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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently was caught speeding doing 63 in a 50mph. My question

Resolved Question:

I recently was caught speeding doing 63 in a 50mph. My question is can I challenge and stand a chance of winning, also if I decided to pay the fine quickly ie within a few days would the courts be lenient and take the fine but not endorse my license? I have heard of this before through another persons experience. Thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

On what basis are you seeking to challenge it please?

Customer:

The road on which I was stopped was a decline and it was a slip road just off the motorway (M8 Glasgow to Edinburgh) - my argument is that I came off the motorway at 70+ to the 50 and was caught doing 63 mph over a half mile therefore I was not vastly over the limit and was slowing down therefore I think there is enough justification to challenge? If was quiet around 10pm on a Sat night with no other vehicles. Also if I was doing 73 I could understand but I think I'm being punished just because it was quiet.

Alex Watts :

Sadly that makes no difference - that is mitigation only;

Customer:

Yes but what about the fact that it was a decline and just off the motorway?

Alex Watts :

Unless the equipment was defective or you were NOT doing over 50mph then you have no defence

Alex Watts :

The fact it was reduced down just goes to mitigation, the offence was made out

Customer:

How can I prove their equipment was defective?

Alex Watts :

However Police forces are clued up on this, they have calibration certificates, the kit is Home Office approved, it will be used by trained officers etc

Alex Watts :

You can't but they would show it had to be

Alex Watts :

If you refuse the ticket it will go to Court. You will plead not guilty and it will go to tria

Alex Watts :

* trial *

Alex Watts :

They will provide logs and certificates to show it was working correctly.

Alex Watts :

If you lose you get a higher fine, plus Court costs of about £500 for making it go to trial

Alex Watts :

I am sorry if this 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:

Ok so if I cannot challenge the offence, i have heard that if you pay off the fine quickly the courts can be lenient and possibly not endorse the license? Have you heard of this?

Alex Watts :

No

Alex Watts :

If you dont have any other point for speeding they CAN offer you a driver awareness course

Alex Watts :

You take that and no points - but that is down to the Police force

Customer:

How long does it last?

Alex Watts :

1 day, fairly boring and about £100

Customer:

Is it a test or simply an course?

Alex Watts :

I dont know, I have never taken it

Alex Watts :

I suspect you just attned

Customer:

Ok do you know how to apply for this?

Customer:

I have a horty slip at the moment

Alex Watts :

The fixed penalty office should give you the option

Customer:

Ok so if I write them a letter with the payment for the fine, should I mention it then?

Alex Watts :

I would just write and ask if you can have the course

Customer:

Would I write to the same court as the fine should be paid?

Alex Watts :

It wont be a Court, it will be a fixed penalty unit or Police force

Customer:

Ok so I would write to the local police station?

Alex Watts :

Well the area that gave you the ticket.

Customer:

Ok not really sure on that one ie where to write too but I'll figure it out. Thanks

Alex Watts :

Can I clarify anything else for you about this today?

Customer:

No all questions answered thanks

Alex Watts :

Great. Can I help with anything else today?

Customer:

NO but thanks

Alex Watts :

Ok - if I could ask you to rate my answer before you go today - the button should be at the bottom of the screem

Alex Watts :

* screen *

Alex Watts :

If you need more help please click reply

Customer:

ok thanks

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