Few q's for the legally minded forum members if you'd be so kind 1) I was caught by a mobile speed camera van on March 3rd doing 92 in a 60 (dual carriageway) received the nip within 3 or 4 days then heard nothing til Tuesday 16th September when I received my court date..this is 6 months 13 days after the offence, can I argue the 6 month rule ? 2) The paperwork states I'm on a single carriageway, I'm clearly on a dual carriageway as can be seen by the photographs, I'm approx. 70 - 75 yds into the dual carriageway coming from a single carriageway, technicality maybe ? 3) Statement from the tw@t ..sorry Gentleman that operates the camera says that all appropriate signage was on show/in place etc.. bloody well wasn't there were and still are no signs either permanent or temporary, he was also well hidden up an adjoining side road so you couldn't see him, obviously this is my word against his but I know damn well there was NO SIGNAGE...makes my blood boil this one he's blatantly telling porkies. Is it worth arguing the case ? part of me wants to fight it tooth and nail, part of me wants to claim guilt by post and get it over and done with, I have a clean licence at the moment so can spare a few points I suppose. If I go the guilty by post way, in order to try and lessen the severity of the fine and points what would be a good/plausible/reasonable explanation for doing 92 in a 60 (serious answers only please) I have attended two Motorcycle road safety courses at Castle Combe, for the track time really but they don't need to know that, I've done an assessed ride with a police motorcyclist, Due to the fact that I'm a keen cyclist and Motorcyclist I've been pressganged into being part of the road safety forum at work which has regular meets with Somerset Council road Safety Officers and the Police which I'm hoping will help. I've also thought of asking if I could lessen the fine by doing so community work instead is there a chance of this in speeding cases ?
I can only answer pt1 as it happened to me, there is a 14 day period after the offence ( regardless of when you received the NIP ) then 6 months to tell you your going to court etc.
Sorry bud, that amount over I'd take it on the chin. Up to 10mph over you may have a case. If it goes to court the judge will still be looking at your speed over the speed limit.Then will hear your side saying no signs, hiding in bushes etc.Then the crunch question to you is why was you speeding at nearly 100mph.No matter where you are motorway or dual road that is excessive and will still throw the book at you.Good luck with whatever you do. Speed awareness course may lessen it?
Surely if it's a dual carriageway it's 70 unless it does not have a central reservation then it's 60.personally I would fight it,I am doing the same at mo but a bit long winded to explain the circumstances dual carriageway repeaters 50 then goes into a 40 no repeaters but has a sign saying max speed 40 but only on a advisory sign so arguing if I come of slip road before camera it is still a 40 clearly it should go down to a 30 do you follow me
Are you saying the dual carriageway way has a 60mph restriction? If not doing 92 in a 70..... Much better than 92 in a 60. Technically if he's attempting to prosecute you for 92 in a 60, and you were doing 92 in a 70. He could well be in a sticky situation, its a different offence. Are you in a works Union, they will sometimes fund cases. Mike. PS as above,If it don't have a central res its not a dual carriageway.
Yes Julian did it have a central reservation like mike says it makes a big difference in situation more ways than one
Knew I could rely on you Matt... No Graeme no central res, double whites, two lanes my side single lane on the other side, looks like I'm going to have to take it like a man, any ideas of an excuse for doing 92 in a 60 ? I was thinking of something stupid like, I bought the bike with the understanding it had a restrictor to a top speed of 65mph I was horrified to receive the pics of 92mph, had a friend strip the bike to find no restrictor, bike has now been sold, being new to biking I was very aware of a junction 30 yds ahead and not looking at speedo, then mention courses safety forum etc etc sound good or just a bunch of old baloney ?
Yep, No Central Res then speed is a Max 60 Double the Speed limit in force or over a Ton is a Ban usually so you're OK on this score IMHO. Eat the humble and Suck it up is the best course of action.
In all reality it ain't the crime of the century,bloody hell the bike will do that in 1st gear,those speed camera vans are wankers just revenue makers get a life a catch proper law breaking citizens bmp that's boils my piss think I will enter that word in the Collins encyclopaedia
Speak to a solicitor about the 6 months bit, most offer a free 30 minute consultation, but make sure it is one who specialises in traffic law. If that doesn't work then you are probably going to have to take it on the chin. If you are "friendly" with a member of plod from the work safety thing they may be willing to do a character reference for you and explain how mortified you are and how you normally take safety seriously. Don't hold your breath though as not many will stick their head over the parapet. Don't even bother with the restricted bike bit, they will just say that you have a speedo and should have used it. As has been said it is a single carriageway as there is no dividing barrier, the number of lanes is academic.
Take the points. Have they not offered a rider awareness course? I got off with one when I got caught doing 120 on a 60 road.
Forget all the other parameters, concentrate and seek clarification on the 6 month rule, if it's applicable then all the other technicalities are irrelevant.
I'm a nice bloke though lol and was super humble! It was an unmarked bike that I somehow missed being behind me. He'd followed me for a few miles and said he couldn't fault my riding apart from the speed. Scared the crap out of me though and I've not ridden fast on the roads since, that was 18 months ago. I'd go bankrupt without my licence.
A few points here. Firstly, the 6 month rule only applies as far as laying information before magistrates within 6 months of the alleged offence having been committed. So in your case, you received the NIP in time, the court case is 6 months or so after the date of the alleged offence, therefore the information was laid before the magistrates well inside the 6 month cut off period, so on that basis you have no argument. I have had cases where it has been heard 12 months after the date of the original offence, but this was due to various adjournments at the request of the defendant. However, had yur case been listed for say 9 or 10 months after the date of the alleged offence, then the prosecution would have to exlain why it has taken so long for the case to be heard and if it was through no fault of yours, they you would probably have a reasonable argument for the case to be struck out. In this situation, no such luck I am afraid. If there is no central reservation, than it is classified as a single carriageway with one or to lanes in either direction, but whether you were on a designated dual carriageway (70 limit) or single carriageway where the national speed limit applies (60) matters not, it becomes a mute point as you were well in excess of both lmits. Signage is a mute point. Until about 10 years ago, speed limit signs had to be clearly visible and in place at specific distances. The rules were changed and now there is no need for signs other than in built up areas where they must still be displayed, but even here it has changed where all the regs say is that there must be signs at reasonable intervals and visible, not the set distances that we used to have. Mentioning your previous rider training history in some courts could work against you on the basis that they could take the view that you should have known better. It is the same as me reeling off all my quaifications, I would get hammered because I SHOULD KNOW BETTER, and therefore if with my background I was unaware of the speed limits or was unable to control my right wrist, they could determine that as a borderline or tantamount to careless driving and therefore hit you with a bigger penalty. You will not get a community order for a speed offence, that is not an option. The fact that it is going to court it will be a fine, points, disqualification or a combination of the 3. The fact that you are under the 100 will work in your favour, but it is still excessive. If you want a consultation, then I will be happy to put you in touch with my colleague Kaddy who is a specialist traffic offence defence solicitor, and will be happy to give you a free consultation, but I have no doubt that she will tell you what I have said.
Thank you TC Courses have been completed after the speeding incident, guess I just have to hope the judge is having a good day
Go in person if you can, In a suit. don't talk a load of sh1t they hear it all day long and it only irritates them, I personally would not go on too much about all the courses you have done and you have totally ignored doing 92 in a 60. Apologize unreservedly and sincerely, don't take too long about it. you could say quickly you need your licence for work. And you are new to the bike. And it won't happen again! Good Luck, Mike.
