Speeding

  • This topic has 58 replies, 8 voices, and was last updated 2 months ago by rox.
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  • #121915
    Lou lou

    <p style=”text-align: center;”>hi has anyone had a speeding ticket in a motabilty car what happens when u tell the insurance that u have gained 3 points and a £100 fine the course is not an option as already done that 2 years ago!!!</p>
    Was caught doing 49mph in a 40 zone by a mobile speed camera van to let a fire engine and police through who was flashing there headlights at me to move i no there not to blame and I will take it but what happens with the insurance will they no longer insure me

Viewing 25 replies - 26 through 50 (of 58 total)
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  • #122085
    Lou lou

    moss finn

    I was in the outside lane I did indicate to move over but checked mirrors and wasn’t safe to do so so stayed in the lane I was in until I was able to move over safely on the evidance video they have provided u can see my indicator flashing so clearly wasn’t ignoring them I had seen them but couldn’t just fly my car off like a plane I can speak with my solicitor see what advice they offer I was already prepared to take it on the chin and deal with it but its worth a try as the evidanve is clear

    #122097
    Mossfinn

    Lou Lou

    I appreciate  your situation and was not implying You acted wrongly. I think most of us are conditioned to get out of the way of a blue light asap and end up breaking law.
    What I was saying is that rule of law is that we are to resist that impulse as if we are photographed, whilst there are mitigating circumstances, we will still be found guilty and cannot change that.

    #122100
    Menorca Mike

    You were still doing 49 mph in a 40 mph zone had you have kept at 40 you would have course been fine but you panicked and that is why you put your foot down

    #122102
    Belfast4

    No matter what go to court, it would be a very poor magistrate that would convict you. I would ask Motability insurance RSA do they include legal cover with their insurance for Motability customers.

    #122107
    Mossfinn

    Belfast4. A magistrate would have no option.  In a court case there is guilt/ innocence then mitigating circumstances.

    Courts have latitude on the second , but not the first.  Unfortunately Lou Lou is legally guilty however sorry we all feel for the reasons.

    #122108
    Belfast4

    Yes everyone knows that she broke the law by doing 49 in a 40. But their was a real good reason for her increasing her speed to 49 to get out of the way of an emergency vehicle, I would have my day in court. No matter what anyone says.

    #122113
    72 dudes

    Mossfinn is correct.

    Not sure why Belfast 4 is so keen for poor Lou Lou to have her day in court when she’s clearly going to lose the case?

    Save the tax payer’s money and accept the fine/points/course.

    Unfortunate circumstances but a police car doesn’t just suddenly appear behind you does it? If observation and anticipation skills were being used,  Lou Lou would already have slowed and been in the inside lane.

    #122114
    Bandit
    Participant

    Whilst a magistrate may not, on the evidence, decide the person is “not guilty” they can rule that the sentence be changed. I.e. the points removed and only the fine given etc.

    #122116
    Menorca Mike

    72 dudes well said totally agree that sums it up perfectly

    #122130
    JS
    Moderator

    the most shocking point to most of the replies is the word “SHE” please lets not make assumptions, and No Law was broken a Road Traffic Act was, the difference between an Act and Law in Massive, its always worth appealing because hopefully common sense will prevail. A Road Traffic Act can be broken IF the Law permits, hence Emergency services brake Road traffic Acts when permitted under Law and under certain conditions and that stands for Joe Blogs (he or she). we only have a few snip bits of information  and dont know the facts but surely the best advise if the individual has evidence and acted at that time how they read that situation then the best advice is to have your day in court (if it goes that far) as most appeals dont Make it to court if supporting evidence is presented. if it goes to court then they may up hold the Act but only if Law Permits,

    good luck

    #122141
    Belfast4

    The reason I want the poster to go to court is because their were mitigating circumstances, how many times have you heard of a police car stopping a speeding car only to find it is a husband or person trying to get a very pregnant lady about to have a baby. They either helped them at the side of the road or escorted them extremely quickly to hospital. Do you think if the poster Got Nick Freeman the lawyer that gets all the celebrities off their very guilty driving offences she would come out of court with 3 points and a fine. I very much doubt it.

    #122146
    Menorca Mike

    Belfast you have used the word SHE again

    #122147
    72 dudes

    @Menorca Mike 😂

    Fair point JS, I apologise for making the ridiculous assumption that Lou lou might be a female.

