Speeding

[J15myd]

Hi,
Am looking for some advice on a speeding incident in January,I was caught doing 104mph on a 70mph (I know total stupidity!) I have a few query about it, I have just received a situation through for court! Today (20/10/18) Should I have received this sooner ?, Is it not that they need to make contact within 6 months? Also I was caught on a motorway with the police using a speed gun (speed gun unipar SL700) when traveling within their car, Is that allowed ? Also there are no bridges of police lay-bys in the stretch of road which leads me to believe they where either traviling while using the speed gun or sitting on a on slip road(hard shoulder!) Am I right in saying that this is for emergencies only ? Any clarification or pointed in the right direction would be much appreciated.

Thanks in advance.

James

Edited by J15myd on Saturday 20th October 19:09

[GetCarter]

As I understand it your case will be thrown out of court.

Just phone someone like this (plenty of them)

https://www.roadtraffic.com/road-traffic-lawyers/?...

[J15myd]

Cheers for the reply I will contact them on Monday Fingers crossed as cant afford to lose my license

Edited by J15myd on Saturday 20th October 16:27

[haggishunter]

Where did it happen?

[J15myd]

It happened on the M876

Edited by J15myd on Saturday 20th October 16:27

[roadsmash]

J15myd said:

Hi,
I was caught doing 104mph on a 70mph (I know total stupidity!)

You know you did it, so take the punishment and learn from it.

[J15myd]

Yaeh to put you in the picture, I was traveling to the hospital as my wife was admitted with complications with our new born baby!

[haggishunter]

The police often sit on the slip road for the Larbert hospital with the gun hanging out the window.

[J15myd]

I thought so! As am aware (from a police source) the police can’t sit on a slip road (hard shoulder) and use the gun hanging it out a window. I hope this is right!

[DCL]

I think it depends on exactly what you've been charged with. If it's a criminal charge (such as dangerous driving), then I believe there are no time limits - certainly up to a year from a caution. But that suggests more than just a speed gun reading as evidence. I would get some independent and professional legal advice.

[haggishunter]

I presume you were heading North/East they sit there regularly.

[Craigie]

Did the police come after you and stop you or just get the notification through the post?
If the first notification you had was this one through the post then I am pretty sure it will fall into the time barred criteria. Having said that, they would also know that so why send it??

[J15myd]

No they pulled me over on the motorway, but didn’t have any video evidence only the laser speed gun.

Edited by J15myd on Saturday 20th October 19:12

[Hilts]

roadsmash said:

J15myd said:

Hi,
I was caught doing 104mph on a 70mph (I know total stupidity!)

You know you did it, so take the punishment and learn from it.

Jesus Christ

[roadsmash]

J15myd said:

Hi,
I was caught doing 104mph on a 70mph (I know total stupidity!)

J15myd said:

Yaeh to put you in the picture, I was traveling to the hospital as my wife was admitted with complications with our new born baby!

So why was it “total stupidity” then?

Also irrelevant in the eyes of the law.

[Laplace]

IANAL but it would appear to be time barred. Unlike in England where information only has to be laid with the court within 6 months giving rise to occasions where a summons can arrive after 6 months, Scots law makes it clear that proceedings commence when you are cited (rather than when the information was laid).

Be aware however that in Scots law you can't challenge the competency of the charge after you have entered a plea, so do not respond via letter entering a plea.

Take legal advice. I have contacted https://www.theroadtrafficlawyer.com in Glasgow on a few occasions over the years by phone and email and they have always been very helpful and quick to respond.

https://www.legislation.gov.uk/ukpga/1995/46/secti...

https://www.legislation.gov.uk/ukpga/1995/46/secti... (Sect 4 & 5)

Edited by Laplace on Sunday 21st October 16:20

[Chainsaw Rebuild]

Good luck in getting out of it - hope the baby is ok!

[Glasgowrob]

as Laplace suggested contact Micheal Lyons www.theroadtrafficlawyer.com

very competent, very professional outfit. and know as their site suggests the law inside out in relation to driving matters.

[Thevet]

There is also Paulqv on this site who is a great petrolhead and lawyer, would definitely get my vote for legal matters esp cars and cops.

[J66JBo]

My father will help - Nigel Beaumont on 07836520472. Forget the ‘road traffic lawyer’!