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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 75509
Experience:  Over 5 years in practice.
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I was alleged to be doing 58 in 40 mph zone, in rush hour

Customer Question

i was alleged to be doing 58 in 40 mph zone, in rush hour traffic, from 79.4 m away, by a traffic cop hiding over an underpass. i was not doing the spped he said, 45 mph max and this is a stretch of road I drive on dailyt and never speeds.
JA: What state was the citation in? And have you consulted a local attorney?
Customer: i was pilled over in traffic, and he showed me a speed gun reading with no timings or video evidence, refuse to accept i was speeding and asked him why i was been pulled over, 7th Jan 4.41 pm, driving a low performance Smart fortwo, so today . a letter to pay £100 and 3 points or go to court and be procecuted.
JA: Do you need to appear in court?
Customer: When he asked me for my license, i showed it to him and he took a picture of it.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i was not speeding, plus a car in front travelling faster and another came pass me as well.
Submitted: 10 days ago.
Category: Traffic Law
Customer: replied 10 days ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 10 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jo C. replied 10 days ago.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 10 days ago.

Are you asking if you have a defence?

Customer: replied 10 days ago.
yes
Customer: replied 10 days ago.
yes have I got a defence, I will type not call. I do not have £44 to pay.
PWi
Customer: replied 10 days ago.
Do I have one, a defence that is as I was not doing the speed he claimed.
Customer: replied 10 days ago.
Are you still there?
Customer: replied 10 days ago.
are you still there?
Customer: replied 10 days ago.
awaiting your response.
Customer: replied 10 days ago.
Still waiting?
Expert:  Jo C. replied 10 days ago.

Thanks for the information and the time.

 

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

 

The problem with this is that you were speeding even on your own account. I realise you say you were not speeding to the extent they say but even your explanation amounts to a guilty plea.

 

You could plead guilty on a basis that you were only doing the speed you accept. If the magistrates decide that would make a “material” difference to sentence they will hold a Newton hearing where they hear your evidence and decide which they prefer. If you lose that then you will lose credit for a guilty plea and face greater costs.

 

Or you could plead not guilty and put them to proof on the reliability of their evidence.

 

Both options carry risk I’m afraid.

 

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

 

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

 

Jo

Customer: replied 10 days ago.
how long does 3 points stay/last on your licence?
Customer: replied 10 days ago.
the maximum i could be doing was 42 mph
Expert:  Jo C. replied 10 days ago.

3 years from the point of view of totting, 4 years from the DVLA and either 5-10 years for insurance purposes.

Customer: replied 10 days ago.
there was no time on the laser gun, of video image. he parked illegally to entrap motorist, still no case to answer on their part (police).
Customer: replied 10 days ago.
are you still there.
Customer: replied 10 days ago.
??
Expert:  Jo C. replied 10 days ago.

Yes, but it does take more than 3 minutes to read and type a reply.

Customer: replied 10 days ago.
the time was also dark and the laser gun goes in for recalibration in March 2020
Expert:  Jo C. replied 10 days ago.

But you accept speeding?

Delighted to continue but please rate my answer.

Customer: replied 10 days ago.
ok thanks. I'll be patient. I was not speeding, I know the road and area well and know they hide there, so i don't speed there, as a rule I dont speed. Clean 30+ yrs driving. I need a clean licence to drive the school's bus and take my basketball players to matches, I am a volunteer coach.
Customer: replied 10 days ago.
i will rate your answer.
I am sure the speed he showed me was not mine. No way.
Customer: replied 10 days ago.
how and where do i rate your answer, please.
Customer: replied 10 days ago.
thanks for your advice
Expert:  Jo C. replied 9 days ago.

Oh sorry, I lost my connection. You should be seeing a rate button. I never use the site from your side so can't see it