43 replies to this topic

[Ethel]

It sounds like it's going to court anyway, you risk more costs being awarded against you, and a bigger penalty of course, if you plead not guilty but are still done.

http://www.northants...0Guidelines.pdf, think it covers speeding offences, if not have a Google.

You could always right back & say you have no recollection and are unable to enter a plea without evidence. You are right that there will regulations on signage, but it could be hard to build a defence without some hard evidence. The reference courts use is Wilkinson's Road Traffic Offences - check out your library, citizens advice or find a solicitor who will offer a fixed fee consultation.



....from Reffle's link, I'd say it's not been dealt with by fixed penalty because a driving ban is a possibility.

[M J W J]

Could be looking at a ban for how much that is over the speed limit.

75 is over the statuary speed limit on a motorway anyway. He was speeding anyway you look at it so should be expecting a fine, none visible signs or not. It was an average speed of 75 as well so at some point he was doing more. The whole 10% + X amount is only a guideline incase of inaccurate speedo ect. Not an excuse to speed. They can prosecute you anything over the speed limit. My dad was done for 31 in a 30 zone in stafford. There is 0 tolerance in staffordshire so was little point in contesting it at court for my dad. It was just going to get him a heavier fine.

Take it like a man and expect to be screwed over. You will probably find that he gets a lower penalty if he just owns up instead of taking it to court due to not incurring court fees and wasting their time.

Talk to them about his financial circumstances but I wouldn't bother taking it to court.

[puggered]

My wife got done doing 70 in a 50 MPH speed limit and got 5 points and £160 fine.

Was that on motorway roadworks or just a normal road? And did she go to court or I guess they just told her that is what she was having?

It was motorway roadworks, she got caught by a mobile unit. She pleaded guilty by letter to the court rather than wasting a days holiday from work and loose more money

[Jordie]

the unlit signs wont make much difference imho,

theres plenty of road and motorway signs that are unlit, so if you see them, why wouldnt you see the 50mph ones.

and he was still over the 70mph limit in any case.

just my 2 pennies....

[MrBounce]

That wasn't what I was saying. No-one will intentionally go out to lose their licence. All I was trying to explain was it is usually down to people not noticing, rather than the signs not being visible.

[Ryang556]

Could be looking at a ban for how much that is over the speed limit.

75 is over the statuary speed limit on a motorway anyway. He was speeding anyway you look at it so should be expecting a fine, none visible signs or not. It was an average speed of 75 as well so at some point he was doing more. The whole 10% + X amount is only a guideline incase of inaccurate speedo ect. Not an excuse to speed. They can prosecute you anything over the speed limit. My dad was done for 31 in a 30 zone in stafford. There is 0 tolerance in staffordshire so was little point in contesting it at court for my dad. It was just going to get him a heavier fine.

Take it like a man and expect to be screwed over. You will probably find that he gets a lower penalty if he just owns up instead of taking it to court due to not incurring court fees and wasting their time.

Talk to them about his financial circumstances but I wouldn't bother taking it to court.

So you think contacting the court and explaining but not wasting their time is a better option?

[Ryang556]

That wasn't what I was saying. No-one will intentionally go out to lose their licence. All I was trying to explain was it is usually down to people not noticing, rather than the signs not being visible.

Exactly, I'd understand more if say there was a lane closed etc, but it was a fully open motorway with a couple of cones here and there

[Ryang556]

the unlit signs wont make much difference imho,

theres plenty of road and motorway signs that are unlit, so if you see them, why wouldnt you see the 50mph ones.

and he was still over the 70mph limit in any case.

just my 2 pennies....

I know that's what I've been thinking, would look a lot better if the speed was 70 not 76, but surely his speedo could be that 6mph out and he thought he was doing 70 in a 70?

[Jordie]

speedo's usually over read in my experience.

we have a ex police speed camera van which is used to promote "brake" the road safety campigns. the speedo in that van was correctly calibrated by a company, because it would look super stupid for a camera van to get caught speeding wouldnt it.

[puggered]

pleading guilty usually results in a lesser punishment

[Ryang556]

pleading guilty usually results in a lesser punishment

Probably best to do that then I suppose

[Ryang556]

speedo's usually over read in my experience.

we have a ex police speed camera van which is used to promote "brake" the road safety campigns. the speedo in that van was correctly calibrated by a company, because it would look super stupid for a camera van to get caught speeding wouldnt it.

In my experience they always seem to under-read

[puggered]

I would say so in my personal opinion. I have knows guys in my work (Transport related) to contest a speeding fine and they usually end up getting humped by the courts

[Ryang556]

I would say so in my personal opinion. I have knows guys in my work (Transport related) to contest a speeding fine and they usually end up getting humped by the courts

What do you think the chances are to losing his licence then, practically 100%?

Edited by Ryang556, 31 March 2012 - 01:51 PM.

[puggered]

I would say so in my personal opinion. I have knows guys in my work (Transport related) to contest a speeding fine and they usually end up getting humped by the courts

What do you think the chances are to losing his licence then, practically 100%?

It all depends on the factors i.e Age, road/ weather conditions etc. At the end of the day he is sadly guilty so contesting it would only take up more of the courts time and usually this gets their backs up. If its his first time offensive then he should be ok. Pleading guilty will make the decision much easier for the court and also the court will see that he is aware of his offensive so hopefully this will be enough for him to obey the speed limits especially in roadwork. Lots of ganger's are killed each year while working on road surfacing etc so he will need to remember this when making his plea. Sadly ignorance is not tolerated by the courts so its best to man up and plead guilty as he definitely won't get off with it whatever he pleads.