Discussion
Hi,
Am looking for some advice on a speeding incident in January,I was caught doing 104mph on a 70mph (I know total stupidity!) I have a few query about it, I have just received a situation through for court! Today (20/10/18) Should I have received this sooner ?, Is it not that they need to make contact within 6 months? Also I was caught on a motorway with the police using a speed gun (speed gun unipar SL700) when traveling within their car, Is that allowed ? Also there are no bridges of police lay-bys in the stretch of road which leads me to believe they where either traviling while using the speed gun or sitting on a on slip road(hard shoulder!) Am I right in saying that this is for emergencies only ? Any clarification or pointed in the right direction would be much appreciated.
Thanks in advance.
James
Am looking for some advice on a speeding incident in January,I was caught doing 104mph on a 70mph (I know total stupidity!) I have a few query about it, I have just received a situation through for court! Today (20/10/18) Should I have received this sooner ?, Is it not that they need to make contact within 6 months? Also I was caught on a motorway with the police using a speed gun (speed gun unipar SL700) when traveling within their car, Is that allowed ? Also there are no bridges of police lay-bys in the stretch of road which leads me to believe they where either traviling while using the speed gun or sitting on a on slip road(hard shoulder!) Am I right in saying that this is for emergencies only ? Any clarification or pointed in the right direction would be much appreciated.
Thanks in advance.
James
Edited by J15myd on Saturday 20th October 19:09
As I understand it your case will be thrown out of court.
Just phone someone like this (plenty of them)
https://www.roadtraffic.com/road-traffic-lawyers/?...
Just phone someone like this (plenty of them)
https://www.roadtraffic.com/road-traffic-lawyers/?...
I think it depends on exactly what you've been charged with. If it's a criminal charge (such as dangerous driving), then I believe there are no time limits - certainly up to a year from a caution. But that suggests more than just a speed gun reading as evidence. I would get some independent and professional legal advice.
J15myd said:
Hi,
I was caught doing 104mph on a 70mph (I know total stupidity!)
I was caught doing 104mph on a 70mph (I know total stupidity!)
J15myd said:
Yaeh to put you in the picture, I was traveling to the hospital as my wife was admitted with complications with our new born baby!
So why was it “total stupidity” then?Also irrelevant in the eyes of the law.
IANAL but it would appear to be time barred. Unlike in England where information only has to be laid with the court within 6 months giving rise to occasions where a summons can arrive after 6 months, Scots law makes it clear that proceedings commence when you are cited (rather than when the information was laid).
Be aware however that in Scots law you can't challenge the competency of the charge after you have entered a plea, so do not respond via letter entering a plea.
Take legal advice. I have contacted https://www.theroadtrafficlawyer.com in Glasgow on a few occasions over the years by phone and email and they have always been very helpful and quick to respond.
https://www.legislation.gov.uk/ukpga/1995/46/secti...
https://www.legislation.gov.uk/ukpga/1995/46/secti... (Sect 4 & 5)
Be aware however that in Scots law you can't challenge the competency of the charge after you have entered a plea, so do not respond via letter entering a plea.
Take legal advice. I have contacted https://www.theroadtrafficlawyer.com in Glasgow on a few occasions over the years by phone and email and they have always been very helpful and quick to respond.
https://www.legislation.gov.uk/ukpga/1995/46/secti...
https://www.legislation.gov.uk/ukpga/1995/46/secti... (Sect 4 & 5)
Edited by Laplace on Sunday 21st October 16:20
as Laplace suggested contact Micheal Lyons www.theroadtrafficlawyer.com
very competent, very professional outfit. and know as their site suggests the law inside out in relation to driving matters.
very competent, very professional outfit. and know as their site suggests the law inside out in relation to driving matters.
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