Sunday Drivers London Dawn Raid - May 8th 2011

[Kezzie]

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[sebby]

As much as I hate to tempt fate......
Has anyone received an NIP yet for possible infractions in the tunnels?
They need to be here by Saturday if they are going to come

[John Scherrer]

It depends on what the speed limit was and how fast the 'offender' was clocked.

Up to 20mph over, it's a NIP and 14 days, timed from midnight of the day of the offence. The issue date mentioned on the notice must be less than 14 days, if it is then you should receive it within 14 days "allowing normal time for postage". If the police etc have had to trace your address because you didn't notify them you'd moved or if you weren't the registered keeper, then they're allowed time to trace you.

If your clocked speed was 20mph or+ over the limit, then they don't need to send you the NIP as they may be applying for a court summons, so you may have to wait more than 14 days to find out your fate. 

[kaygee]

30 mph over the limit and you will be going to court. Police have 6 months from date of offense to issue summons.
I realise this as I was stopped for speeding at 4am yesterday morning. Trying to get legal advise at the moment as the police say I was going much faster than I know I was going - also found out that even if they have no speed logged for the offender, they can still summons you even if they have no idea how fast you were going am really annoyed as this could severely effect my business and some of my employees.
At least rapists will get out early
Any advise greatly appreciated

[Hedge]

Got done for doing 46 in a 30 on Eastbourne seafront Saturday following John H. Feel quite chuffed to have got off with 3 points + 60 quid as it goes.....
All a bit odd though; still can't quite fathom how I was doing that speed. I am so Captain Slow on the road - especially in a 30.
Cheers,
Hedge

[benyeats]

[quote="kaygee"]
30 mph over the limit and you will be going to court. Police have 6 months from date of offense to issue summons.
I realise this as I was stopped for speeding at 4am yesterday morning. Trying to get legal advise at the moment as the police say I was going much faster than I know I was going - also found out that even if they have no speed logged for the offender, they can still summons you even if they have no idea how fast you were going am really annoyed as this could severely effect my business and some of my employees.
At least rapists will get out early
Any advise greatly appreciated
[/quote]

No chance anyone was 20mph over or even 10 from where I was sitting so probably not worth worrying too much.

[l33haw]

[quote="kaygee"]
30 mph over the limit and you will be going to court. Police have 6 months from date of offense to issue summons.
I realise this as I was stopped for speeding at 4am yesterday morning. Trying to get legal advise at the moment as the police say I was going much faster than I know I was going - also found out that even if they have no speed logged for the offender, they can still summons you even if they have no idea how fast you were going am really annoyed as this could severely effect my business and some of my employees.
At least rapists will get out early
Any advise greatly appreciated
[/quote]

Get yourself a half decent solicitor and you should be ok,if they have no direct evidence their case isnt very strong. May cost you a bit for solicitor but worth it if your business may suffer.

There are mega bucks solicitors who say they can get anyone out of any speeding offence no matter what the police evidence, so in ur situation a normal solicitor shud be able to sort u out.

[sebby]

[quote="kaygee"]
30 mph over the limit and you will be going to court. Police have 6 months from date of offense to issue summons.
I realise this as I was stopped for speeding at 4am yesterday morning. Trying to get legal advise at the moment as the police say I was going much faster than I know I was going - also found out that even if they have no speed logged for the offender, they can still summons you even if they have no idea how fast you were going am really annoyed as this could severely effect my business and some of my employees.
At least rapists will get out early
Any advise greatly appreciated
[/quote]

I have to clear something up here. If you are stopped by the police then they still have to provide you with a notice of intention to prosecute (NIP). However, that usually happens straight away when they talk to you. Otherwise it will come in the post fairly soon after. If you are doing more than 30mph over the limit then you are likely to get a court summons and possibly a ban.
This is not the same as being flashed by a camera. In that instance regardless of what speed you were doing, the police have to send you an NIP within 14 days. You could even be doing 100 in a 30. I believe that legislation came into place when, justifiably, motorists were saying they could not be sure who was driving the car 4 weeks after the incident.

Kaygee - I feel your pain mate....The cops really only take you to court if their case is water-tight. It costs them too much to go to court in hope that incompetence is over-looked. You can always have a go. Or you could hold your hands up and apologise and assure the magistrate it won't happen again and hope for the best. They might take a lenient approach....

[kaygee]

I have spoken to a couple of solicitors today- both said that the police can say whatever they want, if the judge believes them , then I am screwed. Really pissed, as if I was doing the speed they say and was caught on a camera or handheld device, then fine - but I know exactly what maximum speed I was travelling at.
Both solicitors said wait for the summons to arrive, then decide on the plea

Don't get me wrong- not pissed at getting pulled for speeding- my fault entirely,  just worried how they are going to back up their claim.

Need to wait 6 months max now to see if they filled their paperwork in

Driving like Morgan Freeman now in 'driving miss daisy' :doh

P.s have been warned that the costs for decent solicitor for plea hearing and trial could top £3k or to put it another way, those carbon wings

Cheers

[PaulP]

The police need two bits of evidence to put before a court to prove their case.  Their opinion, backed up by either; another police officer, VASCAR, Radar gun, or their speedo in which case they must follow you for a fifth of a mile or more.

If their's no mechanical evidence, which if there is, they should show you at the time, then their opinion evidence must be strong.  Not he was travelling at 38 in a 30, but he was  travelling at 50 in a 30.  It's not possible to judge differences in speed that accurately, beyond reasonable doubt.

If the evidence isn't strong CPS won't take it to court.  They're not up for a fight in court.

If you're up before a judge you're in big trouble.  Hopefully just a magistrate and then maybe a lay one, who are easily puzzled.

[kaygee]

Thanks Paul

Will have to wait and see.

They used their speedo to calculate my speed.

All the road was uphill, and they were in a 1600 ford focus.even if I was doing 65 mph, they wouldn't of caught up with me!!

Will think the worst and hope for the best

Cheers

[Karl V]

Well, no word from the    and I don't ever remember getting post on a Sunday before.

Maybe all that tunnel flashing was Kezzie after all...