|
0 registered members (),
146
guests, and 2
spiders. |
|
Key:
Admin,
Global Mod,
Mod
|
|
|
Forums69
Topics113,611
Posts1,341,241
Members1,804
| |
Most Online731
Jan 14th, 2020
|
|
|
Re: help if caught speeding
#153680
06/08/2006 19:56
06/08/2006 19:56
|
Anonymous
Unregistered
|
Anonymous
Unregistered
|
Well boy..try all the above. I'll be the one in the public bench laughing when you get a conviction. Now go and exercise some more civil rights with another 'Readers Digest' guide to law.
Last edited by Skodaman; 06/08/2006 20:06.
|
|
|
Re: help if caught speeding
#153681
06/08/2006 20:29
06/08/2006 20:29
|
Anonymous
Unregistered
|
Anonymous
Unregistered
|
Bending over and taking your punishment may be your style, not mine. I work on the old fashioned principle 'innocent until PROVEN guilty', you may have heard of it?
|
|
|
Re: help if caught speeding
#153682
06/08/2006 21:20
06/08/2006 21:20
|
Anonymous
Unregistered
|
Anonymous
Unregistered
|
Chaps, lets try not to turn this into a "Barryboys thread"...
|
|
|
Re: help if caught speeding
#153683
06/08/2006 21:25
06/08/2006 21:25
|
Joined: Dec 2005
Posts: 17,917
JimO
Forum veteran
|
Forum veteran
Joined: Dec 2005
Posts: 17,917
|
Sorry to butt in, but if you break the law and get caught, take the punishment, don't go tieing up the police / courts time with the bullshit. If you are a big enough of a man to speed, surely you can take the shafting a few extra points will give you.
And please, I am not a preacher, I have 9 points for speeding, when i was driving too fast and I got caught.
As for innocent until proven guilty, surely the fact they caught you speeding proves you were guilty, you are just trying to exploit a legal loophole!
|
|
|
Re: help if caught speeding
#153684
06/08/2006 22:01
06/08/2006 22:01
|
Anonymous
Unregistered
|
Anonymous
Unregistered
|
A law that is broken by so many people so often is a bad law. Are there any motorists in the country who have not broken the speed limit at least 4 times in a three year period? 12 points is a ban, so theoreticaly there should be almost no motorists on the roads today.
It is naive to believe that the current persecution of the motorist is about safety, it is about revenue and if I can deny them any of that revenue I will.
|
|
|
Re: help if caught speeding
#153685
06/08/2006 22:16
06/08/2006 22:16
|
Anonymous
Unregistered
|
Anonymous
Unregistered
|
I apologise for insulting you earlier..but there are things in life you can't avoid..Marriage, taxes, speeding / parking fines etc..accept it..especially as you did it.
So its a bad law..petition your MP to get it changed. I confess to being somewhat older than you, probably an old codger, bus pass etc etc but once I were a Wagistrate down on the bench in Mangle Worzle Land (Somerset to you)and nothing hacked the bench off more than a guy who did it and then quoted half baked sections of law to try and wriggle out of it. The fastest way to get convicted, regardless of right or wrong is to f* the beak.
Last edited by Skodaman; 06/08/2006 22:21.
|
|
|
Re: help if caught speeding
#153686
06/08/2006 22:28
06/08/2006 22:28
|
Anonymous
Unregistered
|
Anonymous
Unregistered
|
If you can afford a good solicitor (and I can) you have a good chance of being found not guilty (careful choice of words there). I drive at a speed that I, as a responsible adult, consider to be safe, taking into consideration the road type, weather conditions and vehicle. What I strongly object to is being prosecuted because I have exceeded an arbitrary speed limit that has no relevance to the level of danger that I am posing.
There is no discretion shown by the automated speed detection equipment used today, which is wrong.
Incidently, I have no points on my license, make of that what you will.
|
|
|
Re: help if caught speeding
#153687
06/08/2006 22:44
06/08/2006 22:44
|
Anonymous
Unregistered
|
Anonymous
Unregistered
|
With the greatest respect you have obviously never been prosecuted for speeding and never appeared in court. The Mags have little discretion. If the limit was X and you were doing Y (usually X + 10% in practise but not in law) then my son you are guilty, regardless of how many highly paid and smart lawyers you have. They will ask you for a reason for speeding and very rarely accept it and mitigate. But a statement that you don't agree with the law will achieve the opposite. Bit like underage sex..'She looked a big girl and said she was 18' but her birth cert said 15. No defence.
