Advice requested please :-(

Business, employment and matters of the law.

Advice requested please :-(

Post by Fallen Angel @ Wed Jun 11, 2008 5:48 pm

If say you were travelling along a duel carriageway with armco so speed 70 and were stopped and told you were doing an average of 96 and then received your notice of an average of 109 over 1.8 miles, can you:

1. Request the tapes to listen what was said and, if indeed 96 was stated
2. Would this make a difference to the outcome

Thanking you in advance...

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Re: Advice requested please :-(

Post by wasted years @ Wed Jun 11, 2008 5:55 pm

That kind of speed is a straight to court. If the person was to plead not guilty and elect for trial I see no reason why all evidence shouldn't be disclosed to them so that they can prepare a suitable defence.

If the lower speed was mentioned incorrectly (human error) and the true speed is the higher one then you'd have to have a very lucky day for that to get the case dismissed.

Say the average speed was measured on VASCAR then regardless of being told your average speed was lower than measured/recorded you are still guilty of the higher (true) speed.



HTH
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Re: Advice requested please :-(

Post by Fallen Angel @ Wed Jun 11, 2008 5:58 pm

wasted years wrote:That kind of speed is a straight to court. If the person was to plead not guilty and elect for trial I see no reason why all evidence shouldn't be disclosed to them so that they can prepare a suitable defence.

If the lower speed was mentioned incorrectly (human error) and the true speed is the higher one then you'd have to have a very lucky day for that to get the case dismissed.

Say the average speed was measured on VASCAR then regardless of being told your average speed was lower than measured/recorded you are still guilty of the higher (true) speed.



HTH


Many thanks Wasted... so basically I am up the swanny...

Would you recommend I get a solicitor for this as desparately need my licence for work :(

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Re: Advice requested please :-(

Post by 900T-R @ Wed Jun 11, 2008 6:03 pm

Aww sh*te, sorry to hear that... :(

should you need a chauffeur -hopefully not - I've got about fourty vacation days left. ;)
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Re: Advice requested please :-(

Post by Fallen Angel @ Wed Jun 11, 2008 6:05 pm

900T-R wrote:Aww sh*te, sorry to hear that... :(

should you need a chauffeur -hopefully not - I've got about fourty vacation days left. ;)


Thank's Eric... it is not looking too good and I am feeling pretty sh1te at the mo... just don't know what to do - hey ho!

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Re: Advice requested please :-(

Post by wasted years @ Wed Jun 11, 2008 6:17 pm

Have a looksie here: http://www.hse.gov.uk/enforce/enforceme ... earing.htm

Whilst disqualification is an option to the court it is not obligatory. If you decide to plead guilty get across to the clerk of the court you are willing to pay a higher fine and have a lot of points on your licence rather than get disqualified.

Some people prefer to get disqualified as the period is normally a few months and saves them a lot in the way of a fine.


Good luck on this one.

And up to you if you want a solicitor. The court should have a duty (free) one to use/get advise if you want. Be mindful as this service is free the first time. They can try to get you to plead not guilty as it means them turning up to court and getting paid. Not that I'm cynical or anything.
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Re: Advice requested please :-(

Post by Fallen Angel @ Wed Jun 11, 2008 6:23 pm

Many thanks again.

Thing is.. I am guilty but I have maybe mitigating circumstances in that I was rushing home to calm my mum as my dad had had a fit and she wanted to call out the emergency services... I was rushing to the next layby as my handsfree is awful and mum old (read deaf as a door post). When I was stopped I asked the policeman if I could make a quick phone call before he started as I wanted my mum to know that I would ring her as soon as I could, tell her what to do over the phone - was more worried about dad than myself.

So if I please guilty... will the tapes be listened to also?

I don't want to plead not guilty because I am but I would like the court to know why I was speeding.

Sorry to bombard you with questions.

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Re: Advice requested please :-(

Post by wasted years @ Wed Jun 11, 2008 6:28 pm

No probs on the questions. Here to help where we can.

