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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 name is ***** ***** i would like some advice of what

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hi my name is ***** ***** i would like some advice of what to do against a speeding charge because i am innocent. Let me explain and tell you what happened i live in colchester in essex and i am a taxi driver i was driving a black astra this night i had dropped off in stratford st mary and i was on the way back to colchester via the a12 it was a very foggy night and i was driving along ipswich road and the road was empty of traffic. On ipswich road there is 3 speed cameras one when you join the road after the roundabout it comes up about 100 metres on the right side of the road so because it was foggy i made sure that i was doing no more than 30 miles an hour now you have another 2 cameras one near the middle of ipswich road and one very near the end of the road both were on my passenger side other words left side isaid to myself that i must take it easy speed wise in this car because it is a fast car and that i could not afford to be stopped by the cops and get 3 points and 100 pounds fine because i have had 7 months from financial hell and that i had no money whatsoever. So i went through the first camera at about 30 miles an hour and the second one at 30 also and as i was approaching the last camera i saw headlights appear in my drivers mirror so i looked behind me and the police put there lights on but not until i had went through the last camera so i said to myself that i had to make sure that i had my seat belt on because i said to myself that he cant be stopping me for speeding because i knew that i was not speeding at all or i would have set off the speed cameras so he wanted me to stop so i stopped just after the speed camera. he said to me that do you know that you were doing in the excess of 50 miles an hour in the fog and that it was dangerous i replied to him that i was not speeding at all or i would have activated all the cameras he said that i braked heavy coming to the last camera and that they had been following me for quite some distanceand he said that he was charging me with the offence and that i could accept 3 points and 100 pounds fine now or wait for the other options one was a driving course or i could take this matter to court and then i said to him that i would see him in court so he give me the charge sheet and drove off. Now what i am going to say to you is that if a copper sees a car driving at 50 miles in fog would nt you think that he would stop you right away because that you would be a danger to yourself and other road users.my second point is that on his charge sheet he put that i was driving in the excess of 50 miles an hour then when i got the proper charge sheet he had scored out the 50 and put 45 in its place and the proper sheet charge sheet says that i was driving inthe excess of 30 miles an hour, so you see he changed the offence himself another very important point is that he said to to me and i QUOTE that i was doing over 50 miles an hour in the FOG and that it was dangerous he has said on his statement and i quotehe says that the WEATHER WAS FINE AND DRY WITH GOOD VISIBILITY. So what i am saying is that he has LIED about the weather condition.I think that because that we were the only 2 vehicles on the road that night he decided to stop me because i was a taxi driver. 2 other points the first one is that he said that he was using a speedometre also but i never saw him using anything. So now i have got to go to court on the 15 nov2015 i would appreciate your advice on what to do one more thing they say if i plead guilty by post the points would be reduced by the court what does that mean because i have got 3 points already would the court give me 3 or 6 points and what fine would i be expected to pay thanks for listening dave.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Were you speeding?
Customer: replied 1 year ago.

NO BECAUSE I WENT THROUGH ALL CAMERAS AT 30 MILES AN HOUR

Expert:  Jo C. replied 1 year ago.
But isn't the allegation that you were speeding at other times?
Customer: replied 1 year ago.

he said that he was following me and monitoring my speed over a distance of 0.2miles but he only came visible to me as i approached the last speed camera because if he had been behind me for a little while i would have seen him in my rear view mirror because the road was empty and it was very foggy

Expert:  Jo C. replied 1 year ago.
Yes, so the camera is not an issue.
Do you deny speeding?
Why would he lie about you?
Customer: replied 1 year ago.

because at the end of the day jo its word against mine and who do you think the judge would beleive so at the end of the day do you think it is worth me going to court with this or not or just take the fine and reduced points by post so can you tell me what to expect if i plead guilty by post thanks dave

Expert:  Jo C. replied 1 year ago.
Thanks.
The Judge will believe the police officer. These are Magistrates who do generally prefer the evidence of police officers to that of members of the public. Unless he is literally completely inconsistent he will win.
Also, there isn'really a reason for him to lie here. People do sometimes but not usually for no reason at all.
You can always put them to prove but it would be irresponsible of me to tell you there is a good chance of success.
I'm very sorry but that is your position.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

what can i expect as a fine and the reduced points they said in there letter if i pleaded guilty by post it would be very helpful if you would let me know thanks dave

Expert:  Jo C. replied 1 year ago.
It doesn't make much difference really to plead by post. It just means you arent' bothered with attending.
For 50 mph in a 30 mph zone you would normally be facing 4-6 points or a short ban of between 7 - 28 days.
Actually if this is a detection by an officer with reference to his speedometer then they won't be able to say what speed your vehicle was doing exactly so there is room for mitigation.
You are also facing a fine of between 75-125% of your weekly income, costs of £85, the court charge of £180 and the surcharge of roughly 10% of the fine. Sometimes you get huge financial reductions in pleading by post though.
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