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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70304
Experience:  Over 5 years in practice.
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My 18 year old son was just stopped in a 30 zone doing 32mph. The

Customer Question

My 18 year old son was just stopped in a 30 zone doing 32mph.
The police officers showed him 32mph on the gun but have issued a ticket for 45mph in a 30 zone and issued a fixed penalty £100.

What options goes he have
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this?
Customer: replied 3 years ago.

He thought he was doing 30mph the speedo showed 32 but they have issued a ticket at 45mph in a 30 with a £100 fine does he have any recourse with this ?


 

Expert:  Jo C. replied 3 years ago.
Does he accept that he was speeding?
Customer: replied 3 years ago.

No he believes he was driving at 30 mph in a 30 zone

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

It is quite unlikely that they could prove that he was travelling at 45 mph in a 30 mph zone anyway. If they could then they would not be offering a fixed penalty but would summons him to court.

If he believes that he wasn't speeding then its a simple matter of refusing the fixed penalty offer and inviting them to summons him to court. They only have 6 months to achieve that. If not they will be time barred.

Obviously this is a brave decision though. If this is a laser gun then they are capable of challenge especially if the amount over the limit is less than 10% but there is always a presumption that devices work properly and accurately.

He won't get any more points at court if the allegation is that he was doing 32 mph not 45 mph but the risk is costs. If you plead guilty at the first appearance then costs will only be £85 but if you have a trial and are convicted then the costs will be in the region of £300.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

Thank you for your advice its much appreciated

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. 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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