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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70711
Experience:  Over 5 years in practice
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Yesterday was caught speeding in New Winchelsea Road Rye by

Customer Question

Yesterday was caught speeding in New Winchelsea Road Rye by a handheld speed gun doing 43mph in a 30mph zone. I was obscured by a car in front doing 28mph on open road passed Rye town going into Hastings when I proceeded to overtake unaware there was a Police speed gun site only 50yards ahead. The officer turned the gun on me in a split second as I overtook and signalled me to pull over. He then showed me the gun showing 43mph and stated it was a 30mph zone which i was unaware of as it was open road with no speed signs. His colleague then wrote out a traffic offence form and I handed my driving licence. He then said I would be notified by post in due course. Several other cars with experienced mature drivers were also pulled in as I waited to receive the form. I am just concerned about the accuracy of the speed gun reading as it was aimed at me in a split second after being aimed at the car in front of me doing 28mph AND feel disappointed I could miss the offer of a Speed Awareness Course by 1mph as the current limit for availability is 42mph. Is there ANY chance I could be considered for the course and the Sussex Police to use discretion or is it pure 'black and white' . I am an Area Sales Manager living in London and cover a lot Southern England doing alot of driving and just feel aggrieved at this. Could somebody give me some advice as to my options... If any?
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.

Do you have other points?
Customer: replied 3 years ago.

Yes. I have 3 points for a bald tyre on my company car back in February this year.

Customer: replied 3 years ago.

Yes. I have 3 points for a bald tyre back in February this year on my company car.

Expert:  Jo C. replied 3 years ago.
Thank you.

The short answer is that if you were doing 43 miles an hour in a 30 miles an hour zone then the sentencing guidelines say that you should get between 4 to 6 points or 7 to 28 days disqualification and a financial penalty. That is a sentence that can only be handed out at court and so they should summons you.

However, the reality is that I have known them offer the speed awareness course for very high speeds when it suits them. The truth here though is that you probably should brace yourself for the fact that it will not suit them here because you have 3 previous points which would normally render you unsuitable for the course anyway.

If they do offer the course then it will probably be a mistake but they do make stakes sometimes.

In terms of the accuracy of the gun, that is something that you can challenge at court. Wouldn't be the 1st time that a laser gun is inaccurate but again you need to brace yourself for the fact that there will be a presumption that it is working unless you can raise evidence to the contrary.

Can I clarify anything for you?

Jo
Jo C. and 2 other Law Specialists are ready to help you
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/