Advice on serious speeding offence

Advice on serious speeding offence

Author
Discussion

tallchris99

Original Poster:

216 posts

272 months

Wednesday 20th March 2002
quotequote all
I have been caught riding my work owned bike ( a Honda Pan Euro) at excess speed. I was caught via a laser gun travelling at 79.1 mph in a 30 mph zone in the Croydon area. I have 6 points at the moment for sp30 caught by gatso's and am a bit scared at what might happen next. Croydon magistrates are a bit conservative. I am a motorcycle chauffeur and need my licence for my job. I am also a member of the Institute of Advanced Motorists and need to stay a member to keep my job.

It was two traffic cops in a car who caught me, I did not see them and they did not caution me. How long do they have to send a summons? Does anyone think I will be chaged with deangerous driving?

Any advice gratefully recieved...

TC

mondeoman

11,430 posts

273 months

Wednesday 20th March 2002
quotequote all
Your screwed! Sorry, but thats my opinion.

plotloss

67,280 posts

277 months

Wednesday 20th March 2002
quotequote all
How long ago was this?

Did they issue a NIP or Court thing at the scene?

Matt.

>> Edited by plotloss on Wednesday 20th March 16:46

tallchris99

Original Poster:

216 posts

272 months

Wednesday 20th March 2002
quotequote all
Yeah I guessed that! But how screwed? ban? Fine? Prison?

tallchris99

Original Poster:

216 posts

272 months

Wednesday 20th March 2002
quotequote all
I did not get issued with anything at the scene apart from a hort 1. No caution or anything like that.It happened last thursday.

>> Edited by tallchris99 on Wednesday 20th March 16:48

Imelda

793 posts

273 months

Wednesday 20th March 2002
quotequote all
80 mph in a 30 zone

I'm no legal beagal but that sounds pretty serious to me. I'd be surprised if Croydon magistrates treated this one leniently.

VTECDave

2,005 posts

288 months

Wednesday 20th March 2002
quotequote all
Er, you'd better explain a good reason for 79.1 in a 30 to everybody me thinks

tallchris99

Original Poster:

216 posts

272 months

Wednesday 20th March 2002
quotequote all
I have no good reason at all! It is a wide downward hill and has a golf course running down one side and I knew it was wrong and did it anyway...

It seems there is litle precedent for this type of offence. I am just trying to get an idea of the likely peanaltys.

plotloss

67,280 posts

277 months

Wednesday 20th March 2002
quotequote all
Just as a guess from reading old threads, as I have NO legal training at all.

I would be almost convinced that your license is going to go but unsure for how long, no idea on the fine and would suggest that jail would be a draconian measure.

MAtt.

craigw

12,248 posts

289 months

Wednesday 20th March 2002
quotequote all
Have a look at www.caughtspeeding.co.uk/ They give free advice & were very helpful to me. I know what you did was wrong but hey we've all done bad things. Best of luck.

ajoy.chundee

3 posts

272 months

Wednesday 20th March 2002
quotequote all
From mine and a friend's experience, they won't ban u. They'll just fine you hugely.....It's not in their interests to make unemployment levels increase by getting you the sack, is it???

Ajoy.

tallchris99

Original Poster:

216 posts

272 months

Wednesday 20th March 2002
quotequote all
Ahjoy, you have kindled the small flickering flame of hope in my breast! I am still going to buy a cycle though...

Don

28,377 posts

291 months

Wednesday 20th March 2002
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Chris. Did you need to tell the IAM about any of your previous points? You could (I presume) neglect to mention any of this when renewing your membership.

I'm afraid if they find out you'll probably be screwed on that front too.

