Speeding offence solicitors/advice

[Drl22]

BertBert said:

agtlaw said:

BertBert said:

At that speed you'll get a SJPN, plead guilty by post and get some points and a fine. No big deal methinks

It's 2023. Do it online.

Yes indeed, good point

Terrible advice. Once/if you get the dreaded letter. Have a chat to a good motoring solicitor. First time round I ended up with six points after being advised to plead guilty. Second time, stupid I know to get caught again but it happens, didn’t plead guilty and the whole thing was thrown out due to good legal work. I know which route I’d always advise for people…

[BertBert]

Drl22 said:

Terrible advice. Once/if you get the dreaded letter. Have a chat to a good motoring solicitor. First time round I ended up with six points after being advised to plead guilty. Second time, stupid I know to get caught again but it happens, didn’t plead guilty and the whole thing was thrown out due to good legal work. I know which route I’d always advise for people…

It wasn't intended to be advice.

[martinbiz]

Drl22 said:

BertBert said:

agtlaw said:

BertBert said:

At that speed you'll get a SJPN, plead guilty by post and get some points and a fine. No big deal methinks

It's 2023. Do it online.

Yes indeed, good point

Terrible advice. Once/if you get the dreaded letter. Have a chat to a good motoring solicitor. First time round I ended up with six points after being advised to plead guilty. Second time, stupid I know to get caught again but it happens, didn’t plead guilty and the whole thing was thrown out due to good legal work. I know which route I’d always advise for people…

Actually that is terrible advice, it would have been thrown out primarily because you had a defence or a procedural error was made, the best lawyer in the world is not going to able to come up with something that's not already there. Advising that the default position is to plead NG irrespective of whether there is a viable defence is pretty dumb, but a Very easy stance to take if it's not your money to throw away.

[Drl22]

martinbiz said:

Drl22 said:

BertBert said:

agtlaw said:

BertBert said:

At that speed you'll get a SJPN, plead guilty by post and get some points and a fine. No big deal methinks

It's 2023. Do it online.

Yes indeed, good point

Terrible advice. Once/if you get the dreaded letter. Have a chat to a good motoring solicitor. First time round I ended up with six points after being advised to plead guilty. Second time, stupid I know to get caught again but it happens, didn’t plead guilty and the whole thing was thrown out due to good legal work. I know which route I’d always advise for people…

Actually that is terrible advice, it would have been thrown out primarily because you had a defence or a procedural error was made, the best lawyer in the world is not going to able to come up with something that's not already there. Advising that the default position is to plead NG irrespective of whether there is a viable defence is pretty dumb, but a Very easy stance to take if it's not your money to throw away.

The layman is not going to find the procedural error and exploit it. It was my money I spent it, for me it was worth it. Everyone can make their own decisions but if I pleaded guilty I’d have no licence now. That would have been dumb..

If you plead guilty you 100% get the punishment, if you plead NG you have a shot.. OP’s call.

[martinbiz]

Drl22 said:

martinbiz said:

Drl22 said:

BertBert said:

agtlaw said:

BertBert said:

At that speed you'll get a SJPN, plead guilty by post and get some points and a fine. No big deal methinks

It's 2023. Do it online.

Yes indeed, good point

Terrible advice. Once/if you get the dreaded letter. Have a chat to a good motoring solicitor. First time round I ended up with six points after being advised to plead guilty. Second time, stupid I know to get caught again but it happens, didn’t plead guilty and the whole thing was thrown out due to good legal work. I know which route I’d always advise for people…

Actually that is terrible advice, it would have been thrown out primarily because you had a defence or a procedural error was made, the best lawyer in the world is not going to able to come up with something that's not already there. Advising that the default position is to plead NG irrespective of whether there is a viable defence is pretty dumb, but a Very easy stance to take if it's not your money to throw away.

The layman is not going to find the procedural error and exploit it. It was my money I spent it, for me it was worth it. Everyone can make their own decisions but if I pleaded guilty I’d have no licence now. That would have been dumb..

