Lurker needing advice! (Long post)

[Momentofmadness]

Dear all,

I have been a lurker on this site for some time, and read all the advice/views given (respect to Tonyrec et al). I never thought I would be asking for advice, but here goes:

I have been given a FPN from a traffic car for the following:
11:30pm Single carriageway NSL (but was showing roadwords 40mph signs, even though cones were all on the verges, no work in progress).
Distance was about a mile, between two roundabouts.
When stopped, lone policeman said I was going to get banned. He asked me how fast I was going, I avoided answering, he said 80, I hesitated and he said "say yes". He said I must have been doing about 110 (based on him having to change upto 4th gear at 100). He didn't show me any readings of my speed. I was literally shaking, but when I asked if I could avoid a ban he offered me a FPN.

I must add that I have never had any dealings with the police (good or bad), but if he could have banned me I'm sure he would have - cos he was very aggresive with me. I have talked to some friends (inc. a taxi driver) who all say he needs evidence, and if I took it to court should be dropped.

Should I take it to court? And if I do, since I'm turning down a FPN, I couldn't get banned could I?

Many thanks for taking time to read this, and yes I have learnt my lesson - I was shaking

[Mark in Ireland]

If you were speeding, take the FPN and put it down to experience. However if you weren't speeding fight it, but beware, from my experiences along long time ago, the police can be very vindictive and the long arm of the law is very long.

[Momentofmadness]

Thanks for your reply Mark.

I just feel that since there is no real evidence, that the officer was wrong to give me a ticket - a bollocking/warning maybe but not a ticket without evidence. If I take it to court then he can't produce any evidence so this can't be right

Thanks for any help with this one

[jeffreyarcher]

He requires 'corroborating evidence', either from another policeman or from a device. However, if it was a traffic car, the calibrated speedo would normally provide this.

Momentofmadness said:

11:30pm Single carriageway NSL (but was showing roadwords 40mph signs, even though cones were all on the verges, no work in progress).

Check the signs.
Road works are notoriously badly signed (except on motorways).
In particular, but not exhaustively,
1) Start signs must be in pairs, and lit, if required (see below).
2) Repeaters must be provided at 'regular intervals'.
3) If the road is a trunk or principal road, both start signs must be lit if either is within 50m. of a street lamp.
4) Even if they are not required to be lit, as per 3) above, but one is lit, both must be lit.
5) If a backing board is provided, it must be rectangular and may only be grey or yellow.

>> Edited by jeffreyarcher on Sunday 14th March 14:14

[Dwight VanDriver]

It would be interesting to know what speed limit the driver is accused of breaking, NSL or Temp Road works.
Is this marked on the FPN?

DVD

[AllTorque]

You don't say how fast you actually were going. If it truly was over 100, you're bloody lucky to be honest! I'd take the punishment, and get on with your life....

[Momentofmadness]

DVD, there is nothing marked on my FPN. The policeman did ask what the speed limit was, and I said 60 as the roadworks weren't in operation and he corrected me saying it was 40. When he said "say yes" to 80, then in that case I would be looking at a ban, and he was also quoting figures of 100+ due to his gearchanging (see above)

I just think that he would have banned me if he had had the evidence, cos he was aggressive towards me. It seems a case of I know you were speeding, but can't prove it, so here a ticket

Thanks for your help guys

[DennisTheMenace]

I had a bit of a rant with a copper a few years back , because he said he needed to do 100+ to catch me therefor i was going 100+ , I was doing 70 in a 60 .
He had to do 100+ beacause
A. he was trying to be a hero
B. he's not going to catch me otherwise so of course he has got to go faster to catch me up (logical thinking )

Pointed out B to him but not A


Got off with a caution

[telecat]

Had this myself on The A58M where it becomes the A64. I was doing over the limit But only just over, and spotted the Panda who seemed to think I was worth catching. Because I had spotted Him I had ducked behind a HGV and he blasted past to the next junction where he waited for me and slipped in behind me. By this time I was sticking rigorusly to the limit despite his attempts to "push" me. He did eventually stop me and told Me He'd had to drive Over 80 to catch me. I just asked where that had been as I hadn't seen him and had come off the A64 behind him. (Smile). I knew He couldn't get me as He had no visual of me in front of him. Made My day when he had to give up. That place of the A58(M)/A64 has become much more hazardous now tho due to the morons who seem to think its fun to cross at a point where there are crash barriers/railings stopping them crossing. The Locals who seem to have a brain cell to share between them, even blocked it demanding Speed cameras despite the fact the people killed there where hit by cars doing the speed limit and not using the crossings provided!

>> Edited by telecat on Sunday 14th March 21:16

[Momentofmadness]

I am tempted to take this to court, but my fixed penaly notice is up (i.e I need to surrender my licence) on Wednesday

So keep all your views coming (esp from those in the know ) which are very much appreciated!




>> Edited by Momentofmadness on Sunday 14th March 23:02