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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice.
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I am slightly concerned as yesterday I drove through a 40

Customer Question

I am slightly concerned as yesterday I drove through a 40 mph zone doing approximately 50mph. I stayed at this speed as I genuinely thought it was a 50mph zone. Unfortunately, there was a traffic police officer with a handheld detector, he waited for me to pass him and when I looked in my mirror I noticed that he'd stepped into the centre of the road aiming the gun at my rear plate. He never made any attempt to drive after me. Is there a possibility that my car reg had been recorded on his device and an nip will come through my door or would he have had to have pulled me over and dealt with the situation there and then? I'm gutted as I have 6 points on my licence from last year and have taking every necessary step possible to ensure that I am within the speed limits now, including using the speed limiter on my new car, one lapse in concentration and I am terrified of having 9 points especially as 6 are still valid for two years as they were only days apart! I would appreciate your opinion on this greatly.Kind regardsKirsty Allen
Submitted: 7 months ago.
Category: Traffic Law
Expert:  Jo C. replied 7 months ago.
Hi what specific queries do you have on this?
Customer: replied 7 months ago.
What is the likelihood that I will receive an NIP in the post? Can the hand held devices record your registration information or is here a high chance I may have gotten away with it since he didn't pull me over?
Expert:  Jo C. replied 7 months ago.
It is not really possible to pre empt that. It depends on variables that are fact specific. You could. It depends whether they have captured it in a form that is admissible. In fairness, generally speaking officers with laser guns do send out NIPs otherwise they are of the view there is no point in their daily activities. It is not the highest speed and laser guns are less reliable than GATSOs although reliable enough to capture a person doing 10 miles per hour over the limit on the whole. But it depends on whether or not your plate was captured and not obstructed by others. Can I clarify anything for you? Jo
Customer: replied 7 months ago.
My plate was not obstructed, it was on a back road with very little traffic and he clearly aimed at my reg plate, would I be able to take a small ban instead of gaining any more points
Expert:  Jo C. replied 7 months ago.
Not for 50 in a 40 zone I'm afraid. A ban isn't within the sentencing remit. It would only be 3 points though.

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