As a sales rep I am always being flashed for
speeding, now sitting with 6 points and one new
letter of intending prosecution, can you help
Yes we can. High mileage drivers should really
subscribe to our Road Traffic Plan. See this
link for more details www.roadtrafficlaw.com/Tryus.htm
We deal with speeding cases nearly every day and
have encountered ALL speed recording devices and
situations so you will be in very experienced
hands.
I have recieved notice of prosecution for speeding
,namely 56mph in a 30mphzone. this was commited on
july29.The charge is to be heard on the 25jan 2007
at glasgow district court, recieved notice of this
on the 27 dec 2006.I was wondering if there is a
time limit as to when i should have been notified of
said charge.thanks
You have probably heard something about "Timebar"
when cases fall because they have been raised
against you outwith a timelimit.As a general
rule 6 months is the time limit however there
are certain circumstances when the Crown can
extend this period.
I was stopped for speeding on the part of the M8
that is a 50mph zone. I was not shown a radar gun or
a visual image of my speed but was told that the
police had a device that can be checked. Is this
correct and if so what is the likely outcome ?
It is good police practise to show you evidence
of speeding at the time but it is not fatal to
the Crown case if they fail to do this. If you
are the registered keeper of the vehicle you
should receive a Notice of Intended Prosecution
within 14 days of being stopped. (Contact us if
you don't!) The device used by the police can be
checked and images obtained checked before
trial. The police need not provide these images
until a decision has been made on prosecution
but often do. We can be of more assistance to
you in obtaining the photographs and checking
the instrument used by the police.Best not to
ask to many questions or to start demanding
calibration certificates and video of incident
etc as it simply prepares the ground for the
prosecution.
I have just received a copy complaint setting out a
speeding charge but the location referred too is
wrong. It looks like a typo but can the Procurator
Fiscal fix this?
Usually the Procurator Fiscal can amend the
complaint of any typos however when they relates
to something as important as location we believe
we could successfully argue that since this is
essential to establish proper jurisdiction the
amendment should not be allowed and the case
should fall. Contact us to win your case.
When recently stopped by the police for speeding on
the M8 they said I would probably get a "Fixed
Penalty Notice" Is this right and what is a Fixed
Penalty Notice?
A fixed penalty notice is a document that you
receive from the Procurator Fiscal's office it
is designed to save courts the time and expense
of dealing with minor and undisputed offences.
Non-endorseable tickets are given for such
offences as defective lights, no seat belt,
parking offences and other similar minor matters
which do not carry penalty points.This carries a
fixed fine of £30 and must be paid within 28
days. An endorseable fixed penalty notice is
very similar but carries a fine of at least £60
and a variable number of penalty points,
depending on the offence itself. Speeding
carries a minimum of 3 points.
I have received a fixed penalty but do not intend
paying because i was NOT speeeding. What happens
next and will I now get a higher sentence if
convicted?
If you fail to pay a fixed penalty fine within
28 days, the fine will automatically increase by
50%. If you fail to pay that, a summons is
issued for you to attend court. Due to the fact
that these tickets were designed to save time,
expense and inconvenience to the court you may
safely assume that most Magistrates will
normally increase the fine and often sometimes
the number of points endorsed on the licence.
Presumably you want to defend the case since you
say you were not speeding. You need advise on
the merits of your defence. Give us a call to
discuss your case in detail and we will advise
you on the merits of your case. Call free on
0800 612 9597 for FREE advice.
I have just been flashed,again. I have 9 pen points
on my licence and write to ask if this means I will
be banned. I drive approx 20k miles per annum as an
IT support worker in my own business. If I lose my
licence the business will go down the pan.
If your nine points are within 3 years of the
present offence (Going from offence to offence
dates) then yes you are due to be disqualified
under "Totting up procedures" All is not lost as
you may be able to argue that "exceptional
hardship" would occur if you lost your licence.
If you can persuade the court that others would
be affected badly, e.g. lose job,
mortgage, business etc etc then you may persuade
the court to impose the points but refrain from
disqualification. You need experienced help to
win such an argument as it is very difficult to
persuade Sheriffs not to impose the
disqualification that the law says they should
impose!
If I am caught speeding by a camera and my photo is
taken, do I still need to pay the fine?
Is there a technical defence to this charge even
although the police have a photograph of you
speeding? Yes, there can be several. One example
is that the police have 14 days to serve a
Notice of Intended Prosecution (Unless Hire Car
or Company Car situation), Time bar of Copy
Complaint, admissibility of your answer to the
NIP etc etc. We need more information to enable
you to make an informed choice about how to
proceed. just give us call on 0800 612 9597
I received a fixed penalty notice last May but
ignored it. I have not received anything else, Have
I got off with it?
It looks like this case will indeed be time
barred and will fall. If you do receive a copy
complaint in the next few weeks then you should
instruct your lawyer raise a plea to the timebar
issue. Alternatively just attend court and when
your case calls you will be asked to plead
Guilty or Not guilty. Reply that you wish a
debate to be fixed on the basis of timebar. If
the Sheriff asks you why explain that
proceedings have been taken outwith the
statutory time limit of 6 months and therefore
the Crown are precluded from advancing their
case by statute. We will be pleased to assist
should the matter proceed. If the Crown can
provide an explanation regarding the delay they
may still be able to serve a competent complaint
on you. Issues that might arise are that It was
a company car, You have moved address since the
incident. It was a rental vehicle etc
ive got a sp30 on my licence. approx 4 years ago,
can they be removed now, or does it need to be on
for 5 years thanks
Only needs to be on for
4 years. Relevant for prosecution for 3.You can have
them removed now. The charge remains as a
conviction but cannot be taken into account as
far as totting up provisions
I sent away my details on a suspected speeding
offence, video van, 77 in a 60. I don't think i
signed it or i think it was in the wrong section, i
have been sent an offer £60 3 pts, what next?
You now have to decide if it worth defending and
if you are going to engage a lawyer to defend
the case. The unsigned NIP means that the
prosecutor will have a document that is of very
little use to him if they decide to prosecute.
The unsigned NIP may provide an adminicle of
evidence that you can be questioned about (If
you give evidence) If you do not give evidence
it will be difficult for the Crown to prove a
speeding case against you. When/If the case is
reported to the PF they may take the view that
under s172 you have failed to name the driver
and charge you with failing to provide as
opposed to speeding. My own view is that if you
can afford to engage a layer then you should do
so as soon as possible. (I guess I would say
that, wouldn't I)
Hi, I am an IT worker travelling accross Scotland
and England most weeks. I had earlier this year been
pulled over by a patrol car in Scotland and they
clocked me at 99mph using a Kustom Pro Laser III.
Weather was "poor", visibility "reduced" and traffic
flow "moderate" as described in my "description of
Locus". I have recently received the charge of
speeding and need to reply to the court. Is there a
chance I may lose my license or is it more likely I
will get points and a fine? I have 3 points already
from being caught by a mobile speed camera doing 81
on the M74.
Hi, I am afraid that it depends upon what area
of Scotland that you were prosecuted in! Some
Sheriffdoms are more lenient than others. Since
you were below the magic 100mph I would expect
you to receive a 6pp endorsement and a fine in
most areas.
Graham Walker LLb,DipLP,NP
25 Years practising as a Criminal lawyer in Scotland.
Specialising in road traffic law .
roadtrafficlaw.com
