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95 - 105 in a 60 - what can I expect? *UPDATE - NIP THROUGH*

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Old 18-05-2011 | 08:33 PM
  #81  
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Originally Posted by Davemurphy007
Thought I would give an update on this.

Managed to make it to day 13 since 'the offence' and the dreaded notice of intended prosecution has hit my doormat.

The offence in question..........

105mph in a 60mph limit

The case is going to be dealt with by a court appearance which basically means I am fucked as I'm right in the deep end of that 'worst case scenario' I'd predicted.

I've got 28 days to fill out and return the sheet asking to identify who was driving - should I be seeking out a good lawyer now or after I've sent it back? What sort of timescales am I looking at for a court date and if anyone else has any little gems of wisdom I would appreciate it about now!!!

Dont you know any smackheads who have a license there not bothered about?
Old 18-05-2011 | 08:49 PM
  #82  
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don't you know any close friends that could have been driving the car on a non UK license, they will still have a fine to pay, but no points
Old 18-05-2011 | 08:57 PM
  #83  
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They looked at my pay slips, and basically at the time took a weeks money at 465,

£400 fine
£50 court costs
£15 to some bullshit charity
Old 18-05-2011 | 08:58 PM
  #84  
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Is the car insured for more than one driver..?
Does anyone else use the car on their insurance..?
If so you need to request the photo evidence as you have no way of knowing who was driving at any given time...
The Police have to prove who it was mate.
I wouldnt roll over until you have to.
Worked for me and my brother in the past.
Seem to remember it times out in 6 months...
Reply to it in 25 days.....
String it out...
Photo.
Old 18-05-2011 | 09:04 PM
  #85  
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Originally Posted by trev1964
Is the car insured for more than one driver..?
Does anyone else use the car on their insurance..?
If so you need to request the photo evidence as you have no way of knowing who was driving at any given time...
The Police have to prove who it was mate.
Photo.
they changed the law because so many people were doing this now if you dont name the driver at the time of the offence the registered owner cops it!
Old 18-05-2011 | 09:06 PM
  #86  
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Only me and the missus on the insurance.

Absolutely no way would I ask her to take the fine/points/ban on my behalf. She drives as well and needs her licence for work so that's a non-starter as has already been explained in the first page of the thread I think.

I'm not looking to wriggle out of the charge, I've done it and I'm just going to accept it. Just looking for people to share their experiences of 'proper' speeding offences and court appearances now so I can try and figure out what sort of treatment I can expect.

Unfortunately being in the forces I'm not really on a shit wage but then I will also be punished again by the RAF for bringing them into disrepute - with the current political climate and the time I have left in that's effectively the end of my career as there's no way they'll keep me in for any longer than I currently have.
Old 18-05-2011 | 09:22 PM
  #87  
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Originally Posted by Davemurphy007
Unfortunately being in the forces I'm not really on a shit wage but then I will also be punished again by the RAF for bringing them into disrepute - with the current political climate and the time I have left in that's effectively the end of my career as there's no way they'll keep me in for any longer than I currently have.
Thats disgusting. years of loyal service and they'll still fuck you off like your expendable.
Its like being back at school.
Old 18-05-2011 | 09:31 PM
  #88  
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Can you not just say as you had the car up for sale? It could of been someone on a test drive
I know this sounds stupid but it actually worked for me once when the police did turn up.There was one or two of us pissing about on a ZZR1100 and it was on ebay at the time.Thats what I told them too.It was left at that .
Old 18-05-2011 | 09:55 PM
  #89  
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Have a look on Pepipoo
Old 18-05-2011 | 09:58 PM
  #90  
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i could sort this for you mate,ill ask my mate and pm you what he would do if your interested
Old 18-05-2011 | 10:26 PM
  #91  
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Am I right in thinking the use of Section 2 of PACE loophole has been closed
Old 19-05-2011 | 06:46 AM
  #92  
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Originally Posted by v man
that aint what they will base the fine on sorry

your going to a magistrate so they will already know what they are giving you regardless

get a good solicitor asap and hope for the best
Yet another golden nugget from the bloke who knows F**K all about these things.

