Tommy
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Registered: 24th Aug 00
Location: Essex, Colchester
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My Mrs got caught speeding in a 40mph , she was doing 54mph, dosey mare i know.
On the ticket itself the copper has put down that it was a 30mph.
Can we contest it as the information is wrong ?
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nathy_87
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Registered: 14th Aug 08
Location: West Mids. Drives: koda Fabia VRS 5J
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Im sure you can, go back in daylight and take photos to prove thats a 40.
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Tommy
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Registered: 24th Aug 00
Location: Essex, Colchester
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Nobody else ?
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VrsTurbo
Premium Member
Registered: 8th Jun 10
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she was speeding accept it
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oceansoul
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Registered: 19th Jun 06
Location: Sunbury, Surrey
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She was speeding, end of. What do you want to contest? Either way she was still going over the speed limit.
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jay26
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Registered: 22nd Feb 08
Location: North Lincolnshire
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contest it she will win 100%
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Cavey
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Registered: 11th Nov 02
Location: Derby
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Only going 14 over the limit is a lot less than nearly double the speed limit which is what she's looking at at the moment.
Contest it, hopefully they'll change it to 40. Which would be such a harsh punishment as she could potentially be looking at
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oceansoul
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Registered: 19th Jun 06
Location: Sunbury, Surrey
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Did she sign the ticket at the road side?
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gtitim
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Registered: 13th Feb 05
Location: the boonies
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Would be classed as a clerical error. To contest it she will have to plead not guilty. then the officer will provide a statement saying it was a clerical error and the traffic order to prove it was a 40. wont change the reading or the fact it is over the limit, and therefore wont change the outcome. Accept the fact she was speeding, phone up and pay it.
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Tommy
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Registered: 24th Aug 00
Location: Essex, Colchester
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I was thinking along the lines of, if they marked that down wrong what else could they have marked wrong, the speed maybe
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gtitim
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Registered: 13th Feb 05
Location: the boonies
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As a PC, trust me, its a clerical error. I wrote 2010 on a ticket the other day. If it comes back, its a clerical error. Dispute the evidence - when the prosecutor asks your mrs in court why she is not guilty and she says well its because he wrote it was a 30 limit not a 40 where i was doing 50+ she will look a bit daft. Unless shes going to lie on oath of course.
Speed is a given - you dont even need the exact speed to issue a ticket. An officer can form the opinion that a vehicle was exceeding the posted limit and issue a ticket based on his opinion. The speed gun / speedo / camera merely provides a precise reading to confirm his opinion.
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Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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i know you are an officer and most of the time i respect your facts as you are in far more of a position to comment then me or anyone, but i cant see how an officer and do you for speeding based on his judgement alone?
i would have thought only dangerous driving or something, not an actual speeding offence
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gtitim
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Registered: 13th Feb 05
Location: the boonies
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To answer - If i was standing on the side of a road in a 30mph limit and saw a car go flying past me, i would form the opinion that the driver was speeding. This would be sufficient for me to stop the person and issue a ticket. The ticket is not an acceptance of guilt. Paying the ticket is. If you are issued a Fixed Penalty Notice, you do not have to plead guilty, and can therefore elect to have a court hearing. It is the same as being reported or charged with an offence - this is not a finding of guilt - that is down to a court. The ticket is merely an opportunity for you to plead guilty and have it dealt with.
With regard to forming opinions - I can be driving along at the limit. If the car in front pulls away from me, or a car approaches rapidly from behind, then that would form the opinion that the person was speeding. I can also follow someone over a distance as the speedo in the police cars are calibrated and correct, unlike your speedo or the one in my own car which over-read. My patrol car speedo reads the same as my GPS exactly.
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strick206
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Registered: 12th Apr 07
Location: Wigan Drives:Integra DC5
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I would only have a word about it because potentially that speed could be more than three points if they think it is a 30, when it gets changed to a 40 it would be a straight forward three points etc
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Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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what would the ticket be for though? you cant say, oh he looked like he was going 50 in a 30 lol
i cant say im too experienced in going to court and what is viable as evidence and what isnt though, but iv seen and heard of a lot of cases thrown out through lack of evidence
if it was as easy as basing it on what you think someone is doing speedwise why bother with guns and cameras just have a copper standing then judging it with his eyes 
[Edited on 08-02-2011 by Steve]
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gtitim
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Registered: 13th Feb 05
Location: the boonies
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quote:
Originally posted by Steve
what would the ticket be for though? you cant say, oh he looked like he was going 50 in a 30 lol
Exceeeding the prescribed limit - 30 / 40 / 50 / 60 / 70 mph limt. The circumstances would denote the offence code on the ticket - ie SP30 / SP40 / SP60 etc
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Steve
Premium Member
Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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dont the tickets have what speed you were doing though? sure mine did
[Edited on 08-02-2011 by Steve]
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gtitim
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Registered: 13th Feb 05
Location: the boonies
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Depends if you have a reading - if you do, then yes, if not, then no.
