Help Please for a Newbie

[Paul N P]

Would really appreciate any good advice concerning a major speeding matter which happened November 2003.

Got caught @ 10:30pm doing 128mph on the M4 near Port Talbot, Wales, by hand held laser device. Bit of background info..

1/. I've got 5 points already on my license, from offence earlier that year (50mph in a 30mph zone)

2/. Mitigation: light traffic, dry weather, good visibility, under control of vehicle, momentary lapse of judgement, need use of car for job, big stress at work due to involvement in redundancy announcement 2 days before & I'm the only source of comfortable transport for missus with long term back injury

3/. 3 witnesses in car to confirm most of the above & letters from work & also missus' GP to confirm the rest

My solicitor doesn't seem to want to offer a judgement on the likely length of ban I'm going to get. He will be in court to represent me though.

**** Any views on the ban I'm going to get????? ****

Also my court appearance has now been adjourned 13 times since early March awaiting information requested from the CPS...calibrations certs, manufacturer's manuals etc.

Device I was clobbered with was apparently Speedace, there does seem to some confusion by police/CPS as to the calibration status of this bit of kit.

**** Does anyone know if this device needs regular calibration, and if so what is the frequency? ****

All advice given will be very much appreciated. I know I've done wrong here, but the constant adjournments mean my nerves have been up & down virtually every 2-3 weeks over the last 5 months and I find the whole thing a complete p*ss take on behalf of the CPS/police.

I sold my motor just before 1st court date on the anticipation of a lengthy ban and have been forced to survive using EasyRentalCar on a fortnightly to forthnightly basis.

Thanks in anticipation of some useful feedback.

Paul

[BliarOut]

Have you posted on www.pepipoo.com? you may get some good advice there while waiting for a friendly here

[Streetcop]

My guess....: 1 month ban...£750 fine

I hope it's not as bad as that though, but I wouldn't be too hopeful.

Not the end of the world mate..don't worry too much..

Easy for me to say, I know..

Gary

[cortinaman]

is this being adjourned because the police/cps havent bought forth any evidence? if this is the case then you can have it thrown out of court due to 'lack of evidence'.i had a speeding offence chucked out for this (43 in a 30,10pm on a clear night,van hidden behind a high fence)when i pointed out that:-

1. the cps/police were asked to supply callibration certs,etc to the court for the adjourned hearing (3 weeks).....this hadnt appeared.

2. the cps prosecuter didnt even know anything about the case except that i was caught 'inexcess of the speed limit' but he had no idea how fast nor did he have any proof to show the court.

3.i had lost over 4 days wages just because of the 1st adjournment and having to come back (i work nights)

and finally i pointed out that when the police issue a '7 day wonder' that you are to produce your docs to a police station within 7 days or face prosecution......the court had asked for the police to supply the info 3 weeks previously and yet they hadnt sent anything,not even a piece of a4 paper with "he was speeding your honours,honest" written on it.....and did the magistrates think that the police were making a mockery of their honours by not supplying the information and just relying on an automatic 'guilty' verdict being given without any evidence.

by rights you can have a case dismissed after the first adjournment.

remeber,dress in a suit,clean shoes,pressed shirt and a tie (if required with the suit)......clothes (and manners) maketh man!


>> Edited by cortinaman on Saturday 10th July 05:43

[Paul N P]

Adjourned numerous times awaiting calibration certification, then police claim device doesn't need calibration, so now adjourned 3-4 times awaiting details of manufacturer from CPS, so this point can be clarified.

Today I find out that device was apparently calibrated (claimed not proven) 5 months previously despite the previous statement from CPS that calibration wasn't necessary, manufacturer has now been advised along with type of device.

After 10 mins www research, specified manufacturer doesn't actually market specified device and specified device looks nothing like the one I was clobbered with.

1 month ban sounds fairly reasonable, My fear has been 6 mths to a year

Do I really have a leg to stand on to get this one thrown out. The Police/CPS have been very very slow with evidence and some of the feedback from them has been contradicting vs. previous.

[gone]

With 5 points already (forgive me if I am wrong but probably for speeding?), my guess is that you will be banned for between 3 and 6 months and your fine will be earnings related. I would bank on around £500 to £1000 depending on your earnings.

Any mention of Dangerous Driving or Without Due Care/Reasonable Consideration?

Can't help you with the calibration for that particular device but most of them are self calibrating these days. They just require a run through against a car with a calibrated speedo as belt and braces before the check starts.

[Streetcop]

When are you back in court?

Keep us updated mate.

Street

[Dwight VanDriver]

If your case has been adjourned 13 times then it is about time your brief started making noises to the Bench for CPS to put up or shut up. Tell him to get his nose into the Magistrates Court Acts, there is something in there somewhere that if you are prepared for Court and CPS is'nt then it should be terminated.

Would dig it out myself but I don't condone that speed.

DVD