It really makes me cringe when people like this and MO post.

The only thing to do is to attend court, be sincere and apologetic and hope for the best.
Old 19-05-2011 | 07:03 AM
  #93  
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Originally Posted by tiny2white
they changed the law because so many people were doing this now if you dont name the driver at the time of the offence the registered owner cops it!
If you can prove beyond all reasonable doubt you couldn't possibly name the driver, you'll be OK.

Benni
Old 19-05-2011 | 07:39 AM
  #94  
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Only way out of this now is to get someone to take this for you.. Either homeless bum or smackhead.
Old 19-05-2011 | 07:44 AM
  #95  
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Originally Posted by Benni
If you can prove beyond all reasonable doubt you couldn't possibly name the driver, you'll be OK.

Benni
How could you not name the driver if it's your car you should know who is driving.
Old 19-05-2011 | 07:49 AM
  #96  
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Over here if your a business and dont name the driver they charge you $1000.
Old 19-05-2011 | 08:48 AM
  #97  
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I'm not saying this to avoid it, because as you know, you did the crime and are quite prepared to take the punishment. However, if your promotion is imminent, there are several delaying tactics you could use so that you get the promotion BEFORE you go to court. It took 18 months for my "roundabout" incident to go to court.....

However, I am 99% sure that you will be banned.....
Old 19-05-2011 | 08:57 AM
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Originally Posted by Benni
If you can prove beyond all reasonable doubt you couldn't possibly name the driver, you'll be OK.

Benni
Failure to notify who was driving is an offence in itself and carries upto about 6 points and a 1 grand fine potentially.

Might still be better than what he will get for 105 in a 60 though!

http://www.motordefenceteam.co.uk/of...de-details.htm


Problem is, given that you have already stated publically that you DID know who was driving (yourself) if the court gets wind of that then instead of getting done for failure to notify then you will get done for perverting the course of justice and you REALLY dont want that! (punishable by up to 14 years in prison.)

Last edited by Chip; 19-05-2011 at 09:00 AM.
Old 19-05-2011 | 09:10 AM
  #99  
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Originally Posted by bookwyse
Yet another golden nugget from the bloke who knows F**K all about these things.

It really makes me cringe when people like this and MO post.

The only thing to do is to attend court, be sincere and apologetic and hope for the best.
shut up you prat

when i got caught my solicitor said they have guidlines on what they give per conviction and i was told they will already have some sort of idea whats gonna happen before i went in

this aint 40 in a 30

its over a tone in a 60 bit different and they will take that into great consideration

so think about it before you open your trap
Old 19-05-2011 | 09:50 AM
  #100  
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Originally Posted by Chip
Failure to notify who was driving is an offence in itself and carries upto about 6 points and a 1 grand fine potentially.

.)
That's why I said if you can prove beyond reasonable doubt you don't know who was driving. I've been to court on more than one occasion now for failing to provide, once here in Liverpool and once in Blackpool and walked away.

However, I have now been told to keep a diary of who drives my car and when, which of course I do.

Benni
Old 19-05-2011 | 09:59 AM
  #101  
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A diary of who drives your car and when can of course ironnically can confuse matters even more.

Lets say for example I have two people "bill" and "ben" come round to view my car that is for sale, bill is ben's friend and is a "car expert" brought along to look at the car that ben is interested in driving, not an unusual situation.
It might be that both of them want to drive the car, and as I have trade insurance with "accompanied test drive" on it I am of course happy to oblige.
I keep notes of who drives and when they do as each goes on a testdrive with me as passenger and all seems to be fine and well recorded etc.

UNTIL

Speed camera catches one of them at 12:17pm

I check my notes about who was driving.
12:10-12:15pm it is down as Ben
12:20-12:25pm it is down as Bill

In court I would have to say that despite my detailed notes on who was driving the car, due to a timing innaccuracy between my watch and the time on the speed camera, I am unable to say who was driving, as according to my paperwork from 12:15-12:20 the car wasnt being driven at all, that was when the drivers were changing over.

