contesting speeding fine

Discussion in 'UK Motorcycles' started by james0753, Sep 20, 2007.

  1. james0753

    james0753 Guest

    I'd appreciate any advice, even if its just anecdotal on contesting a
    speeding fine.

    Riding to work this morning I overtook 3 cars on the A57, as I passed
    them I saw a stationary police bike at the side of the road, I check
    my speed, make sure i'm at 50 and continue riding.
    A few minutes later the police bike was behind me with flashing
    lights, I couldn't pull over immediately, no hardshoulder on a busy
    road with a lot of lorries, but then come to halt no more than 30secs
    later once the hardshoulder restarts.

    The policeman starts screaming at me for not immediately pulling over
    and demands I hand over my keys which I did. He told me he was going
    to issue 3 points and a fine for failing to stop for a police officer,
    3 points and a fine for doing 50 in a 30 zone, he then said have you
    got any points on your license, I say no, "right lets see what's wrong
    with your bike so we can get you banned" says he. So he checks the
    bike[1], asks what license I hold how long have I held it etc.
    At this point I'm being very submissive as I don't want to inflame the
    situation that seems to be rapidly spiraling out of control. I tell
    him that as soon as it was safe to pull over I did so, he finds
    nothing wrong with the bike and seems to accept that I did pull over,
    which leaves the issue of doing 50 in a 30.
    He tells me that if I don't accept the speeding ticket we can go to
    court and it will be his word against mine and that I'd possibly end
    up with double points and a bigger fine. I sign the ticket and agree
    to surrender my license within 7 days and off he goes.

    The only problem? nowhere on the A57, liverpool road is there a 30mph
    zone. After passing the stationary police bike I made sure I was at
    the speed limit, at a mini roundabout the limit drops to 40, which I
    did, then I sped back up to 50 after the sign, shortly after which he
    caught up and pulled me over.

    Is this something I should contest, should I just be grateful I'm not
    banned, I don't really know what to think besides feeling like I've
    been bullied into accepting a bogus speeding charge.


    [1] GPZ500s (SOB i know, but its my first proper bike)
     
    james0753, Sep 20, 2007
    #1
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  2. Using the patented Mavis Beacon "Hunt&Peck" Technique,
    typed
    What is the exact wording he wrote on the ticket he gave you?

    --
    Wicked Uncle Nigel - "He's hopeless, but he's honest"

    WS* GHPOTHUF#24 APOSTLE#14 DLC#1 COFF#20 BOTAFOT#150 HYPO#0(KoTL) IbW#41
    SBS#39 OMF#6 Enfield 500 Curry House Racer "The Basmati Rice Burner",
    Honda GL1000K2 (Fallen apart)
    Suzuki TS250 "The Africa Single" Honda ST1100 wiv trailer Norton 850 Commando
    Kawasaki GTR1400
     
    Wicked Uncle Nigel, Sep 20, 2007
    #2
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  3. james0753

    Adrian Guest

    () gurgled happily, sounding much like they were
    saying :
    Too late - you've admitted guilt by accepting the FPN.
     
    Adrian, Sep 20, 2007
    #3
  4. james0753

    platypus Guest

    Hang on. Has he still got your keys?
     
    platypus, Sep 20, 2007
    #4
  5. james0753

    james0753 Guest

    What is the exact wording he wrote on the ticket he gave you?

    xs speed
    50 - 30
    Yes, I went back up and down the entire length of road, its 50 - 40
    -50, the speeds at which I was travelling
    Is that anecdotal or definite? My problem is he told me I was doing 50
    in a 30, and the limit is not that, I accepted his word which if I
    wasn't so worried about being banned I would have questioned.
    No, I think this why he was mad, He was in my blind spot so I didn't
    see him at first until he sounded the siren, it then took another few
    seconds, less than a minute, for me to find a place to stop. all the
    time he was behind me I was not exceeding the limit
     
    james0753, Sep 20, 2007
    #5
  6. james0753

    james0753 Guest

    A nod, a wave, a thumbs up, anything would have sufficed. There is nothing
    I understand, certaintly something to remember if it happens again.

    I will just pay up, I don't want to have to go to court to prove my
    case and end up being hit harder.
    If you speed and get caught then you have to accept the conequences,
    It just rankles that in this case I wasn't speeding and the policeman
    was either lying or mistaken.
     
    james0753, Sep 20, 2007
    #6
  7. james0753

    Ged Guest

    Similar thing happened to me years ago - well, similar in that the cop
    got the date wrong. I was summonsed to appear at Salford Magistrates
    Court 'cos I'd pled not guilty to riding a motorcycle at speeds in
    excess of 60mph on the pavement on a particular date. Stated my case
    and the magistrate adjorned the proceedings to give the cop time to
    recharge me with the correct offense and date and I ended up with a
    fine of £60 and three points. "Bloody hell, that was a turn-up" said
    the cop afterwards "No hard feelings, I hope?" My considered reply was
    "**** off, you twat."

