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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 62904
Experience:  Over 5 years in practice.
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I was stopped for speeding on the motorway. I may have been

Resolved Question:

I was stopped for speeding on the motorway. I may have been slightly over 70mph, not even 80mph but I am adamant I wasn't doing what they said I was - I am extremely careful - I know everyone says that, but I am.

Anyway, the police showed me the trigger that allegedly caught me - showing 101mph. This is utter rubbish.

There is no photographic evidence of this - what can I do? I have consulted 2 garages to see if the highest speed attained on my car can be found on my car's computer, but alas this can't help me.

They told me that they will advise to put forward for NIP - I feel as if I've been pulled over and charged just to make up their quota - PLEASE ADVISE!
Thanks.
Submitted: 9 months ago.
Category: UK Traffic Law
Expert:  Jo C. replied 9 months ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX X will try to help with this.

Are you prepared to risk a costs order by fighting this please?
Customer: replied 9 months ago.

FOR JOMO1972


 


Sorry, but what do you mean by costs order?


 


Costs or court order? or both?

Expert:  Jo C. replied 9 months ago.
There would be a sentence but that isn't usually the risk

You are raising issues of expert evidence so the costs order could be unpleasant. Obviously only if you lose.

Are you willing to risk this?

For 101 in a 70 mph zone the penalties are not that high
Customer: replied 9 months ago.


OK - I see what you mean about costs order - thanks.


 


My main worry is that I know I wasn't going that fast - I regularly check the speedo.


 


I'm convinced I was pulled over for a 'statistic' hit if you know what I mean.


 


I cannot afford to lose my license - need to drive for work.


 


I've had a clean license for 20yrs, no points. Really frustrating. Is there anything else you can advise me to do?


 


Thanks.

Expert:  Jo C. replied 9 months ago.
Yes, if you give me 10 mins I'll type out an answer.
Customer: replied 9 months ago.


Thanks

Expert:  Jo C. replied 9 months ago.
The first point to make is that its very unlikely you would lose your licence. This carries either 6 points or a ban of 7 - 56 days. You are right at the bottom of the sentencing bracket and there is no particular aggravation here so I would expect six points. There will be a fine of between 75-125% of your weekly income, costs of £85 if you plead at the first appearance and the victim surcharge of about £35.

You do have a basis to contest this. It would not be the first time a device was wrong. Technology does sometimes fail. They can be set off by different vehicles also.

The risk though is that a trial could be expensive. You are raising issues of potential expert evidence and they are never cheap and not all that good.

If this is a mobile laser gun then they are more open to challenge than GATSOs and if you know you weren't doing this speed then it might be worth a run. It depends on your willingness to take risks.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 62904
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you

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