Last edited by Chip; 19-05-2011 at 10:00 AM.
Old 19-05-2011 | 10:13 AM
  #102  
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Originally Posted by v man
shut up you prat

when i got caught my solicitor said they have guidlines on what they give per conviction and i was told they will already have some sort of idea whats gonna happen before i went in

this aint 40 in a 30

its over a tone in a 60 bit different and they will take that into great consideration

so think about it before you open your trap
I really do think you need to engage brain before opening gob/operating keyboard.

They do not have to stick to these guidelies as it all depends on the plea of the party and the financial status etc. They are exactly what they say they are GUIDELINES!!!!!!

Also it is TON and not TONE, guidelines not guidlines and I not i. If you are unsure of how to spell what you are writing can I suggest using a spell checker.

Have a nice day.

Jeff
Old 19-05-2011 | 10:33 AM
  #103  
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Originally Posted by bookwyse
I really do think you need to engage brain before opening gob/operating keyboard.

They do not have to stick to these guidelies as it all depends on the plea of the party and the financial status etc. They are exactly what they say they are GUIDELINES!!!!!!

Also it is TON and not TONE, guidelines not guidlines and I not i. If you are unsure of how to spell what you are writing can I suggest using a spell checker.

Have a nice day.

Jeff
lol what ever hahahaha

he is getting a ban end of

and as i have already stated all ive wrote on this thread is down to personal experience

have you ever been charged with big speeding
Old 19-05-2011 | 10:35 AM
  #104  
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v man, dont think that your personal experience will automatically be relevent to others, magistrates courts are incredibally poor at parity of justice in the first place, and if you happen to come accross differently in court to how the OP would (which I suspect you might based on this thread where you come across as a bit of a wideboy jack the lad character with a bit of a mouth and the OP comes across as a disciplined and well spoken serviceman) then even in the same court you could be treated differently.
Old 19-05-2011 | 10:43 AM
  #105  
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Originally Posted by Chip
v man, dont think that your personal experience will automatically be relevent to others, magistrates courts are incredibally poor at parity of justice in the first place, and if you happen to come accross differently in court to how the OP would (which I suspect you might based on this thread where you come across as a bit of a wideboy jack the lad character with a bit of a mouth and the OP comes across as a disciplined and well spoken serviceman) then even in the same court you could be treated differently.
can understand what you are saying chip

but trust me im not lol

and i never once said that this is what happened to me so your getting the same

and i know each court is different and they are poor as you put it

i only put down what happened to me so the op could get some sort of idea what happened to me

160+ in a 70


and trust me if you was to meet me then you would change your opinion on me as you have never met me before

just dont think its worth suger coating it for the op thats all

servicman or not

repeated offence he is looking at a ban
Old 19-05-2011 | 10:48 AM
  #106  
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Wasnt making a judgement on what you are actually like in real life, was just saying how it would appear from this thread, by way of an example of how a court will make a quick decision in a few minutes (or less) too on what they think of your character.
Old 19-05-2011 | 10:52 AM
  #107  
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Originally Posted by Chip
Wasnt making a judgement on what you are actually like in real life, was just saying how it would appear from this thread, by way of an example of how a court will make a quick decision in a few minutes (or less) too on what they think of your character.
yep true but not always the case

because when i went to court i took written letters from the chief constable of bedford police station as a character ref

but made no difference lol

but not everyone is as unlucky as me lol

and ive never been in trouble with the law in anyway what so ever before

anyway lets not make this thread about my miss fortune ah

Last edited by v man; 19-05-2011 at 10:53 AM.
Old 19-05-2011 | 11:19 AM
  #108  
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Originally Posted by Chip
A diary of who drives your car and when can of course ironnically can confuse matters even more.

Lets say for example I have two people "bill" and "ben" come round to view my car that is for sale, bill is ben's friend and is a "car expert" brought along to look at the car that ben is interested in driving, not an unusual situation.
It might be that both of them want to drive the car, and as I have trade insurance with "accompanied test drive" on it I am of course happy to oblige.
I keep notes of who drives and when they do as each goes on a testdrive with me as passenger and all seems to be fine and well recorded etc.

