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      02-12-2013, 11:09 AM   #1
chris330D
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How bad is this?

As some of you know, I am not having a good time of things ATM and things just got better today. Was out heading home from work as daughter does notlike being at home alone since her mum died last month. Dry quiet roads and I put my foot down. Had noticed a Golf following but was a fair way back and only one person in it. it was only as I pulled off the dual carriageway that he put on the blue lights. Pulled over and was asked into his car. he says he has it all on video and that I was doing 80 in a 40. Took a photo of my driving licence and said because I was going so fast it will go to court. Not charged or anything, seemed strange. Is that me f***ed then? never been done before or had a ticket for anything.
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      02-12-2013, 11:11 AM   #2
Raja Ventureshield
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can they use a video that was recorded without your permission in court of law? I am just asking not sure of law of your land. Also, really sorry to hear that you got pull up.
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      02-12-2013, 11:14 AM   #3
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Unfortunately if they have it on video you're screwed. As long as you were cautioned then it will go to summons.

You should escape a ban but I'd be expecting 6 points and a means-tested fine.
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      02-12-2013, 11:17 AM   #4
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It had a video mounted in the dash, very neat but he cautioned first when I sat in the car. Is it points or does this lose my licence?
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      02-12-2013, 11:18 AM   #5
chris330D
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Quote:
Originally Posted by Raja Ventureshield View Post
can they use a video that was recorded without your permission in court of law? I am just asking not sure of law of your land. Also, really sorry to hear that you got pull up.
Absolutely
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      02-12-2013, 11:21 AM   #6
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Ahh bro. Thats sucks!!!

http://www.thisishullandeastriding.c...#axzz2KhcJqtG1
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      02-12-2013, 11:26 AM   #7
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Quote:
Originally Posted by chris330D View Post
It had a video mounted in the dash, very neat but he cautioned first when I sat in the car. Is it points or does this lose my licence?
I'd reckon on 6 points as I said earlier - you'd be extremely unlucky for it to be a ban.
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      02-12-2013, 11:34 AM   #8
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Quote:
Originally Posted by xenon View Post
I'd reckon on 6 points as I said earlier - you'd be extremely unlucky for it to be a ban.
40 mph over the limit will certainly mean a ban is considered. I thought that was the case for anything 30 mph over the limit.

I think you should get yourself a brief pretty quick. I would have thought that given your circumstances and a bit of contrition the brief could ensure you don't get a ban.

I don't know if it is still the case but a while ago something like this would get you banned for about 2 weeks, but all existing points on the licence would be gone once you got the licence back. If that's still the case and you can manage for a couple of weeks without the car it could be worth considering accepting the temporary inconvenince. However it might be worse for your insurance premium if you have been banned.
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      02-12-2013, 11:37 AM   #9
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Yes looking on pepipoo it does suggest that 80 in a 40 is outside the guidelines for points and a ban could be considered.

Agree with Sir P about representation but you can't realistically do anything until the summons arrives.
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      02-12-2013, 12:09 PM   #10
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Were you reported for any offences during the process of being sat with the officer?
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      02-12-2013, 12:17 PM   #11
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Originally Posted by jimbo666 View Post
Were you reported for any offences during the process of being sat with the officer?
No, he only said how fast he thought I had been going and how far over the speed limit it was and therefore he couldnt give me aticket but I would get a summons.
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      02-12-2013, 12:25 PM   #12
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If he did not report you or NIP you, I doubt anything will happen. Even if it does, I would suggest he has not followed process. It's all well and good Cautioning you when you get in the car, but you should have been reported/NIP'd and Cautioned at the end of the process.

This is all unless you get NIP'd within 14days of the incident via the post.
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      02-12-2013, 12:42 PM   #13
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http://www.roadsupervisors.net/aesf.your-rights.htm
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      02-12-2013, 01:04 PM   #14
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I wouldn't take all of that advice on that link on board. I would strongly suggest you seek proper legal advice.
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      02-12-2013, 02:01 PM   #15
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Quote:
Originally Posted by lemonukas
http://www.roadsupervisors.net/aesf.your-rights.htm
I'm not saying to take this advise. Because always better to take advice from solicitor. It's only to remember some tips where you can use it next time if any of us will be pull over by police.
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      02-12-2013, 03:17 PM   #16
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Quote:
Originally Posted by lemonukas
Quote:
Originally Posted by lemonukas
http://www.roadsupervisors.net/aesf.your-rights.htm
I'm not saying to take this advise. Because always better to take advice from solicitor. It's only to remember some tips where you can use it next time if any of us will be pull over by police.
Advice from a solicitor is the best course of action.
Please do not rely on anything on this link as its either out of date or just plainly incorrect.
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      02-12-2013, 04:22 PM   #17
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Think it may be best to seek professional advise link to the guide lines:
http://www.speed-trap.co.uk/Accused_...eedVSFines.htm
80 in a 40 and you could be facing a ban so good solicitor pleading your case may help. Summons can take up to 6 months to arrive so afraid it's a long stressful wait good luck and hope thinks turn round soon for you
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      02-12-2013, 04:44 PM   #18
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80 in a 40 won't look good in court. My advice is be honest, don't make up stories that can be disproven and make you look silly. If you had a genuine reason for the speed then for certain use it but if no reason just hold your hands up and seem very remorseful. Unfortately being late for something is not an excuse as they just consider that you should have left earlier and remember had you had an accident and killed someone at that speed you would be behind bars for death by reckless driving which is definitely the last thing your kids need.

Not wanting to sound high and mightly and hope it just comes across as realistic.
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      02-12-2013, 06:44 PM   #19
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Good legal representation and plead your case for needing to keep your licence. I think you will need your car for yourself, your job and your kids. I'm sure they take your circumstances into consideration. But someone should advise you on this
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      02-12-2013, 08:55 PM   #20
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Did he really say "how fast he THOUGHT you were going".? It's scandalous in this day and age if you can be done on the opinion of an officer as to your speed since police officers aren't any better than the average person, at judging actual speeds. (No amount of training can give you a speedometer in your head).

The video equipment, if used properly should have a read-out of your speed and the cop car's speed but I have seen in the past that the cop car's speed is used in prosecution - wrong, as he is obviously going faster than you are, in order to catch you up.

For these reasons, seek legal advice.

It's odd that you didn't get any paperwork at the time, could it have been a wind-up to make you more careful in the future?
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      02-13-2013, 03:12 AM   #21
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Quote:
Originally Posted by AlanQS View Post
It's odd that you didn't get any paperwork at the time, could it have been a wind-up to make you more careful in the future?
I did think this,as from my past 'pulls',I've always received a producer to go to the local station to produce all the relevant paperwork -Driving licence,insurance docs etc.

I guess in these days the Bib can do all that before stopping you.

Chris,not what you need at this tough time,unfortunateley, and based on my own experience,when you're already down,the kicks tend to keep coming,chin up Fella

In between now and that thud on the door mat arriving (hope this doesn't happen),it will be a good idea to put together some sound mitigating circumstances as to why you were allegedly going the speed accused,and as to why hanging onto your license is of the most utmost importance.

Your current sad personal circumstances, and the reason you posted (daughter not wanting to be on her own),should be cited.

I got done on the M3 many moons ago (104mph),at court in Basingstoke,a Headteacher and I were up for similar speeds.
H/teacher was represented by a cocky brief,he got a ban/fine,on the other hand, I rocked up as 'Billy no mates',ate some humble pie and got rewarded with 5pts/fine,but no ban.
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      02-13-2013, 04:35 AM   #22
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Humble pie is my fav kind of pie. Best of luck Chris.
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