Not mitigation I'm afraid - no immediate risk to life and limb as your mum was there and the court can argue that someone could have called an Ambulance out and as they are the professionals your dad would be in good hands and no need for you to speed.

If you plead guilty no tapes will be played unless there is an accusation of dangerous driving. If you plead guilty it will be a very quick in and out case dealt with in minutes.

You can try to use your excuse as mitigation and entirely up to the court if they are prepared to humour it.
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Re: Advice requested please :-(

Post by Fallen Angel @ Wed Jun 11, 2008 6:41 pm

wasted years wrote:No probs on the questions. Here to help where we can.

Not mitigation I'm afraid - no immediate risk to life and limb as your mum was there and the court can argue that someone could have called an Ambulance out and as they are the professionals your dad would be in good hands and no need for you to speed.

If you plead guilty no tapes will be played unless there is an accusation of dangerous driving. If you plead guilty it will be a very quick in and out case dealt with in minutes.tor

You can try to use your excuse as mitigation and entirely up to the court if they are prepared to humour it.


Ok - got you. Many many thanks Wasted.

I shall read the linky you sent to me but shall plead guilty and opt for the lesser ban than points... I know what you mean about the solicitor and have taken that on board.

Shall go to an independant on Monday when back at home for advice on the best way to minimise the ban; ie. work comittments etc. Court is on 2 July so think I should have time to get my plea back in.

Again, many thanks.

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Re: Advice requested please :-(

Post by wasted years @ Wed Jun 11, 2008 6:47 pm

:thumbup:
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Re: Advice requested please :-(

Post by Fallen Angel @ Wed Jun 11, 2008 6:51 pm

wasted years wrote::thumbup:


No... :thumbup: to you x

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Re: Advice requested please :-(

Post by Shaw Tarse @ Wed Jun 11, 2008 6:51 pm

Fallen Angel wrote:
900T-R wrote:Aww sh*te, sorry to hear that... :(

should you need a chauffeur -hopefully not - I've got about fourty vacation days left. ;)


Thank's Eric... it is not looking too good and I am feeling pretty sh1te at the mo... just don't know what to do - hey ho!

:fallenangel:

FA,I guess you've tried http://www.pepipoo.com for advice?
If not can we have a "whip round" of annual leave to act as chauffers for :angelgrin:
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Re: Advice requested please :-(

Post by Jagdpanther @ Wed Jun 11, 2008 6:56 pm

Do you a deal chuck,

If you do take a ban, I would be willing to be your chauffeur for the duration in return for food, board and lodgings :)

And yes....yes I am being serious :yes:
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Re: Advice requested please :-(

Post by Fallen Angel @ Wed Jun 11, 2008 6:59 pm

Shaw Tarse wrote:
Fallen Angel wrote:
900T-R wrote:Aww sh*te, sorry to hear that... :(

should you need a chauffeur -hopefully not - I've got about fourty vacation days left. ;)


Thank's Eric... it is not looking too good and I am feeling pretty sh1te at the mo... just don't know what to do - hey ho!

:fallenangel:

FA,I guess you've tried http://www.pepipoo.com for advice?
If not can we have a "whip round" of annual leave to act as chauffers for :angelgrin:


Thanks for that, I shall read it this evening. Have now been poured a large glass of red by my flatmate but is not doing the desired :hehe:

Nice to have the banter back :wink:

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Re: Advice requested please :-(

Post by Fallen Angel @ Wed Jun 11, 2008 7:01 pm

Jagdpanther wrote:Do you a deal chuck,

If you do take a ban, I would be willing to be your chauffeur for the duration in return for food, board and lodgings :)

And yes....yes I am being serious :yes:


Hopefully it won't come to that but thanks Scott... just how much food do you eat :hehe:

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Re: Advice requested please :-(