If you are wealthy (and stupid) you could appeal the matter to Crown Court but the penalties are likely to be stiffer and zip chance of success.
However I'm wasting my time because you obviously know better and can't accept anybody else knowing more about the subject than you do.
|
|
|
Re: help if caught speeding
#153688
06/08/2006 23:08
06/08/2006 23:08
|
Anonymous
Unregistered
|
Anonymous
Unregistered
|
Speeding is an absolute offence and therefore complete if it is proven that the accused exceeded the speed limit by as little as 1 mph. There are no excuses which can be used to avoid prosecution once it has been established that you were the driver and that the speed limit was exceeded, excuses may mitigate the penalty but not the offence itself. However, before you can be found guilty it must be proved that you were the driver at the time of the offence and that the speed limit was actually exceeded. There are many, many ways that either or both of those conditions can be successfully challenged, and there are more than a few solicitors that make a very good living doing just that.
|
|
|
Re: help if caught speeding
#153690
06/08/2006 23:29
06/08/2006 23:29
|
Anonymous
Unregistered
|
Anonymous
Unregistered
|
Nobody is saying that it is OK to drive like a lunatic outside schools during term time. But 80 on an empty motorway in clear conditions? Or 50 in a 40 just before it turns to NSL? There are many cases when speed in excess of the limit is appropriate, and other times when even 30 in a 30 is too fast.
The current obsession with speed enforcement does not focus on safety, it focuses on revenue.
|
|
|
Re: help if caught speeding
#153691
07/08/2006 00:54
07/08/2006 00:54
|
Anonymous
Unregistered
|
Anonymous
Unregistered
|
I just want to say one thing and then I am out of here. I agree with David_S on one point at least. If it is true that there is a legal loophole, and that it is possible to avert prosecution by employing it, then the law needs to be tightened up, which it probably will be. In the meantime, no-one is obliged to incriminate himself. If it is true that legally a caution must precede prosecution, or whatever, then the police are not conducting themselves appropriately. And if they are not following the required procedure, so that they can only convict on the basis of our co-operation, in the form of self-incrimination, I cannot see the argument for going down that road.
Here endeth the lesson.
|
|
|
Re: help if caught speeding
#153692
07/08/2006 01:07
07/08/2006 01:07
|
Anonymous
Unregistered
|
Anonymous
Unregistered
|
David_S seems heavy on theory and very light on reality, wonder if he drives a Bentley???
The offence of speeding is absolute however as I stated (and unlike I suspect, the majority) I have sat on the bench and in practise there is normally a small undefined margin allowed unless there was something else in the charge..no insurance, disqualified etc. Of course if you have an arrogant know-it-all driver in the dock who's trying to be clever then the margin becomes exceptionally small. Also don't forget that if it was a speeding pull..not camera then the officers opinion is taken into account..thus 25 in a 30 powering past riders and horses might be prosecuted as without due care or reckless.
I'm out of here too..this is like trying to reason with a child.
|
|
|
Re: help if caught speeding
#153694
07/08/2006 01:25
07/08/2006 01:25
|
Anonymous
Unregistered
|
Anonymous
Unregistered
|
Quote:
David_S seems heavy on theory and very light on reality, wonder if he drives a Bentley???
The offence of speeding is absolute however as I stated (and unlike I suspect, the majority) I have sat on the bench and in practise there is normally a small undefined margin allowed unless there was something else in the charge..no insurance, disqualified etc. Of course if you have an arrogant know-it-all driver in the dock who's trying to be clever then the margin becomes exceptionally small. Also don't forget that if it was a speeding pull..not camera then the officers opinion is taken into account..thus 25 in a 30 powering past riders and horses might be prosecuted as without due care or reckless.
I'm out of here too..this is like trying to reason with a child.
I'm still waiting for you to justify your TWOCing argument.
|
|
|
|
I think alan means scotland, just to clear that up for you guys carry on