Gwtting off a speeding offence
#1
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From: Between Slough and Maidenhead
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?
#4
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From: Exeter, Devon
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.
#5
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
he did, confirmed it and he then gave me a producer
#6
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From: Exeter, Devon
he did, confirmed it and he then gave me a producer
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
#7
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
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
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#8
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From: Exeter, Devon
hence why ya can appeal
Ask the guys here if you want more advice...
http://www.5ive-o.com/web/viewforum.php?f=4 (Courtesy of Doug Stirling )
#9
Originally Posted by Exeter J
Having an incorrect speedo - whether that is the truth or not, it is no defence againt the actual charge.
#10
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
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
#12
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.
#13
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
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
#14
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From: Exeter, Devon
it bollocks the idea that ognorance aint a defence too, if you never knew you was doing wrong how can you be held responsable
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 ?
#15
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
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
#16
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.....
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.....
#17
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From: Exeter, Devon
you did not know you are carrying a fire arm
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