General Car Related Discussion. To discuss anything that is related to cars and automotive technology that doesnt naturally fit into another forum catagory.

Gwtting off a speeding offence

Thread Tools
 
Search this Thread
 
Old 25-11-2004 | 04:05 PM
  #1  
Sunil_FiestaRS1800's Avatar
Sunil_FiestaRS1800
Thread Starter
Advanced PassionFord User
iTrader: (1)
 
Joined: Oct 2003
Posts: 2,260
Likes: 0
From: Between Slough and Maidenhead
Default Gwtting off a speeding offence

Can you get away with being caught by a speed camera if your speedo was under reading. What proof would you need? would a bit of paper from a garage confiriming it be enuff?
Old 25-11-2004 | 04:07 PM
  #2  
CabrioTurbo's Avatar
CabrioTurbo
PassionFord Post Troll
 
Joined: May 2003
Posts: 3,225
Likes: 0
From: Nr Crewe, Cheshire
Default

Doubt it mate as it your responsibility for the speedo to be working correctly...
my speedo isnt conected.. i could hardly say.. oh i didnt think i was moving ocifer
Old 25-11-2004 | 04:14 PM
  #3  
mattbibs's Avatar
mattbibs
PassionFord Post Whore!!
 
Joined: Apr 2004
Posts: 7,594
Likes: 0
From: Lincoln
Default

their speedo is accurate - afraid if you break the law you pay the fine!
Old 25-11-2004 | 05:18 PM
  #4  
Exeter J's Avatar
Exeter J
I've found that life I needed.. It's HERE!!
 
Joined: Jun 2003
Posts: 1,053
Likes: 0
From: Exeter, Devon
Default

Think you'll find that it is a 'Strict Liability' offence - I.e. there is no excuses.

Offences of strict liability are those crimes which do not require mens rea with regard to at least one or more elements of the actus reus. The defendant need not have intended or known about that circumstance or consequence. Liability is said to be strict with regard to that element.
Old 25-11-2004 | 05:23 PM
  #5  
Ginge !'s Avatar
Ginge !
just finding my feet
 
Joined: May 2003
Posts: 41,052
Likes: 2
From: Im behind you
Default

well tbh i got tugged for speediong and when i pulled over the needle stuck on the 20mph part of the clocks, i got out the car ( gently aswell ) said sorry but im on my way home as my speedo aint working, i know ya gonan think im talking bollocks but look

he did, confirmed it and he then gave me a producer
Old 25-11-2004 | 05:41 PM
  #6  
Exeter J's Avatar
Exeter J
I've found that life I needed.. It's HERE!!
 
Joined: Jun 2003
Posts: 1,053
Likes: 0
From: Exeter, Devon
Default

he did, confirmed it and he then gave me a producer
The policeman took your speedo as a mitigating circumstance and was obviously in a good mood/being human for once , so you didn't get charge with the offence in the first place. However he would have had every right to charge you even with it sticking - and then there is no defence.

As this was a speed camera, the Notice of Intent to Prosecute will be automatic, so no defence . Its a shit but it applies to everyone so its fair a suppose
Old 25-11-2004 | 05:48 PM
  #7  
Ginge !'s Avatar
Ginge !
just finding my feet
 
Joined: May 2003
Posts: 41,052
Likes: 2
From: Im behind you
Default

well think theres still a valid point if theres a genuine problem, hence why ya can appeal


oh and i was doing average sped of 63 in a 30 zone, he wasnt beiong human either, he was a coooont

but he understood i was telling the truth , ok i was lying but trust me i was kissing the car when i drove off

Trending Topics

Old 25-11-2004 | 05:56 PM
  #8  
Exeter J's Avatar
Exeter J
I've found that life I needed.. It's HERE!!
 
Joined: Jun 2003
Posts: 1,053
Likes: 0
From: Exeter, Devon
Default

hence why ya can appeal
Not against the offence itself - "you are guilty" by terms of Strict Liablity. However, you might be able to appeal to get a lighter sentence [ lower points / fine in this case] if the judge concludes there is enough mitigating circumstances. Having an incorrect speedo - whether that is the truth or not, it is no defence againt the actual charge.

Ask the guys here if you want more advice...

http://www.5ive-o.com/web/viewforum.php?f=4 (Courtesy of Doug Stirling )
Old 25-11-2004 | 06:00 PM
  #9  
Billabong's Avatar
Billabong
PassionFord Post Whore!!
 