Post by Jagdpanther @ Wed Jun 11, 2008 7:11 pm

Fallen Angel wrote:
Jagdpanther wrote:Do you a deal chuck,

If you do take a ban, I would be willing to be your chauffeur for the duration in return for food, board and lodgings :)

And yes....yes I am being serious :yes:


Hopefully it won't come to that but thanks Scott... just how much food do you eat :hehe:

:fallenangel:



Not as much as you would think...its the wine that costs the most ;)

Honestly, the offer is there if you need it love :thumbup:
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Re: Advice requested please :-(

Post by Globs @ Wed Jun 11, 2008 7:20 pm

Well I don't know sweet f a but I'm sorry to hear of your plight.

One tactic is to drag out the court dates (like the SCP do sometimes) so you have time to make other arrangements if it does come down to a ban, which it may not.

I'd have a look on the pepipoo forum and see if you get any pointers there too. Due to the evidence discrepancy I'd be asking to see that too, so you can decide a little more what to do.

Best of luck.
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Re: Advice requested please :-(

Post by Fallen Angel @ Wed Jun 11, 2008 7:31 pm

Globulator wrote:Well I don't know sweet f a but I'm sorry to hear of your plight.

One tactic is to drag out the court dates (like the SCP do sometimes) so you have time to make other arrangements if it does come down to a ban, which it may not.

I'd have a look on the pepipoo forum and see if you get any pointers there too. Due to the evidence discrepancy I'd be asking to see that too, so you can decide a little more what to do.

Best of luck.


Many thanks to you,.... Shaw Tarse has posted the linky to pepipoo so will be doing some bedtime reading this evening of that and the link forwarded by Wasted Years...

I have heard of people getting off for more serious crimes on a technicality but as WY says... it is down to the judge on the day. Depending on the length of ban, I do have leave that could cover some and I can train to my flat from home, pushbike to work... my landlord I know, if I were to tell him, would give me a lift in daily and as for work and 1:1 meetings around the County of Somerset... hmmmm.. as it is a requirement that I drive... my car is off the road currently - not ideal but if needs must and the possibility of losing my job :?

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Re: Advice requested please :-(

Post by 900T-R @ Wed Jun 11, 2008 7:35 pm

Jagdpanther wrote:Do you a deal chuck,

If you do take a ban, I would be willing to be your chauffeur for the duration in return for food, board and lodgings :)

And yes....yes I am being serious :yes:


Hey big fella... get in line! :D
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Re: Advice requested please :-(

Post by Towie @ Wed Jun 11, 2008 7:49 pm

I don`t think it`s been mentioned yet, but maybe it is better to take a short ban and get it over with. Otherwise you will have a high points count on your licencehanging over you for the next three years. Not sure of the insurance implications though.

Good luck anyway.


PS. Has anyone ever benefitted from advice from Pepipoo? Th ename gets slung around every time someone gets zapped for speed (especially in ToP) but i`m wondering if they have risen to the status of urban myth?
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Re: Advice requested please :-(

Post by Fallen Angel @ Wed Jun 11, 2008 8:26 pm

Towie wrote:I don`t think it`s been mentioned yet, but maybe it is better to take a short ban and get it over with. Otherwise you will have a high points count on your licencehanging over you for the next three years. Not sure of the insurance implications though.

Good luck anyway.


PS. Has anyone ever benefitted from advice from Pepipoo? Th ename gets slung around every time someone gets zapped for speed (especially in ToP) but i`m wondering if they have risen to the status of urban myth?


Thanks Towie.

I shall make the decision regarding the ban/points/fine option on Monday.. 3 years is a long time to have points on your licence and knowing my luck! I shall let you all know the outcome

Silver lining/upside: damn I will be fit with all the enforced cycling :yikes:

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Re: Advice requested please :-(

Post by DI Burnside @ Wed Jun 11, 2008 10:27 pm

Towie wrote:PS. Has anyone ever benefitted from advice from Pepipoo? Th ename gets slung around every time someone gets zapped for speed (especially in ToP) but i`m wondering if they have risen to the status of urban myth?


