Caught speeding...........Need help
Caught speeding...........Need help
Author
Discussion

ianmac1234

Original Poster:

8 posts

261 months

Wednesday 5th May 2004
quotequote all
I recently got caught speeding by two policemen using a vascar system, i was apparently doing 77.08 MPH in a 60, in the middle of nowhere, with no other cars nearby. Im already on 9 points, six of which expire in august so i really could have done without this...

When talking to the policeman after being pulled over i explained that i already had 9 points. He explained that there was nothing he could do and began issuing a FPN. I was obviously shitting myself at the thought of loosing my license for 6 months. However, the plod then started explaining to me how it would be in my best interests to get a solicitor and that all may not be lost. I said what’s the point, i might as well just send my license off… but the policeman kept insisting..... Get yourself a solicitor..... And then he said that there is a time factor involved for these things to be dealt with….. ????? What does he mean? Why would he do this?

Does anyone know anyway I could challenge this FPN. He said he clocked me over a distance of 0.4 miles but he was hiding behind a bush so I don’t see how he could have a clear view of his reference points. It was pissing with rain at the time, I thought vascars could only be used in good weather? I genuinely get the impression he was trying to explain a way out as he kept saying that he could not be biased. He seemed like a good bloke, but then again he could have just been around……

Any help or advice would be massively appreciated… I cant cope with loosing my license!!

ian d

986 posts

277 months

Wednesday 5th May 2004
quotequote all
check out www.pepipoo.com
you could drag it out until your six points have been removed.

ianmac1234

Original Poster:

8 posts

261 months

Wednesday 5th May 2004
quotequote all
apparently that doesnt matter, its the date of the offence, not conviction..........

swilly

9,699 posts

296 months

Wednesday 5th May 2004
quotequote all
No, on my licence I have two FPN and the dates are those of the offence.
The third a court appearance is the date of the conviction.
Hence the coppers advice.

You aint committed an offence until the nice Magi's say so.

>> Edited by swilly on Wednesday 5th May 16:06

ianmac1234

Original Poster:

8 posts

261 months

Wednesday 5th May 2004
quotequote all
Quality....didnt know that, so if i contest the FPN and it goes on long enough until my other points have expired im home and dry? im seeing my solicitoron friday, hopefully he has some ideas!

ianmac1234

Original Poster:

8 posts

261 months

Wednesday 5th May 2004
quotequote all
does anyone have any tips on how i should try and drag the process out, i need to delay it until early august and are the magis likely to give me more points for contesting it?

swilly

9,699 posts

296 months

Wednesday 5th May 2004
quotequote all
I dont believe you will need to try and drag it out, the courts are more than capable of that themselves.

I was caught in mid December and went to court in April without trying to delay matters.

jeffreyarcher

675 posts

270 months

Wednesday 5th May 2004
quotequote all
AIUI, it is the offence date for totting up purposes, although, obviously, any resultant ban can only apply from the conviction date.
That said, courts have been known to make mistakes in more complex cases, i.e. where points have been applied 'out of sequence' with the offences and / or new points have arrived and old points have expired.

>> Edited by jeffreyarcher on Wednesday 5th May 17:43

gone

6,649 posts

285 months

Wednesday 5th May 2004
quotequote all
ianmac1234 said:
does anyone have any tips on how i should try and drag the process out, i need to delay it until early august and are the magis likely to give me more points for contesting it?


You need to plead not guilty.
You need to make sure you want to cross examine all relevant witnesses.

You need to hope that both PC's have dates at around the time of the courts date which interfere with their annual leave period.

You should see a good solicitor. They are adept at this sort of tactic

Dwight VanDriver

6,583 posts

266 months

Thursday 6th May 2004
quotequote all
I thought that if the BiB knew there were 9 points on a licence and as a result the offence of speeding being dealt with would take the driver up to 12 points, then a Fixed Penalty was not issued and matter reported for summons there and then and Court case in view of pending disqualification.

Doubtful from what you say that you can disrespect VASCAR to get an aquittal.

What the kind Officer no doubt was trying to tell you that as your on a possible disqualification, then there is route to escape this by pleading what is called "Special Reasons". This is best looked at by a Solicitor well versed in the art of Traffic Law and eloquence to get the Magistrates to accept.

You will still have to pay a fine of course.

DVD

Demon Hill

368 posts

262 months

Thursday 6th May 2004
quotequote all
Find out from the Police if the equipment used to catch you speeding had been calibrated, and don't just accept verbal confirmation. I believe it should be calibrated everyday, If it hasn't the Judge should throw the case out

Of course, the Judge may take the word of the two fleece officers......

gRsf12

224 posts

262 months

Thursday 6th May 2004
quotequote all
...And 77 in a 60 plus
ianmac said:
It was pissing with rain at the time
will not help matters in the current climate, when you do get to court.

andygo

7,268 posts

277 months

Thursday 6th May 2004
quotequote all
I can never understand why, if the policeman is 'being helpful' do they carry on writing out the ticket.

I f he knows youv'e got 9 points and is sympathetic, then all he has to do is tear up the paperwork. Nobody would know, and you would, I am sure, be a bit careful in future. Well at least until August!

ianmac1234

Original Poster:

8 posts

261 months

Thursday 6th May 2004
quotequote all
My solicitor told me that when two plods decide pull you over, they have to continue writing a ticket....

Nightmare

5,277 posts

306 months

Thursday 6th May 2004
quotequote all
yeah - this is something I was told when ticketted so they could "have a look at your car mate". I was less amusedly tolerant when it then took nearly 2 hours waiting at the station - oh well!

Ian - a tenner says they dont get you near court for motnhs...and you can refuse dates if you have other commitments already....which will drag it out further

hertsbiker

6,443 posts

293 months

Thursday 6th May 2004
quotequote all
ianmac1234 said:
My solicitor told me that when two plods decide pull you over, they have to continue writing a ticket....



Hmmm. Like the soldier who is instructed to kill an innocent civilian HAS to do it?

Sorry - rules are made to be broken by INTELLIGENT people who are capable of reasoning. A ban is not in the interest of anyone. Lose your job as a result & claim dole money? that comes out of everyones pocket, including the Plod. No sense at all.

gone

6,649 posts

285 months

Thursday 6th May 2004
quotequote all
Demon Hill said:
Find out from the Police if the equipment used to catch you speeding had been calibrated, and don't just accept verbal confirmation. I believe it should be calibrated everyday, If it hasn't the Judge should throw the case out

Of course, the Judge may take the word of the two fleece officers......



Not much good I am afraid. The machine is calibrated by a particular process invoked by the officer to check the device is accurate. This is usually done at the start of a tour of duty by each individual officer using the equipment. I am not aware that it is imperative or a requirement for them to do this after every session or even after a change of user or even every day!

ianmac1234

Original Poster:

8 posts

261 months

Thursday 6th May 2004
quotequote all
looking around the net etc i have heard that if there is not evidence of calibration both at the start and at the end of a shift then anyone convictions must be dropped.

Dwight VanDriver

6,583 posts

266 months

Friday 7th May 2004
quotequote all
>>>>>>Vascar is also used in police helicopters<<<<<<<

Help Black Rats...

Where do they put the diode? On the rotor blade shaft????????

DVD

streaky

19,311 posts

271 months

Friday 7th May 2004
quotequote all
Dwight VanDriver said:
>>>>>>Vascar is also used in police helicopters<<<<<<<

Help Black Rats...

Where do they put the diode? On the rotor blade shaft????????

DVD
Humm. Somewhat the reverse of the guy who got off a speeding charge by claiming the radar [old story] was reflected off the spinners on his k/o wheels - Streaky