If you plead guilty you 100% get the punishment, if you plead NG you have a shot.. OP’s call.

So you were in the last chance saloon, slightly different to suggesting that everyone should go NG whatever their position. yes you have a shot, but at a very hefty price when it goes against you

[ninepoint2]

Drl22 said:

The layman is not going to find the procedural error and exploit it. It was my money I spent it, for me it was worth it. Everyone can make their own decisions but if I pleaded guilty I’d have no licence now. That would have been dumb..

If you plead guilty you 100% get the punishment, if you plead NG you have a shot.. OP’s call.

All legal advice I got was to plead guilty and engage a solicitor when I got caught at 105mph, which meant I was looking at a possible ban, I did and the "judge" (it's not a judge but can't remember his title) did not impose a ban but in fact gave me a more lenient fine and points than should have been and he stated that one of the reasons for being lenient was because I pled guilty from the outset.

[pandjack1]

Wow! I really didn't expect such interest in my cry for help. With the exception of the first sarcastic, pompous & self-righteous response from Dr dibblecorse (& one or two other 'saints of the road') I'm really appreciative of all of your messages. We're all fallible to greater or lesser degrees & we all have a different view on what's acceptable driving behavior & what's not but the fact that we all have the common passion of driving is why I posted my question - not to be judged, patronized or insulted, just seeking advise (& not neccesarily support) from fellow pistonheads. Thank you to all that have contributed positively, & to those that haven't - enjoy being perfect. I'll keep you posted as things progress.

[martinbiz]

Please do, even if it's nothing, if that happens make sure you buy a lottery ticket

[Drl22]

martinbiz said:

Please do, even if it's nothing, if that happens make sure you buy a lottery ticket

Haha, the police mess up all the time, it’s shocking really.

[havoc]

gshughes said:

Looking at the thresholds information elsewhere in this forum, you'll get a fixed penalty up to 85 mph, so I guess you have to hope your speedo over-reads a bit (as most do).

I did something very similar several years ago (my only offence to-date - a rep in an A4 had been driving like a snail for 4-5 miles, came to a clear stretch, as I went to overtake he put his foot down to be an ahole, I foolishly continued with the overtake), albeit my speedo read 86. I received a standard NIP for an SP30 in the post - got away with 3 points, which I considered a result.

The straight answer is "it depends"
- It depends on how much your speedo over-reads, and on where they clocked you.
- It depends on whether they decide they'd rather send you a standard NIP for e.g. an SP30 (the SCP get the funds from them), or whether you get a summons for a court-assessable offence (the SCPs don't get the funds from any fines levied by a court)

If you get offered 3 points, I'd 'fess up, take it with both hands, and thank whatever deity you believe in.
If it's a court summons, I'd be seeking the advice of a motoring solicitor.

[martinbiz]

havoc said:

I did something very similar several years ago (my only offence to-date - a rep in an A4 had been driving like a snail for 4-5 miles, came to a clear stretch, as I went to overtake he put his foot down to be an ahole, I foolishly continued with the overtake), albeit my speedo read 86. I received a standard NIP for an SP30 in the post - got away with 3 points, which I considered a result.

The straight answer is "it depends"
- It depends on how much your speedo over-reads, and on where they clocked you.
- It depends on whether they decide they'd rather send you a standard NIP for e.g. an SP30 (the SCP get the funds from them), or whether you get a summons for a court-assessable offence (the SCPs don't get the funds from any fines levied by a court)

If you get offered 3 points, I'd 'fess up, take it with both hands, and thank whatever deity you believe in.
If it's a court summons, I'd be seeking the advice of a motoring solicitor.

Whatever happens he won't be getting a 'summons'

[havoc]

martinbiz said:

Whatever happens he won't be getting a 'summons'

OK, my mistake in language terms. Never been there so don't know what the exact procedure is. The sentiment still stands...

[paintman]

Drl22 said:

The layman is not going to find the procedural error and exploit it. It was my money I spent it, for me it was worth it. Everyone can make their own decisions but if I pleaded guilty I’d have no licence now. That would have been dumb..

