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PostPosted: Wed Sep 13, 2006 00:29 
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Please all if you can help this would be soooo appreciated.

Bascially have a company car as a rep. offence in late July and NIP served within 14days to the car company (early August). I have received very recently the NIP to my address.

Caught (saw the Scamera ******* on the bridge) when travelling but hoped they would catch me under the ton. Unfotuntely they had postioned well and was caught coming around a slight bend on the A74(M) (Scotland).

recorded at 109mph and to date 0 pts having had a license for over 15yrs. I have one dependant in that my girlfriend is going to higher educatuion and I am the breadwinner. The car is also imperative to the job.

sought advice from a 'motoring lawyer expert' who will cap my fees at £1500

a few questions answered would be really appreciated


1) Do I fight this with the lawyer trawling through police process/procedure
2) Do I piss off the courts by doing the above and therfore expect heavy sentancing if the Scamera is vaild
2) Is there the oppertunity to 'time out' with fancy paperwork
3) What will leniancy migtigation get me in a Dumfries & Galloway court
jail free card?

please as the NIP gives me 7 days!! to respond i.e thursday argghhhh


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PostPosted: Wed Sep 13, 2006 07:54 
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What does your solicitor say ?

Have you visited PePiPoo to see what they have to say ?

Can you contest the validity of the alleged speed.

If so there is the Newton defence, see PePiPoo.

If you were not travelling the alleged speed, you could ask for the speed camera video, if there is one, under the Data Protection Act. The video can the be analysed to see if it can prove you were not travelling at the alleged speed, or possibly for some technical reason why the evidence is not admissible.

As you will be going to court anyway, you would also be able to get any video evidence under the disclosure rules, again see PePiPoo.

Also see the previous case; http://www.safespeed.org.uk/forum/viewtopic.php?t=7014


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PostPosted: Wed Sep 13, 2006 09:05 
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Dr L wrote:
Can you contest the validity of the alleged speed.

If so there is the Newton defence, see PePiPoo.


first timer wrote:
... but hoped they would catch me under the ton. Unfotuntely they had postioned well and was caught coming around a slight bend on the A74(M) (Scotland).

recorded at 109mph


My bold.

No comment necessary.

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A young loner on a crusade to champion the cause of the innocent, the helpless, the powerless, in a world of criminals who operate above the law.


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PostPosted: Wed Sep 13, 2006 09:27 
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handy wrote:
Dr L wrote:
Can you contest the validity of the alleged speed.

If so there is the Newton defence, see PePiPoo.


first timer wrote:
... but hoped they would catch me under the ton. Unfotuntely they had postioned well and was caught coming around a slight bend on the A74(M) (Scotland).

recorded at 109mph


My bold.

No comment necessary.


That's not right Handy. What if the true speed at the time of the offence was 95mph? That's 6 points. At 109 it's likely to be a ban. And I know from my own experience (i.e. I've watched high-quality testing) that lti2020 is capable of making that sort of error.

It's the responsibility of the prosecution to prove the case, and with lti2020, I do not believe that they can get to the 'beyond reasonable doubt' level required.

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