Court summons for speeding in a 50mph zone - Advice please

[bmw2type-r]

In May this year was caught by a BMW 5 series traffic police car doing 71mph in a "50" zone. 2 police officers were in the car. Court summons arrived today in post after 6 months almost (I believe this is usual)

I put my hands up and yes I admit that BUT it was late at night (4.05am) and there were no other cars on the road plus I know the road quite well (not making an excuses to justify my speeding). They tugged me as they were hiding on a side road. e

After following me they stopped and said I was doing 71 in a 40mph zone but the court summons says

" 1 Exceed 50 mph speed limit in contravention of a local traffic order - manned equipment"

Need to know that if I tick the "plead guilty by post" box I will get convicted of the above offence and not a 40mph exceeded limit.

I am pretty sure its a 40 mph zone which turned into 50mph.

Any advice greatly appreciated

Cheers

[V8LM]

Admitting 71 in a 50 is better than contesting and saying it was 71 in a 40 Shirley.

[Arctic Fox]

Agree 71 in a 50 is better than 71 in 40.

G00gle map it, you know where you were caught I assume? Check out what signs say v. what national speed limit is likely to be, eg lots of lamposts generally equals 30 limit, Open single carriageway is 50 (I think), unless signposts indicate different.

But I'd guess that what the summons says is what they have charged you with, so that'll be definitive. If in doubt, solicitor that specialises in road matters.

[Terminator X]

Why has it gone to Court? You will get royally screwed there.

TX.

Edit - single carriageway is 60 limit, dual carriageway 70 unless signed differently of course.

[Johnnytheboy]

Top lurking though, whatever.

[7db]

Arctic Fox said:

Open single carriageway is 50 (I think), unless signposts indicate different.

60.

[bmw2type-r]

It was a dual carriage way. The A40 towards central london. Turns from 3 lanes to 2 then back to 3 again

They have put exceed 50mph and thats what the offense states that I can plead guilty to?

Edited by bmw2type-r on Tuesday 5th November 22:34

[streaky]

bmw2type-r said:

They have put exceed 50mph and thats what the offense states that I can plead guilty to?

Yes.

Streaky

PS - the number of lanes matters not a jot, nor the carriageway type where a numerical limit is posted or the limit is 30 as prescribed by a conforming "system of street lighting" - S

[bmw2type-r]

Another thing is the police passenger wittness statements says doing '71mph in a 40mph zone'

So in their evidence there is 2 conflicting statements. So can this case even be thrown out???

[longblackcoat]

bmw2type-r said:

Another thing is the police passenger wittness statements says doing '71mph in a 40mph zone'

So in their evidence there is 2 conflicting statements. So can this case even be thrown out???

No.

They've got you for 71mph, and definitively exceeding the speed limit. Whether the police noted it down as a 40mph zone or a 50mph zone doesn't really matter; the road (and your location on it) are presumably accurately recorded, as are the details of the car and your personal details.

Plead guilty by post if you can - you'll get the same number of points and it'll be a lot cheaper.

[bmw2type-r]

Thanks for the advice guys. Looks like I will be "pleading gulity by post"

Once I admit to this they cant turn around and say "oh we made a mistake it was actually a 40mph zone" can they?

The offence is as stated and thats what I was pleading gulity for.

I will write in the "Please write anything that will help you case box" that it was a clear road and late at night with no other road users in sight so was hard to grasp speed plus roads were clear.

[longblackcoat]

bmw2type-r said:

Thanks for the advice guys. Looks like I will be "pleading gulity by post"

Once I admit to this they cant turn around and say "oh we made a mistake it was actually a 40mph zone" can they?

The offence is as stated and thats what I was pleading gulity for.

I will write in the "Please write anything that will help you case box" that it was a clear road and late at night with no other road users in sight so was hard to grasp speed plus roads were clear.

They've made you an offer to plead to 71 in a 50 - they can't then claim it was a 40 and give you additional punishment without offering you the chance to plead to that specific charge. Personally, I'd bite their hand off for it and hope that I got a nice 3 points/fixed penalty.

[bmw2type-r]

longblackcoat said:

They've made you an offer to plead to 71 in a 50 - they can't then claim it was a 40 and give you additional punishment without offering you the chance to plead to that specific charge. Personally, I'd bite their hand off for it and hope that I got a nice 3 points/fixed penalty.

Thats what I was thinking... Just bite the bullet and send it back ASAP.

But surely if it is going to court it will be more than 3 points

[kiethton]

bmw2type-r said:

longblackcoat said:

They've made you an offer to plead to 71 in a 50 - they can't then claim it was a 40 and give you additional punishment without offering you the chance to plead to that specific charge. Personally, I'd bite their hand off for it and hope that I got a nice 3 points/fixed penalty.

Thats what I was thinking... Just bite the bullet and send it back ASAP.

But surely if it is going to court it will be more than 3 points

Not necessarily, the fine will likely be bigger (if you actually work...) plus a £15 victim charge though

[Otispunkmeyer]

kiethton said:

Not necessarily, the fine will likely be bigger (if you actually work...) plus a £15 victim charge though

victim charge? Who is the victim here?

[bmw2type-r]

Victim charge?

Before it goes through the court there is a £85 court fee.

All this is, is another way of the government to make money. I wasnt harming any other road users only myself and 2 other passengers and it was a clear road at 4 in the morning not even another car like a mile in front or behind me. They coould have let me off I have no other points on my license and held a clean licsese for 9 years.

Also there is no video or photographic evidence bar a "puma" still speed contraption which was calibarated the day before the incident alegedly. I was pretty sure I wasnt doing 70mph!!!

[kiethton]

Yep the Victim charge sucks - its an extra £15 added to all fines levied at court to go into the pot to compensate the victims of crime

Edited by kiethton on Wednesday 6th November 11:21

[bmw2type-r]

Who would be a victim of crime in this instance

Confused much...

[herewego]

bmw2type-r said:

Victim charge?

Before it goes through the court there is a £85 court fee.

All this is, is another way of the government to make money. I wasnt harming any other road users only myself and 2 other passengers and it was a clear road at 4 in the morning not even another car like a mile in front or behind me. They coould have let me off I have no other points on my license and held a clean licsese for 9 years.

Also there is no video or photographic evidence bar a "puma" still speed contraption which was calibarated the day before the incident alegedly. I was pretty sure I wasnt doing 70mph!!!

Do you think if you put those points to the magistrate/judge on the day that they will sympathise and agree with any of them? If so then that's what you should do. If not then think about all the arguments they will use in reply to decide on whether your driving was really appropriate and what you will really say to the bench.

[herewego]

kiethton said:

Yep the Victim charge sucks - its an extra £15 added to all fines levied at court to go into the pot to compensate the victims of crime

Edited by kiethton on Wednesday 6th November 11:21

It would have to be a lot more than £15 to compensate victims of crime. It actually only finances those who provide advice and counselling to victims of crime.