    #122148
    Menorca Mike

    😀👌

    #122154
    Mossfinn

    Belfast4, in the example you quoted, the police decided not to press charges, completely different situation.
    Once something reaches court, it is completely different matter. I have been involved in a situation where a speeding ticket was sent to wrong address, follows were the same and next thing my daughter got a letter from DVLA saying licence revoked for 6 months. My solicitor filed at local magistrates, they heard him, cancelled fine and licence and went home happy. 6 months later, letter telling her she was banned arrived. When we checked, it was same ticket. Police had simply reissued it to same wrong address. Solicitor informed me that can only appeal to magistrates once. This time, we had to do a proper appeal in the Court of Appeals. Went there with all evidence and Appeal Judge cancelled all fines , bans and tore Police off a strip. He also cancelled original ticket so wouldn’t happen again.

    What I’m saying is that although we won, it cost a four figure sum which was unrecoverable and took 18 months total. Very stressful but because my daughter would have been banned otherwise, unavoidable.

    I realise Lou Lou is frustrated and angry but the 3 points won’t effect insurance and a good mitigating story on the court statement Could reduce the fine to a minimum.

     

    Frustrating but better to get on living life without the extra stress.

    #122156
    Belfast4

    And at the appeal court while the judge was tearing a strip of the police your solicitor didn’t say by the way judge this has cost my client a 4 figure sum could we please have all costs awarded against the police for their stupidity. I want the poster to go to court because far to often we lie down and let authorities walk all over us.

    Read all your threads on here about your PIP experiences Being lied to, assessors making things up and then you all have to appeal and go to tribunals. People need to stand up against all of this.

    #122161
    Lou lou

    Guys I have accepted i have done wrong by increasing my speed to 49mhp not once have I tried to blame anyone we was both in the wrong me for doing 49mph and them sat on my bumper pushing me to increase my speed

    I didn’t come here for arguments I came for advice as was scared I was about to lose my car as didn’t no what would happen..

    Iv sent the paperwork off i will accept the points as previously iv admitted i did break the speed limit and I have to be punished for that its a learning curve and for that I will have points on my licence for how eva long hopefully fingers crossed it never happens again

    #122163
    Lou lou

    Also I have not once said I was about to arrive at court with all this if all  posts was read then it would have been understood i was going to ask my solicitor on advice where I actually stood hes words it should be like 50/50 so both to blame, ill take the points and deal with it I don’t want a long drawn out process  as I’m partly to blame aswell

    #122164
    Mossfinn

    Belfast4,

     

    With respect, you sound like a person who believes he is right and will fight windmills to prove it.

    However strongly you believe morally you are right, legally is a different matter. You assumed neither my solicitor nor I thought to ask regarding costs. The reason my costs were high was because I used an experienced specialist motoring  solicitor.
    I wish Lou Lou the best and if you ever have a relevant experience rather than opinion Belfast4, I look forward to reading about it on here.

    #122165
    Lou lou

    Mossfinn I don’t belive anyone iv not taken his advice and acted on it, I spoke with my solicitor motabilty and the rsa insurance and views from here and came to the conclusion to just deal with it and except that Iv done wrong by speeding and deal with the points now been on my licence

    #122193
    Moreton5

    I was doing 35 yesterday towards a man outside his bmw with a camera thing. Do you think at that speed I will have been done? I am a first offender if so, will that be points or a course? I am really nervous for the next 2 weeks now.

    #122207
    72 dudes

    @Moreton5.

    A bit vague, was it a police BMW and was the man a police officer?😁

    If both, I think you’d be unlucky if you were prosecuted.

    Most * police forces use the 10%+2 guidance, so 35 in a 30 is borderline.

    However if your speedometer was reading 35, then you’re true speed was probably somewhere between 32 and 34, so you might be ok.

    Depends on the officer and the force, you can be done for 31 in a 30 but as I say, that would be unlucky.

    #122232
    Moreton5

    Yes, unmarked police car. He was standing outside it with a smallish camera on a stand. My speedo was reading 35 as I approached over the hill and I slowed down as I saw it

    #122697
    Lou lou

    So I sent the paperwork off to the police and I got my licence back this morning they have added 3 points with the code SP30 is that correct as it says on the letter exceeding 40mph speed limit I would have thought SP40 or is there no such thing as a sp40,, shall I leave it as a SP30 or ring them to add the correct code

    #122702
    mitch
    Participant

    it is a common misconception that SP30 relates to an offence of exceeding a 30 mph speed limit. In fact, SP30 just happens to be the offence code – it can be any statutory speed limit on a public road.

    There are a number of different codes relating to speeding offences:

    SP10 Exceeding goods vehicle speed limit
    SP20 Exceeding speed limit for type of vehicle (excluding goods or passenger vehicles)
    SP30 Exceeding statutory speed limit on a public road
    SP40 Exceeding passenger vehicle speed limit
    SP50 Exceeding speed limit on a motorway

Viewing 25 replies - 26 through 50 (of 58 total)
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