Charged for doing 30mph in a 30mph zone

[Keendriver]

The initial message was deleted from this topic on 27 September 2013 at 13:50

[mikeyr]

Get legal advice perhaps? Wouldn't rely on the internet to solve your issues...

[Triumph Man]

Keendriver said:

That will be my next port of call if nobody can't help. Thanks.

If nobody can't help, surely that must mean everyone can help!

[zebra]

If you got a summons to go to court then I suspect you were well over the limit, as oppose to just receiving an SP 30.

Not sure where you stand _ legal help required as has been stated.

[LuS1fer]

I hesitate to say this but you could plead not guilty and say you accept the statement S.9 so do not need the officer to attend. On the day, the prosecutor may not have noticed, if you're lucky, and can only read the agreed evidence which means the court would have to acquit. In that situation, to avoid embarrassment, most would drop it.

HOWEVER, when the summons is issued, it may get picked up as the speed may be specified in the charge (possibly) and a revised statement may follow and you then suffer prosecution costs and victim payment as you would then have to plead...

[Keendriver]

Thank you. At last a very useful answer.

[LuS1fer]

I should add a rider to that - much depends on how much over the limt you were because if it is a big one, the prosecutor might still apply to adjourn and if that was refused, he could ask for time to mobilise the officer to attend court, forthwith.

In my experience, magistrates are harsh on the prosecution if it's a minor excess but far more anti-defendant in serious speeding cases, especially if it appears the defendant is trying to hoodwink the court or "be clever".

[BeeGeeTee]

LuS1fer said:

I should add a rider to that - much depends on how much over the limt you were because if it is a big one, the prosecutor might still apply to adjourn and if that was refused, he could ask for time to mobilise the officer to attend court, forthwith.

In my experience, magistrates are harsh on the prosecution if it's a minor excess but far more anti-defendant in serious speeding cases, especially if it appears the defendant is trying to hoodwink the court or "be clever".

You know too much about all this

[Keendriver]

It wasn't anti-social speeding. I got Sumon to court because I drive under EU licence, IE they can't issue a ticket on the spot. The charge does states the correct speed measured but the written statement 30. My worry is that procecussion states it as clerical error and asks for the police officer to comes to court (6mth after the facts though)

[zebra]

Hang on a second. Why delete the original post?

[Keendriver]

The first few answers were not very helpfull so I decided this was a waste of time ! here is the original story :

I got done for xxx in a 30mph. Motorcop stopped me, told me the pro laser 3 reading.
He gave me a oral NIP and because I am under EU licence can't issue me with a SP30. So I received the summon to court with the charge that states the correct speed reading, but in his handwrittent witness statement he states the reading was 30mph... Hence I am confused. Do I plead guilty or not ?

[zebra]

I suspect that if the summons states the correct reading that is what will be the basis of the court decision.

How come you have the different license?

[randlemarcus]

zebra said:

How come you have the different license?

Because he can. Rules, as I understand it, are 3 years, or driver's 70th birthday - whichever is the later.

[Keendriver]

Because I am a johnny foreigner.

[Snowboy]

Was it 36 mph?

[zebra]

Keendriver said:

Because I am a johnny foreigner.

Ahhhhh? Thanks.

[fjord]

Are you sure it wasn't one of those new 20mph zones?

[Antony Moxey]

Why haven't you said what the correct reading was, rather than just putting 'xxxx'?

[Keendriver]

this was a 30mph. I'd rather not state the speed here but it wasn't these Dailymail record you see at all. A UK licence whould have got a SP 30 on the spot.
but pleading guilty to driving > 30mph when the evidence is that I was doing 30 in a 30 zone is just a legal non-sense.

[LuS1fer]

zebra said:

I suspect that if the summons states the correct reading that is what will be the basis of the court decision.

How come you have the different license?

No, that is not the evidence but if it states the speed, it could be used as a lever to adjourn/ get the officer there as it might show the defendant was trying it on. If it's a minor transgression, the court may not allow this - they are increasingly exceedingly busy - but it's a roulette wheel but in your case, the fact you HAVE to go to court means the court would be unlikely to award costs etc as it is not your fault.

The 6 months is irrelevant - only the summons has to be issued within that time and can be amended at any point unless it is wrong in law ie legislation that doesn't exist. An amendment cannot rectify a fatal flaw.