    And don't get me started on cops who wear mirrored sunglasses while
    driving around in shitty little Corsa police cars!!

    Ged
     
    Ged, Sep 20, 2007
    #7
  8. james0753

    platypus Guest

    Hot Fuzz.
     
    platypus, Sep 20, 2007
    #8
  9. james0753

    Des Guest

    How can he 'admit guilt' to an offence that was not committed?

    If there's no 30 limit on that road, then how can he be prosecuted for
    going over 30 ?

    Has the UK gone so far down the tubes that a copper's word carries more
    'weight' than the rider's (as it, sadly, does here)?

    D.
     
    Des, Sep 20, 2007
    #9
  10. james0753

    Des Guest

    Was he in a marked car (or one that had blue lights behind the radiator
    grille etc)?

    If not, I'd not have stopped for him.

    D.
     
    Des, Sep 20, 2007
    #10
  11. james0753

    platypus Guest

    Wha..? ****'s sake, don't be such a sheep. At least go and get some sort
    of legal advice. If he's done you for 50 in a 30 - and there is no 30, and
    this can be demonstrated - then he's wrong, you're right, and he can stand
    up in court and explain himself. In fact, it will probably never get to
    court, once the CPS hears your side. Get a brief. It's not all cut and
    dried just because he's browbeaten you into signing something at the
    roadside.
     
    platypus, Sep 20, 2007
    #11
  12. james0753

    james0753 Guest

    the advice above I got was if I've signed the ticket then i've
    admitted I was at fault.
    I have checked the speed signs as pointed out above, there are no
    30mph signs, so does this negate the fact I signed the ticket?
     
    james0753, Sep 20, 2007
    #12
  13. james0753

    platypus Guest

    If he was screaming at you, falsely accusing you of breaking a 30 limit,
    confiscating your bike keys and voicing a determination to find something
    else to charge you with, then I'd call that duress.

    Talk to a solicitor.
     
    platypus, Sep 20, 2007
    #13
  14. james0753

    Des Guest

    You can 'confess' to a murder that you didn't commit, too. That doesn't
    mean you're going to get gaoled for it.

    D.
     
    Des, Sep 20, 2007
    #14
  15. james0753

    Ged Guest

    Ah, the sweet innocence of youth!

    Ged
     
    Ged, Sep 20, 2007
    #15
  16. james0753

    Des Guest

    'that doesn't mean you're not going to get gaoled for it' != 'you're not
    going to get gaoled for it'.

    You're welcome, son.

    D.
     
    Des, Sep 20, 2007
    #16
  17. james0753

    Fr Jack Guest

    There's several stretches of the A57 called Liverpool Road, some of
    which do in fact, have a 30 limit.

    Care to be more specific?
     
    Fr Jack, Sep 20, 2007
    #17
  18. There is only one reply.

    Tell him you'll see him in court.

    Oh, too late.

    If you can be arsed, google my rant about getting done in Wales a few
    years ago.

    I have some stuff in black and white that North Wales Plod would not
    want made public - <cue the black helicopters over southern spain>.

    --

    Paul.
    CBR1100XX SuperBlackbird (Buen mueble de patio)
    And a pushbike of some sort.
    BOTAFOT #4
    BOTAFOF #30
    MRO #24
    OMF #15
    UKRMMA #30
     
    Paul Carmichael, Sep 20, 2007
    #18
  19. <ding>

    Some cunts are just cunts, uniformed or not.

    If it was me ('cos I'm bloody-minded enough), I'd put in a NG to
    countermand the FPN the copper gave me and wait until my day in court.
    In the meantime I'd get my brief or a Notary Public to take a trip along
    the road with me and swear to the non-existence of a 30mph limit. Not at
    any time tipping off the CPS as to why the NG plea.

    Oh the fun in court to be had at the uniformed bully's expense.
    --
    Dave
    GS850x2 XS650 SE6a

    Teach a man to fish and he and his pikey mates will have the
    river cleaned out in a day.
     
    Grimly Curmudgeon, Sep 20, 2007
    #19
  20. james0753

    Pip Guest

    I'd say it does. He accused you of exceeding a 30 limit - you knew,
    and admitted, you were doing more than 30. You didn't realise that
    there was no 30 limit, therefore no offence has been committed.
    Copper's a hormonal fuckwit, you're in the clear.
    I would too. I'd have started taking notes of what the copper was
    screaming, I think - and I would not have handed my keys over, either.
    Deffo.
     
    Pip, Sep 20, 2007
    #20
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