I may or may not have been clocked at 30mph over the limit and the advice I may or may not have received on Pepipoo may or may not have helped to get it timed out :whistling:

Sorry to hear of your predicament FA, fingers crossed.
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Re: Advice requested please :-(

Post by swp @ Wed Jun 11, 2008 10:33 pm

That's a bugger FA, will keep my fingers crossed for you. x
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Re: Advice requested please :-(

Post by Fallen Angel @ Sun Jun 15, 2008 10:54 am

Many thanks guys.

On the signed evidence there is a discrepancy in figures which don't add up at all that the issuing officer has signed.

Am seeing a solicitor tomorrow to see how best to minimise the ban... hey ho :cry:

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Re: Advice requested please :-(

Post by Jagdpanther @ Sun Jun 15, 2008 11:03 am

Fallen Angel wrote:Many thanks guys.

On the signed evidence there is a discrepancy in figures which don't add up at all that the issuing officer has signed.

Am seeing a solicitor tomorrow to see how best to minimise the ban... hey ho :cry:

:fallenangel:


Best of luck love, got my fingers crossed for ya!
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Re: Advice requested please :-(

Post by beaublack @ Sun Jun 15, 2008 12:05 pm

I did have some success with help from PePiPoo - but only a Parking Ticket - yellow lines with no end bar - took photos etc - Hull Council did not respond to my large sumission - just had admin fee from lease hire to pay! Good Luck FA.
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Re: Advice requested please :-(

Post by Shaw Tarse @ Sun Jun 15, 2008 3:55 pm

Fallen Angel wrote:Many thanks guys.

On the signed evidence there is a discrepancy in figures which don't add up at all that the issuing officer has signed.

Am seeing a solicitor tomorrow to see how best to minimise the ban... hey ho :cry:

:fallenangel:

Good luck :fallenangel:
Will check for updates tomorrow. :couchpotato:
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Re: Advice requested please :-(

Post by Gnostic Ascent @ Wed Jun 18, 2008 4:11 pm

This won't particularly help but will give you some idea of what might happen.

In the early 2000's I was done for speeding at 62mph in a 30mph zone. 100 yds in to the 30mph zone from an unrestricted zone the change was badly signed, one sign hidden in trees other on a post about 3ft off the ground etc. A genuine mistake on my behalf. Anyway, off to court I went suited and booted, employers letter in hand saying I needed the car for my job as well as a solicitor in tow........... 42 days ban and a ££650 fine. The magistrate also attempted to give me 6 points but you can't ban someone and give them points. After the event the Clerk of Court said "blimey she didn't like you as yesterday another guy was done who was speeding on the same bit of road at similar speeds" " he got 7 day band and ££200 fine" . A few weeks later Ant or Dec was done or speeding up the A1M at 110mph and got a 15 day ban and ££300 fine.

Unfortunately there is no level playing field here. You go in front of the non legal trained magistrate who uses their "wisdom" to determine the punishment under guidance of the court and unfortunately you just have to take what they dish out. In all likely hood the punishment will be less than you expect and depending on the bit of country your in it could be a lot less than others in a similar situation. Insurance wise your premiums take a hit but once again that isn't always as bad as it could be. It will also take about 6 months to get to court.
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Re: Advice requested please :-(

Post by LordGrover @ Wed Jun 18, 2008 4:16 pm

2 July is a short six months ...

Hope all is well FA. :fallenangel:
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Re: Advice requested please :-(

Post by Gnostic Ascent @ Wed Jun 18, 2008 4:20 pm

oops missed the July date. Can't be a very busy court. Mine took 6 months to come up but I suppose it could be the magic 100mph that accelerates its appearance.

Just noticed your "boobs of bristol" ...... took a while as I was distracted by your avatar....anyway don't get caught speeding in Wiltshire is my advice to you LordGrover.
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