UNTIL

Speed camera catches one of them at 12:17pm

I check my notes about who was driving.
12:10-12:15pm it is down as Ben
12:20-12:25pm it is down as Bill

In court I would have to say that despite my detailed notes on who was driving the car, due to a timing innaccuracy between my watch and the time on the speed camera, I am unable to say who was driving, as according to my paperwork from 12:15-12:20 the car wasnt being driven at all, that was when the drivers were changing over.
Where is the problem? You haven't failed to provide - it is then up to them to prove who was driving from the photographic evidence....

If it was a forward facing camera, then they may decide to proceed based on how good the photo was.

Should the camera be from behind and unable to identify the driver, then they would probably drop the case. We have had this on two seperate occasions with company vehicles, when presented with this evidence and it has been dropped.....
Old 19-05-2011 | 11:29 AM
  #109  
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Originally Posted by Mike Rainbird
Where is the problem?
From a getting a prosecution point of view the problem is that you have done everything they have asked, and yet they still have nothing to go on unless they get lucky on the pictures

From a being the person who owns the car point of view, no problem at all


You haven't failed to provide - it is then up to them to prove who was driving from the photographic evidence....

If it was a forward facing camera, then they may decide to proceed based on how good the photo was.

Should the camera be from behind and unable to identify the driver, then they would probably drop the case. We have had this on two seperate occasions with company vehicles, when presented with this evidence and it has been dropped.....
Indeed, Ive had similar dropped as well as unfortunately even with my upmost co-operation me and the cps/police were unable to uniquely identify the driver so unfortunately they got away with it

Old 19-05-2011 | 11:38 AM
  #110  
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Originally Posted by Chip
From a getting a prosecution point of view the problem is that you have done everything they have asked, and yet they still have nothing to go on unless they get lucky on the pictures

From a being the person who owns the car point of view, no problem at all




Indeed, Ive had similar dropped as well as unfortunately even with my upmost co-operation me and the cps/police were unable to uniquely identify the driver so unfortunately they got away with it

Unfortunately I doubt he could use this tactic, as it WILL be a forward facing camera, and his other half would have to be fuck-ugly to be mistaken for a man LOL.
Old 19-05-2011 | 11:41 AM
  #111  
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Originally Posted by saphcosmike
You'll still have to send it back.

You'll have to plead guilty and you'll be asked when you appear at court what your plea is again.

It's very important you don't change your plea.

Just go along with it, take it on the chin be honest and apologetic....

Dress smart and hope for a good judge.

Good luck it'll not be as bad as what you think
Exactly what he said mate, just hope you get a good judge. I was caught 7 years ago doing 110+mph down the M25 without a seatbelt on and a damp road surface and received a 21 day ban and £210 fine. I had previous sp30's which were not even mentioned (the clerks own words were that i had no previous convictions or offences). I played the card that it would affect my job to a degree and pretty much put me out of work which was 99.9% true lol. Just hold your hands up and see what happens. My personal opinion is a ban but not more than a year!

Good luck pal and i will keep an eye on your situation

Last edited by saffsta; 19-05-2011 at 01:39 PM.
Old 19-05-2011 | 11:47 AM
  #112  
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Originally Posted by v man
lol what ever hahahaha

he is getting a ban end of

and as i have already stated all ive wrote on this thread is down to personal experience

have you ever been charged with big speeding
.

Nope never been done for big speeding but even if I had it wouldnt make the expert that you seem to think you are.

More to the point I certainly wouldnt be acting the big man and generally being a cock to everyone that says something you dont like.

I agree that it is likely to be a ban of a some sort but the best thing the OP can do is seek PROPER legal advise and not rely on second hand from people who may or may not know what they are saying
Old 19-05-2011 | 12:03 PM
  #113  
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Originally Posted by bookwyse
.

Nope never been done for big speeding but even if I had it wouldnt make the expert that you seem to think you are.

More to the point I certainly wouldnt be acting the big man and generally being a cock to everyone that says something you dont like.