Sorry to be grim. Hope this works out OK in the end.

tallchris99

Original Poster:

216 posts

272 months

Wednesday 20th March 2002
quotequote all
I did tell them about the points and got told off in a gentle "you could do better " manner. They will want me to resign but I might just do it before I am convicted so won't have to tell them anything and will reapply to join at a later date.

shnozz

28,008 posts

278 months

Wednesday 20th March 2002
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first thing to do is make it VERY well known you will lose your job if you lose your licence. Say that you arent trained in anything else etc and that you have family/mortgage/loan repayments/expensive drugs habit etc, whatever but that banning you will ruin your life. then beg for forgiveness.

Being realistic - you are facing a huge uphill task

tallchris99

Original Poster:

216 posts

272 months

Wednesday 20th March 2002
quotequote all
I don't want to irritate the beak by trying to wriggle out of it. I will grovel and cry etc but will mention in mitigation that I drive for a living and will be sacked if banned. the truth is that our fleet insureres will have puppies if/when I tell them. I am likely to get myself off their insurance once I recieve a NIP. I don't want to make the underwriter nervous you know?

I know this is an uphill task, I could try to join the masons I suppose...

nonegreen

7,803 posts

277 months

Wednesday 20th March 2002
quotequote all
If you were not stopped, then presumably they have photographic evidence. I would wait and see what notification you get. If this was a manned laser camera then it takes pictures from the front. Therfore on a bike you are immune in this case because you have no front facing ID. I strongly suggest you have a look at the ABD website and the right to silence campaign. In addition give no more detail about the time and location here. You could also consider the who was driving question?

Bare in mind I aproach these things from the stance that get off at all costs is the priority and the real criminals are the ones who instructed plod to go stand there with a laser gun.

Good luck

Deadly Dog

281 posts

274 months

Wednesday 20th March 2002
quotequote all
Oops. A good solicitor may help soften the blow and it is probably wise to appoint one should you go to court. It may be possible to challenge the prosecution on certain technicalities.

Points that spring to mind which you may wish to discuss with your legal team include:

- the serial number, calibration and maintenance history of the speed detection device

- the training records of the device operators

- the documented evidence that the speed trap was set up and operated in compliance with Type Approval conditions (re the Dwight Yorke case)

- the clarity and visibility of the speed limit signs approaching the trap at the time of the alleged offence (re the Crown vs Alan Howe, Ipswich Crown Court, Nov 2000)

- the documented evidence of the calculations for cosine error and minimum distance for allowable speed reading (e.g. if device was used from a bridge)

- due consideration for any other potential interferences that can upset a laser reading e.g. mirages on road, sunlight reflections, sweep error etc.

Just my $0:02 worth.

Good luck.

relaxitscool

368 posts

273 months

Thursday 21st March 2002
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Most of the replies seem quite sensible. I assume it was a pro laser gun that you were caught with, then they stopped you and pointed out the offence.

If that’s the case they don't need to caution you or give an NIP. By saying you're going to court, I also assume that you were reported on summons rather than given an endorsable fixed penalty ticket.

Rather than trying to get off, I'd be looking at mitigating circumstances. To plead not guilty on the basis that equipment was not calibrated, and then get found guilty will only compound your situation.
Concentrate on ways of keeping your licence and paying the fine, as mentioned in other posts.

In my opinion, I think you’ll get 6 points (making 12) get a huge fine and be allowed to carry on riding. This happens quite a lot with people who are required to drive as part of their employment such as taxi drivers. Above all, get a good solicitor.

XPLOD

53 posts

273 months

Thursday 21st March 2002
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I think you'll get 6 points, and a fine, which should in theory lead to an automatic 6 months disqualification. All advice thus far holds good in terms of guilty plea, good solicitor and all the mitigation. To avod a ban under totting up, there have to be what are known as "exceptional circumstances." From what you've said, there don't appear to be any. They tend to be lenient by giving you the points but not banning you if say you were caught just over the limit, and you need your licence for work etc.. At nearly 80 in a 30, I think that is wishful thinking. A good solicitor may get the ban shortened, but I can't see the three wise monkeys not banning you. Sorry. I'll keep my fingers crossed!