If you plead guilty you 100% get the punishment, if you plead NG you have a shot.. OP’s call.

You could give the OP the contact details of the legal team that got you off?

[martinbiz]

paintman said:

Drl22 said:

The layman is not going to find the procedural error and exploit it. It was my money I spent it, for me it was worth it. Everyone can make their own decisions but if I pleaded guilty I’d have no licence now. That would have been dumb..

If you plead guilty you 100% get the punishment, if you plead NG you have a shot.. OP’s call.

You could give the OP the contact details of the legal team that got you off?

Good forward thinking but the OP hasn't even got a NIP yet, he may get lucky

[youngsyr]

Just on a technical point, how accurate are the vans - OP states he was overtaking, so if van was on nearside verge/layby its view would have been across other cars travelling at lower speeds, meaning some scope for an incorrect reading and some hope there for the OP?

[Wackywoo105]

ninepoint2 said:

All legal advice I got was to plead guilty and engage a solicitor when I got caught at 105mph, which meant I was looking at a possible ban, I did and the "judge" (it's not a judge but can't remember his title) did not impose a ban but in fact gave me a more lenient fine and points than should have been and he stated that one of the reasons for being lenient was because I pled guilty from the outset.

I had a run in with the magistrates (I think) many years ago. I didn't see the point in engaging a solicitor if pleading guilty. I got a fine and points. I had a moment alone with the prosecutor while the magistrates went out to consider the verdict, so asked what she thought I would get. She said the last chap, who was going slower than me got banned. I'm guessing the suit and contrition paid off.

[wc98]

youngsyr said:

Just on a technical point, how accurate are the vans - OP states he was overtaking, so if van was on nearside verge/layby its view would have been across other cars travelling at lower speeds, meaning some scope for an incorrect reading and some hope there for the OP?

Depending on the equipment used there may be a chance the OP hears nothing regarding the incident. The LT 20 20 will flash an error message if it detects two vehicles within a short time frame and there is a fair chance of this happening when passing a line of slower moving traffic all nose to tail. I have no idea if it is the same type of equipment used in the vans though.
I found this out a week after a long court case that involved speeding among other things traffic related after one officer in court stated the readout was flashing between two wildly different speeds, inferring the higher to be mine. Luckily for him i didn't, being caught lying to the court wouldn't have gone down too well i would imagine.

[pandjack]

To close this out, NIP arrived shortly after the last post on here followed by SJPN exactly 6 months from the date of the offence (27th March)! Recorded speed was 89mph so facing a potential ban I engaged Caddick Davies who provided a written representation. Magistrates Court sentenced me in my absence last week : 6 points, £403 fine + £90 prosecution costs & £161 victim surcharge.

I've lost all interest in fast road driving following this so sold the 911 & found myself a very tidy Morgan 4/4 for loads of fun within the speed limits! Still got the Fireblade which will now be trackday adrenalin only!

Thanks again to those who engaged positively. Stay safe.

[NFT]

pandjack said:

To close this out, NIP arrived shortly after the last post on here followed by SJPN exactly 6 months from the date of the offence (27th March)! Recorded speed was 89mph so facing a potential ban I engaged Caddick Davies who provided a written representation. Magistrates Court sentenced me in my absence last week : 6 points, £403 fine + £90 prosecution costs & £161 victim surcharge.

I've lost all interest in fast road driving following this so sold the 911 & found myself a very tidy Morgan 4/4 for loads of fun within the speed limits! Still got the Fireblade which will now be trackday adrenalin only!

Thanks again to those who engaged positively. Stay safe.

Name des Opfers, Vorname, Nachname?

[Stu0221]

That's an interesting update. Thanks for coming back and letting us know the result. You must be relatively happy with the outcome.

It's interesting that you mentioned in your op that you saw 89 mph on your speedo before slowing and they caught you at bang on 89 mph. It would appear your speedo was very accurate and definitely makes me think to be more careful using speedo Vs radar speed comparisons.