I agree that it is likely to be a ban of a some sort but the best thing the OP can do is seek PROPER legal advise and not rely on second hand from people who may or may not know what they are saying
as in it clearly stated in my rply that your self have quoted on

what ever i have posted is down to personal experience
and not once have i said iam an expert

and as for being a cock you where the one to start the negative comments toward me
dont get me wrong if i think your a bellend for that then i will tell you

and i have on more than one occasion and you can feel free to check,
have told the op to get good legal help and advise

so i dont really get where your comming from

and i asked if you have ever been charged with big speeding to see what your personl experience was in court as it may have helped the op if you had

Last edited by v man; 19-05-2011 at 12:05 PM.
Old 19-05-2011 | 01:31 PM
  #114  
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If the magistrates court is when I bloke decides how much he's goingto fuck you over for, then they will have already made up thei minds before you arrive.
Old 19-05-2011 | 01:33 PM
  #115  
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Originally Posted by dojj
If the magistrates court is when I bloke decides how much he's goingto fuck you over for, then they will have already made up thei minds before you arrive.
i tryed to say the same dojj

but i got shot down for it
Old 19-05-2011 | 02:19 PM
  #116  
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bloke rear ended me years ago and even though i prooved that it was his fault beyond a shadow of a doubt, the judge still said it was my fault for doing 40 mph in a 50 zone even when he admited he was slowing down because there was a speed camera ahead AND that he's seen me through 50 feet of conctret as he went under the underpass

have your say in a proper court, the other types are just glorified monekys who like to dish out tough fines to your average joe and let off proper crims with £1 a week payments
Old 19-05-2011 | 03:06 PM
  #117  
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Originally Posted by Davemurphy007
Only me and the missus on the insurance.

Absolutely no way would I ask her to take the fine/points/ban on my behalf. She drives as well and needs her licence for work so that's a non-starter as has already been explained in the first page of the thread I think.

I'm not looking to wriggle out of the charge, I've done it and I'm just going to accept it. Just looking for people to share their experiences of 'proper' speeding offences and court appearances now so I can try and figure out what sort of treatment I can expect.

Unfortunately being in the forces I'm not really on a shit wage but then I will also be punished again by the RAF for bringing them into disrepute - with the current political climate and the time I have left in that's effectively the end of my career as there's no way they'll keep me in for any longer than I currently have.
Blimey, for a PF'er that is a very commendable attitude fella. I assume that you are obliged to inform your employers about a potential ban?

If it were me, I would present myself at court, plead guilty but then use mitigation. How is your service record, if exemplary then use it to your advantage. If a ban will genuinely affect your employment or future promotion prospects, then tell the magistrates.

Personally, I wouldn't bother with a solicitor as most are useless and you will have to pay for their expert advice. Good luck with it though mate.
Old 19-05-2011 | 04:51 PM
  #118  
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I would be very surprised if the Police have a photograph of the offence as proof that will identify the driver.
105 mph.... Gonna be a blur if you ask me..!
I would be asking for the photo as I can't remember if it was me or the wife using the car that day.
Get a copy of the photo and take it from there.
Old 19-05-2011 | 06:25 PM
  #119  
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Personally, I would take the points and fine for being unable to provide details of the driver, much better than a ban IMHO....
Old 20-05-2011 | 04:54 AM
  #120  
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Cossy Mike
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Joined: Aug 2007
Posts: 4,135
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From: Tyne and Wear
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Originally Posted by jameswrx
Just out of interest for you guys that have been banned..

When you got your license back how did if effect your insurance? I presume 5 years of bum rape from the ins companies? But how much does it go uo, say you're paying £800 does it double, do some ins companies refuse to insure you?
I received 7 day ban. If it's less than 28 days the court do it there and then, if it's longer it goes back to DVLA.

My insurance went up £100 PA as the insurance companies only recognised bans minimum of 28 days.

It stayed on my licence for 4 years but I had to declare it to insurance companies for 5

I paid the punishment in insurance premiums for the 4 years after my fine!


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