Question to boys in blue...
Question to boys in blue...
Author
Discussion

Wimdows

Original Poster:

108 posts

272 months

Friday 16th May 2003
quotequote all
Regarding my earlier posts:

Here and here, I have an update...

I'm due in the magistrates court on monday. I received 'evidence' today (less than 7 days prior to court date) in the form of a written statement by a police officer about how he set up his equipment (LT1 20-20 Speedscope and Lastec) and caught me doing 74mph.

The date of issue of the court summons is exactly 6 months and 1 day after the date of the offence. Also, the reason I didn't get a FPT is because I have a Dutch driving license and they can't put penalty points on it. Anyway, as one of the guys on the previous posts (see the thread links above) said, it might be good to plead guilty and simply ask why I didn't get a FPT. The fine for accepting an FPT is less than pleading guilty in court, and all of this because I don't have a British driving license, and I could say I'm discriminated against. This got a case thrown out, as mentioned by a previous poster.

I'm confused. What do I do? Plead guilty? Mention the fact that the court summons was issued out of time? Or both? And what about the fact that the "evidence" was disclosed less than 7 days prior to the court date?

I'd really appreciate your comments.

Thanks a lot.

Cheers,
Wim

>>> Edited by Wimdows on Friday 16th May 22:28

>>> Edited by Wimdows on Friday 16th May 22:29

Wimdows

Original Poster:

108 posts

272 months

Saturday 17th May 2003
quotequote all
Hi guys,

I really don't know what to do for the best. Plead guilty, or not guilty?

I really need some opinions here.

Thanks a bunch,
Wim

minimax

11,985 posts

276 months

Saturday 17th May 2003
quotequote all
afraid I can't help you mate - keep bumping it & maybe madcop will see it & feel like offering his help

deltaf

6,806 posts

273 months

Saturday 17th May 2003
quotequote all
How are you supposed to prepare a defence if they havent given you the "evidence" they had until just prior to the case being heard?
Id be pushing on that area too.
Seems like shoddy treatment to me...havent they heard the term "full disclosure"??

Wimdows

Original Poster:

108 posts

272 months

Saturday 17th May 2003
quotequote all
Thanks deltaf,

I agree with you, but that means I'd have to plead not guilty to challenge that, right?

Do you think I could still challenge the other points, about not having had the chance of a FPT plus the fact that the court summons was issues after 6 months after the date of the offence?

Cheers,
Wim

Don

28,378 posts

304 months

Saturday 17th May 2003
quotequote all
Wimdows.

I'm not a copper but here's the best advice I can think of.

Go to court. Be really polite and admit that you were going too fast at 74mph. Being it was temporary 50 for roadworks in a 70mph limit you could express remorse for erroneously going at the wrong speed limit, say it was a mistake and that you won't do it again.

Then when the work out they can't put points on your licence you'll get a fine. Which you can pay. And put the whole thing behind you happy in the knowledge your licence is untouched and your ability to drive in this country is unaffected.

And all without the risk of annoying the beak and getting yourself a bigger fine.

Wimdows

Original Poster:

108 posts

272 months

Saturday 17th May 2003
quotequote all
It's not about annoying the beak, rather than what is legally right or wrong...

Like all the questions about the NIP loophole, if I have the legal right to question the fact that the summons has been issued out of time, I will.

Is that really so unreasonable?

Ta,
Wim

kevinday

13,594 posts

300 months

Monday 19th May 2003
quotequote all
Don't get your hopes up too high. IIRC they have six months from the date the information was laid before them, not from the date of the offence or the date of the NIP.

wimdows

Original Poster:

108 posts

272 months

Monday 19th May 2003
quotequote all
Kevin,

I thought the date of "the information laid before them" is the same as the date of issue of the summons. The time between the issue of summons and the date of the offence should not be more than 6 months.

I wasn't talking about the date of the NIP...

Cheers,
Wim

>> Edited by wimdows on Monday 19th May 09:46

wimdows

Original Poster:

108 posts

272 months

Monday 19th May 2003
quotequote all
Right. Got back from court now. Just in case anyone's interested:

I got a 75 quid fine as the magistrates thought it (the speeding) was a bit excessive, and 4 POINTS ! Apparently they can and will keep a record even if one doesn't own a British license (fair enough).

For a first offence I do find the 4 points a bit harsh.

Ah, and since I didn't get an FPT offer, no court costs were incurred.

>> Edited by wimdows on Monday 19th May 19:02