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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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Can I Question the exact speed I was travelling? They say it

Customer Question

Can I Question the exact speed I was travelling? They say it was 87mph in a 70 limit. If it had been 86mph it's possible I would have been offered 'a workshop' rather than a £100- fine & 3 pts. It is possible I was travelling over 70 but it was very unlikely it was 87.
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.

Are you prepared to risk being summonsed to court?
Customer: replied 3 years ago.

Yes

Expert:  Jo C. replied 3 years ago.
Thanks.

It isn't actually impossible that you would have been offered a speed awareness course for doing 87 mph in a 70 mph zone. In fact, its within the sentencing guidelines so spot on. You don't normally get summonsed to court unless you are doing over 90 mph in a 70 mph zone and even then they can offer the course when it suits them.

However, you can challenge the speed. You just refuse the course or fixed penalty offer and then wait for the summons to court. Then you put the Crown to proof upon what they allege.

If this is a GATSO device or a laser gun then its a lot harder to challenge that than a VASCAR devices.

However, it would be be irresponsible of me to tell you this is a good idea. Even if you do win at trial, which is not likely, you would still be convicted as you accept travelling at speed and you would only get 3 points even if you lost but you would get a much higher financial penalty.

The best possible outcome for you is that the Court would conclude they couldn't be sure the reading was reliable and so couldn't be sure you were speeding but the chances of that are not good I'm afraid.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Under the circumstances is it possible that the authority that has awarded me the fixed penalty could be persuaded to change it to a speed awareness course & if so how would be the best way for me to go about that?

Expert:  Jo C. replied 3 years ago.

Your speed is eligible for a speed awareness course. But it comes down to whether or not they run them and are willing to offer them. Its entirely within their discretion as to whether one is made available as it is ultimately an offer with no basis in law.

You can aways write back to them asking for the speed awareness course instead of the points but if they refuse then there isn't any appeal arising from except I suppose judicial review. That would cost many thousands of pounds though and there not really grounds here.

Customer: replied 3 years ago.

I wrote to Avon & Somerset Police & this is their reply:


 


'I note from your letter you would like to attend a Speed Awareness workshop. Please note the option of the workshop is not an option because you are not in the criteria for the course eligibility. The course eligibility is exceeding a 70mph limit - up to a maximum of 76mph.'


 


So not up to 90mph I'm afraid. Any thoughts?


 


I also got them to send still pics. of me in the car at the time.


 


Looks like I will just have to grin & bear it. (pay the fine & take the points)


 


Thanks,


 


James.


 

Expert:  Jo C. replied 3 years ago.
That constabulary is obviously using the 10% rule test. Actually 76 is not 10% of 70 mph anyway so their thinking makes no sense.

They can offer the speed awareness when it suits them for anything up to the bracket that would lead to 3 points at court which is 90 mph.