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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I was today stopped for speeding, when he approached my window

Resolved Question:

I was today stopped for speeding, when he approached my window he said I was doing 52mph in a 30, he did not show me this on his device but when he was writing the ticket he wrote 59mph, I challenged this and he said well if you say it's 52 I will put 52, I then asked him what speed I was doing to which he could not answer. He just said if you say 52 I will put 52. I thought there were laws regarding entrapment too, he was hidden behind a van and so was the motorcycle, furthermore I recorded this officer saying he will change the ticket speed if I said that was the speed. Are the police allowed to write any speed they want? Is this right?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

You are thinking of fixed devices, they have to be visible and signed.

Alex Watts :

But the Police can enforce speeding whenever they want.

Alex Watts :

However if you were doing more than 34mph in a 30mph zone then you would be liable in any event as the guidelines say 10% + 2mph.

Alex Watts :

So in a 30mph its 35mph or more, 40mph, 46mph or more etc.

Alex Watts :

So I am sorry to say anything over this speed then you would be liable for prosecution. Therefore in reality anything over and above won't make an awful lot of difference.

Alex Watts :

You can of course challenge if you disagree which means going to Court.

Customer: Ok, thanks
Alex Watts :

However it would be your word against the Police Officer and the Court is likely to believe the Police Officer. Again if you were driving in excess of 30mph you would be liable for the offence. Then if convicted you are looking at a higher fine, maybe more points, costs of serveral hundred £ and a victim surchage.

Alex Watts :

This is the reality I am afraid.

Alex Watts :

I know it is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Never mind, just doesn't seem right that he did not know the speed I was doing but yet can still giv me a ticket
Alex Watts :

But I assume you accept you were doing over 30mph? If so, then the offence is made out.

Customer: No, that's fine thank you
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Customer: I did not sign the ticket because when I asked him to tell me what speed I was doing he couldnt
Alex Watts :

Yes but if you accept you were doing over 30, then its an offence anyway. You must have an idea of speed even +/- 5mph or so

Customer: No I don't, I saw him and he walked out into road, I did not gt chance to look, I suspect I was but don't know for sure
Alex Watts :

Then its a matter for you.

Alex Watts :

You can either accept you were speeding and take the ticket.

Alex Watts :

Or you can reject it and it goes to Court, but you risk a much higher penalty.

Customer: I will prob do tht just for the ease of the matter
Alex Watts :

I see. Can I help you further with this today?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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