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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70295
Experience:  Over 5 years in practice
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Driving to work this morning 5:30 over took a another driver

Customer Question

Driving to work this morning 5:30 over took a another driver doing 30 police trap was straight in front of me...fair cop got a ticket for doing 44 in a 30... I wasn't in a pleasant mood might of been slightly off ish with the officer. I pulled away and didn't think any more of it but 5 mins down the road got pulled over by another patrol car saying as I pulled away they recorded my speed, I reached 40 (so they say) and was being given another ticket? Can I get out of this second ticket?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Were you speeding the second time please?
Customer: replied 3 years ago.
Yes as I pulled away my speed got to 40 in a 30 or so I'm told by the officer ?
Expert:  Jo C. replied 3 years ago.
Ok.

But do you deny it ?

Or do you just not know?
Customer: replied 3 years ago.
Hmm I didn't think I was going that fast? I'd like to know what would happen if I contested the officers? I had two witnesses that would agree that I wasn't driving at speed?
Expert:  Jo C. replied 3 years ago.

Well, if I can be wholly honest, you would probably be convicted.

Obviously I haven't had full vision of this case. However, if the second officers are relying on a laser gun to prove that you were speeding then it is fair to say that those are very hard to challenge. It can be done but it mostly relates to location and manner of operation. The risk there is costs if you lose as that can be a nasty shock.

If they are just measuring your speed the old fashioned way then that is easier to challenge. Speeding was always measured in this way before technology overtook us. An officer will give evidence that a vehicle was travelling at speed in his opinion which he will corroborate by his own speedometer as he travelled alongside or behind another vehicle and neither gained upon it or lost it. The case of Gray does say that two officers can corroborate each other without any device but it is obviously very imprecise.

If it comes right down to a choice between the evidence of a police officer and civilian witnesses then you are taking a risk. Magistrates are generally biased in favour of the Crown and are slow to call police officers liars. You can sometimes get them to accept that the officer may be mistaken. It depends on how the evidence comes out really. If they can escape without calling a police officer a liar then your chances improve.

Part of the problem here though is that you don't seem to be able to deny that you may have been travelling at speed.

On the upside though, if this was a 30 mph zone then you could not have been travelling all that fast and unless there was a laser gun the measurements would be very imprecise so capable of challenge.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
I think you've answered my question the is nothing I can do, I've done the crime so I'm going to do the time. Just feels a little unfair but I'm an aggressive driver with a bad attitude at times. This will put me up to 9 points, if I get 3 more I will lose my license, if this happens how long will I be banded for and what costs am I looking at?
Expert:  Jo C. replied 3 years ago.
Yes, we can drive at speed to be honest. Modern cars don't cope well at 30 mph!

You can challenge it but the chances are never good and costs are high.

If you do get a further three points then the starting point is that you are banned for six months. You can ask them not to ban you or to reduce the ban on the basis that you will suffer exceptional hardship if banned.

Costs for an exceptional hardship application are not high. £150 or thereabouts.
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Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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