Last one i issued was to a bloke following me when i was on a course. I was in an unmarked car exceeding the limits and he followed me on every overtake. I was up to 90mph on occasion and he stayed with me. He got a 3pt £60 fine ofr SP60 - exceeding limit in a 60mph zone. I never got a reading exactly, other than he was in excess of 20mph over the limit on several occasions. Ultimately, I wont issue a ticket unless I am happy to go to court on the evidence i have.
Tonight (finished at 8 hence home) I followed a bloke doing nearly 45 in a 30, having most likely ran a red / very close amber. He got some suitable words of advice as I didnt feel i had sufficient to issue a ticket, and he was in a stream of cars over the limit. We're not all just there to issue tickets.
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Steve
Premium Member
Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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yes iv just read something and you can be done based on a policemans opinion, i wasnt aware of that, however it wont hold as much weight in court without firm evidence, and can be overturned if you undermine any part of the opinion/evidence, apparently lol
[Edited on 08-02-2011 by Steve]
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gtitim
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Registered: 13th Feb 05
Location: the boonies
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Yes - but you have to be able to undermine that. Saying 'i wasnt speeding' wont really undermine it - as thats your defence. To be honest, any challenges for it wont be ran by CPS if they cant see a realistic chance of prosecution. General rule for me going to court as saa PC is that CPS think theres a RPOC (see above) or I wouldnt be called as they would have dropped the case.
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John
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Registered: 30th Jun 03
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Is being able to be ticketed on opinion not a complete shambles?
Surely nothing in law should be opinion, it should be clear cut true or false or the law in principle falls apart?
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oceansoul
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Registered: 19th Jun 06
Location: Sunbury, Surrey
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quote:
Originally posted by gtitim
Yes - but you have to be able to undermine that. Saying 'i wasnt speeding' wont really undermine it - as thats your defence. To be honest, any challenges for it wont be ran by CPS if they cant see a realistic chance of prosecution. General rule for me going to court as saa PC is that CPS think theres a RPOC (see above) or I wouldnt be called as they would have dropped the case.
Guilty until proven innocent then 
Sums up the place we live in.
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gtitim
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Registered: 13th Feb 05
Location: the boonies
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quote:
Originally posted by oceansoul
quote:
Originally posted by gtitim
Yes - but you have to be able to undermine that. Saying 'i wasnt speeding' wont really undermine it - as thats your defence. To be honest, any challenges for it wont be ran by CPS if they cant see a realistic chance of prosecution. General rule for me going to court as saa PC is that CPS think theres a RPOC (see above) or I wouldnt be called as they would have dropped the case.
Guilty until proven innocent then
Sums up the place we live in.
Not guilty iuntil proven innocent. A case of prosecution evidence is presented against you. You present your defence evidence. A magistrate or judge decides if there is sufficient evidence to find you guilty or not. More people walk free from court than you would think.
I was in court yesterday with two people who I personally believe committed several burglaries (sheds, garages etc). There was not enough evidence to charge for burglary but there was to charge both with handling stolen goods ( I found both of them with some of the stolen property the morning after). One was found not guilty of all charges. the other pleaded guilty to handling and got a fine + costs.
I wone one, lost the other. Thats how it goes.
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Tommy
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Registered: 24th Aug 00
Location: Essex, Colchester
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Hmm thanks all. I was also dissapointed to hea that the officer told me Mrs " You can take the fine and points , or goto court wich you will lose as the gun is never wrong and itll cost you £800"
Surely there not allowed to put you off going to court that much
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gtitim
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Registered: 13th Feb 05
Location: the boonies
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They can tell you what will happen - you want to go to court and defend it - you could end up with court costs and defence costs. Could be a few £000s.
People forget that we hear the same old excuses every time, and get a bit bored of hearing them quite frankly. Sometimes we can seem a bit pissy, but what they dont realise is we wouldnt be doing it if we didnt have any evidence.
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