me to plead guilty by letter has not been applied to this offence, there is, therefore, no statement of facts". How do I therefore know the speed I am being prosecuted for? I have had a quick check on pepipoo and not found a conclusive answer as to whether the speed needs to be mentioned as per a non-verbal NIP?!
Any help appreciated. Case to be heard this friday at 2pm....
Also. Last question. The summons states I need to tell the court of my plea intention at least 7 days prior to the hearing, although I have been on holiday and am only in a position to send them their response tomorrow.... Will they get upset about this?!
Right then Fergus...
You are not eligible for the Conditional Offer (60/3points) because this kicked out for a 60 limit at 85mph. 86 and above is a Court appearance as they consider this a more serious offence and MAY want to look at the question of a ban depending on the evidence etc.
Regarding disclosure of the evidence there is a duty on Prosecution to disclose where person charged with summary offence in respect of which a court proceeds to summary trail and in respect of which he pleads "Not Guilty" (Why they want to know your plea).
Prosecution must disclose any prosecution evidence not previously disclosed and which may undermine their case or send a written statement that they don't have any.
By all means write and tell them your plea and why the delay. Depending on what you plead they may adjourn to another date so that they can get their evidence off to you which should disclose the speed.
However in view of the short time left I would consider in addition to the letter phoning the Mags Clerks office on Monday to discuss matters and the delay.
DVD
>> Edited by Dwight VanDriver on Saturday 26th February 15:13
You are not eligible for the Conditional Offer (60/3points) because this kicked out for a 60 limit at 85mph. 86 and above is a Court appearance as they consider this a more serious offence and MAY want to look at the question of a ban depending on the evidence etc.
Regarding disclosure of the evidence there is a duty on Prosecution to disclose where person charged with summary offence in respect of which a court proceeds to summary trail and in respect of which he pleads "Not Guilty" (Why they want to know your plea).
Prosecution must disclose any prosecution evidence not previously disclosed and which may undermine their case or send a written statement that they don't have any.
By all means write and tell them your plea and why the delay. Depending on what you plead they may adjourn to another date so that they can get their evidence off to you which should disclose the speed.
However in view of the short time left I would consider in addition to the letter phoning the Mags Clerks office on Monday to discuss matters and the delay.
DVD
>> Edited by Dwight VanDriver on Saturday 26th February 15:13
Question. I've just spoken to the CPS who have stated that the written statement from the officer who stopped me says I was doing 98mph. When I was stopped, I was told 96mph (i.e. 36 over the 60 limit). This was also written on the producer. I also had a witness in the car with me at the time who heard what the officer said.
Can I go to court and plead not guilty to their charge of 98, as I was allegedly only clocked at 96mph? I do not have a copy of the producer, but could I request that this be produced as evidence?
If I was clearly over 60mph, can they prosecute me for this anyway, 96 or 98mph? Or do they need to hit me with a specific speed?
thanks in advance?
Can I go to court and plead not guilty to their charge of 98, as I was allegedly only clocked at 96mph? I do not have a copy of the producer, but could I request that this be produced as evidence?
If I was clearly over 60mph, can they prosecute me for this anyway, 96 or 98mph? Or do they need to hit me with a specific speed?
thanks in advance?
Street, it was a tripod mounted gatso. My question is that the speed I was alleged to have been travelling seems to have changed from the number given at the roadside to the number indicated in the officers' written statement. I am not arguing against the equipment!
To any solicitors - can I use this in court to throw out the case at all?!
thanks
To any solicitors - can I use this in court to throw out the case at all?!
thanks
fergus said:
Street, it was a tripod mounted gatso. My question is that the speed I was alleged to have been travelling seems to have changed from the number given at the roadside to the number indicated in the officers' written statement. I am not arguing against the equipment!
The speed will be recorded then...so as long as it's put before a court.....no prob..
It's like if you get done for no seat belt by a copper, who writes the wrong street name on the ticket...if it's a genuine mistake and the police officer can explain the mistake, the ticket is still enforceable. Admin error on that part of the procedure doesn't make the offence 'throwoutable'...
Fergus
Of course there is nothing preventing you from pleading Not Guilty and try to work on the assumption that by recording the wrong speed as you allege then there could be the possibility of a greater misrepresentation that BiB was an out and out porkie teller as to your speed which was not in excess.
On such a plea, BiB responsibile would be called to give evidence when he may well disclose on oath that as an error he quouted 96 instead of 98 recorded.
I think you will agree that this is still a tad over the limit. So in my book you have a hell of a mountain to climb to get what you desire.Sorry.
DVD
Of course there is nothing preventing you from pleading Not Guilty and try to work on the assumption that by recording the wrong speed as you allege then there could be the possibility of a greater misrepresentation that BiB was an out and out porkie teller as to your speed which was not in excess.
On such a plea, BiB responsibile would be called to give evidence when he may well disclose on oath that as an error he quouted 96 instead of 98 recorded.
I think you will agree that this is still a tad over the limit. So in my book you have a hell of a mountain to climb to get what you desire.Sorry.
DVD
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