Joined: May 2003
Posts: 9,076
Likes: 0
From: Northants
Default

Originally Posted by Exeter J
Having an incorrect speedo - whether that is the truth or not, it is no defence againt the actual charge.
..... but it may get you done under construction & use as your speedo should be working etc....
Old 25-11-2004 | 06:01 PM
  #10  
Ginge !'s Avatar
Ginge !
just finding my feet
 
Joined: May 2003
Posts: 41,052
Likes: 2
From: Im behind you
Default

then thats nothing but wankers


it bollocks the idea that ognorance aint a defence too, if you never knew you was doing wrong how can you be held responsable


ive never understood that, its well fucked up, why did that ever come about



how can ya get punished for doing somthing that you feel is perfectly ok, wouldnt informing someone then when they dont do it again you have solved the problem, punishing dont help in that situation as its unavoidable
Old 25-11-2004 | 06:05 PM
  #11  
Exeter J's Avatar
Exeter J
I've found that life I needed.. It's HERE!!
 
Joined: Jun 2003
Posts: 1,053
Likes: 0
From: Exeter, Devon
Default

..... but it may get you done under construction & use as your speedo should be working etc....
Yeah - didn't think of that either
Old 25-11-2004 | 06:05 PM
  #12  
Billabong's Avatar
Billabong
PassionFord Post Whore!!
 
Joined: May 2003
Posts: 9,076
Likes: 0
From: Northants
Default

But bal, it's YOUR responsibility to ensure your vehicle is working correctly etc.. and if you aren't aware that you're speeding and your equipment isn't faulty, then they'll likely try to do your for undue care & attention... they've got most angles covered.
Old 25-11-2004 | 06:09 PM
  #13  
Ginge !'s Avatar
Ginge !
just finding my feet
 
Joined: May 2003
Posts: 41,052
Likes: 2
From: Im behind you
Default

aint that the same as getting a parking ticket whenh ya broken down though


you are not actually parked, you are stationary due to mean you could not avoid




i got off, i just thought it should be the case of if it happend to stop working then you are not commiting an offence as you have done all you can in your power to solve the situation
Old 25-11-2004 | 06:10 PM
  #14  
Exeter J's Avatar
Exeter J
I've found that life I needed.. It's HERE!!
 
Joined: Jun 2003
Posts: 1,053
Likes: 0
From: Exeter, Devon
Default

it bollocks the idea that ognorance aint a defence too, if you never knew you was doing wrong how can you be held responsable
Think about it in wider terms though - If you murdered someone, then said I was never told that was wrong - then does it make it ok ? Ok if the person is mentally unstable and are physically incapable of knowing right from wrong then they are still guilty of the crime but would have mitigating circumstances at sentencing (they would actually plead for man-slaughter, as murder carries a guaranteed life sentence - where man-slaughter mitigation can be taken into account).

Anyway why should someone who has been educated about right and wrong and knows what right on the road be punished more than someone who hasn't bothered to learn or be told ?
Old 25-11-2004 | 06:15 PM
  #15  
Ginge !'s Avatar
Ginge !
just finding my feet
 
Joined: May 2003
Posts: 41,052
Likes: 2
From: Im behind you
Default

no not hasnt bothered


example, you buy a airgun from a shop, you carry it home, get caught on the way, they find you walking with a air gun in the street, get arrested under the firearms act


you did not know you are carrying a fire arm and the guy in the shop never sold it in a box, he never locked the trigger with a secrure lock for transportation



are you commiting an offence, or are you doing nothing wrong and now have learnt, you could then go home and knwo and never commit the crime again


do ya see where im comming from


think its all bollocks tbh


or what about possesion of a knife, when you buy one from a shop ( not a illegal knife but a kitchen knife) get tugged on the way home are you commiting an offence then
Old 25-11-2004 | 06:15 PM
  #16  
Billabong's Avatar
Billabong
PassionFord Post Whore!!
 
Joined: May 2003
Posts: 9,076
Likes: 0
From: Northants
Default

The law is probably different on those two points though, as said above there is NO defense for speeding, only mitigating circumstances - which let's face it, are usually just excuses to try and get away with it..... (as far as the courts are concerned).

At the end of the day, if expert evidence did show your speedo was mis-calibrated and there was no way of knowing this beforehand, then you just have to submit that as your mitigating circumstances, proof that you've rectified the fault also would be a good idea , and put yourself at the mercy of the magistrates.....

....but I ain't a law expert.....
Old 25-11-2004 | 06:22 PM
  #17  
Exeter J's Avatar
Exeter J
I've found that life I needed.. It's HERE!!
 
Joined: Jun 2003
Posts: 1,053
Likes: 0
From: Exeter, Devon
Default

you did not know you are carrying a fire arm
Whether an airgun is classed as a firearm is a picky subject and wider than this discussion - but for the sake of this say it is, then it doesn't matter, you are still carrying it - how do you prove that you do not mean to do any harm with it?
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
mark94
Ford Mondeo Including ST
5
10-10-2023 06:52 PM
Becka674
Ford Sierra/Sapphire/RS500 Cosworth
11
08-10-2015 03:11 PM
Chas
Ford Escort RS Turbo
14
05-10-2015 07:13 PM
dalmarshall
Ford Classics & Vintage
2
01-10-2015 06:46 PM



Quick Reply: Gwtting off a speeding offence



All times are GMT. The time now is 07:22 AM.