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PostPosted: Wed Aug 15, 2007 18:07 
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Right; so the other night I pulled away from some traffic lights at a roundabout, got up to about 40mph & settled in to a nice trundle

Next thing I know, blues & twos flashing in the distance, catch up & they pull me over. Ask what speed I was doing, I say 40mph, they say no you were going alot faster than that, more like 70mph. Now I did accelerate hard, foot the floor kind of thing & it's a track perpared Elise so it probably sounded quite loud - possible why they came after me.

They decide, "generously", to deal with it by way of a fixed penalty; reckons the video would show I was going really fast.

Question is, should I appeal this & go to court?

a) it was dark & he was some distance away, how could he prove it was my car (he never offered to show me the video)
b) if I really was doing 70mph, why has he chosen to deal with it by way of a fixed penalty
c) the offence code given on the ticket is 131 - I've been told that means failing to stop at a temporary police stop sign!!

I really wasn't a danger to anyone. Granted I floored it off the lights, which is probably why he came after me - the car is a track prepared Elise and loud, and there were 3 vehicles, headed by a van, that I wanted to pass (dual carriageway, 40mph).

Can I confirm I really didn't stray over 40mph, no I can't, I was watching the road! But it was late, I was tired and I don't drive fast when it's late & I'm tired, because that's the best way to end up in a wheelchair frankly.

What do people think? Any helpful advice gratefully received!

Thanks,

Fred.


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PostPosted: Wed Aug 15, 2007 18:29 
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Moved to the H-IBP section


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PostPosted: Wed Aug 15, 2007 19:36 
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If you didn't do it, you should challange it.

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Thu Aug 16, 2007 09:22 
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luvyalizzy wrote:
c) the offence code given on the ticket is 131 - I've been told that means failing to stop at a temporary police stop sign!!

It does. I believe it’s a non-endorsable offence.

Did you ask about the portable stop sign, like where it was? Could you have missed it?
I would guess a placing of such a sign will have to be logged somewhere. Could the charge stand if there’s no such log?


It doesn’t seem like you will be done for speeding but if you are:
Was it just one officer in the car? If so then they must rely on some equipment to corroborate their opinion, in this case that would appear to be a VASCAR video system. If you really were not speeding then the video will set you free – you should challenge it. If there were two officers in the car, they won’t need other equipment such as the video.

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