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07-16-2008, 01:16 PM | #1 |
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What happens?
Hypothetically speaking what happens when you are flashed by a camera at 41mph in a 30 zone? also assuming there is photographic evidence of the driver...
I wud be grateful to hear your responses. thanks |
07-16-2008, 01:18 PM | #2 |
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If you got flashed by a gatso, from head on. Then it was on the other side of the road and you will not get done. Ive been flashed 3 times over the years like this.
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07-16-2008, 01:35 PM | #3 |
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Hefty fine and 6 points I guess.
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07-16-2008, 01:39 PM | #4 |
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Will that sounds a bit harsh. If it was a gatso and flashed him from behind i would imagine for 41 in a 30 it would be 3 points and 60squid fine.
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07-16-2008, 01:47 PM | #5 | |
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Yeah probably, suppose it depends which area of the country you are in. Found this site - http://www.speed-trap.co.uk/Accused_...eedVSFines.htm You could do up to 49mph without going to court in a 30mph zone, may as well do it properly! |
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07-16-2008, 02:09 PM | #6 |
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3 points / £60.
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07-16-2008, 02:18 PM | #7 |
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Would that be fresh or deep fried?
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07-16-2008, 02:52 PM | #8 |
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in this hyperthetical case it was a truvelo so it would have photographic evidence of the driver if it went to court.
what if i throw into the mix that the driver does not have a UK license and the car was not UK registered? so points are definitely out of the question, but what about the £60fine? is it payable, will the fine be more? Rumour also has it that the UK police do not have authority to access vehicle license details from anywhere else but the UK... so is this a crime if they have details of the 'alleged' driver? |
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07-16-2008, 06:02 PM | #9 | |
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http://www.truvelouk.com/speedmeasurement.phtml If not then the flash may have been a 'dummy' or not aimed at him: http://www.truvelouk.com/intelligentflash.phtml If the driver was 'caught' but the car is not UK registered then it seems that it is unlikely that it will be pursued, because it is too difficult to trace the driver: http://www.honestjohn.co.uk/faq/faq.htm?id=97 http://www.telegraph.co.uk/motoring/...9/mfine129.xml In any event - police have 14 days (starting the day after the offence) to get a NIP (notice of offending prosecution) to the registered keeper of the vehicle. If they fail to do this then it's all over. |
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07-16-2008, 06:47 PM | #10 | |
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HI needforspeed Not sure, but i can imagine that the driver was close to the white lines to trigger the flash at some speed of approach. no other cars were in front or behind. Driver has recieved a Notice of Intended Prosecution requiring details of driver. stating that if it goes to court their is photogrpahic evidence. also received within the 14days.. |
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07-17-2008, 03:02 AM | #11 | |
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The NIP has to reach the registered keeper. Presumably that is the driver, so we can also assume that the police were able to trace the car regardless of it having been registered outside the UK. The registered keeper is obliged by law to state who was driving the vehicle at the time of the offence and the driver will then receive an 'offer' of a £60 fixed penalty notice and three points as the speed limit was not exceeded by sufficient amount to warrant a court appearance. This web site has more info, but it sounds as if your man will have to suck up and pay the fine. http://www.pepipoo.com/NIP.htm |
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07-17-2008, 04:01 AM | #12 |
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07-24-2008, 04:28 PM | #13 |
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Any more news on the hypothetical situation then?
Got my 'punishment' through for my 90 mph on the M4. Got off lightly imo. 3 points £60 fine. |
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07-24-2008, 04:35 PM | #14 |
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did it go to court helen?
How did they get you?
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07-24-2008, 04:45 PM | #15 |
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No court appearance Carlos. I received the NIP which they said was backed up by photographic evidence. I requested the evidence. Yep, 2 very clear piccies of moi in the outside lane etc. Completed the form and put in a short semi-grovelling letter thanking them for dealing with my request for the photographic evidence quickly. Then offer of fixed penalty arrives. Given chance to go to court if I didn't agree - piccies told the story.
Was a copper with hand held device on a bridge. Bloody good photos though ie. clear. Was expecting it to be worse in all honesty, so shouldn't complain! Bye, bye clean licence for a while eh. |
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07-24-2008, 04:50 PM | #16 |
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hand held device? i assume a cop car then tugged you?
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07-24-2008, 04:52 PM | #17 |
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You post the great rolling pic here on the board for all to see!
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07-24-2008, 04:55 PM | #18 |
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07-24-2008, 04:58 PM | #19 |
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Provided "they`ve" responded adequately to the NIP, ie. Not failing to identify the driver. They have 6mths to bring the case to court if an offer of fixed penalty isn`t accepted. After this time, it "times out" and no prosecution can be brought.
As an example, somebodies car was photographed above the speed limit but for the life of them they couldn`t remember who was driving. If they go this route, they should first offer names of potential drivers and an explanation as to what they`re doing to determine who the driver was along with a request to extend the 28 day period (this should be enough to avoid "failing to identify the driver")obviously this should be sent as close to the end of the 28 days as possible. Then its just a case of repeating the above in slightly different ways, `till your past the 6 mth stage. Some form of reasonable diligence in keeping track of who was driving, ie mileage logs, credit card staements for filling up etc might be needed later on but if you make a point of telling them you have them and are more than happy to provide copies to them/the courts in the first instance, experience shows they wont be asked for. Most people take it on the chin and they rely on people doing that, so often when theres a few hurdles they don`t persue it unless there`s an easy case for failing to identify, etc. It`s common for them to threaten with photographic evidence that can be viewed at your local office but use that threat to your advantage, tell them the next day you have off is in 8 weeks time and you need an extension `till then, to insure the right person is named as the driver. This is much safer than asking them to send the photo. Just play them at their own game and make the reasons plausible, sorry to waffle on a bit. |
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07-24-2008, 05:03 PM | #20 |
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Mike, the photos. I received clearly show my face plain as day and the OPC at Leeds had given them my details ie. the car had been hired out to me on that day etc. Had a word with my solicitor when the photos arrived. He said "banged to rights then"
Good points you've made though on dragging it out. Definately worth a try. |
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07-24-2008, 05:06 PM | #21 |
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so it was a van helen? did you see them as you approached?
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07-24-2008, 05:11 PM | #22 | |
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Your snookered from day 1 if the cars not registered to you as someone else ie. the owner/keeper is identifying you as the driver, its then down to you to prove you weren`t driving and with a smiley snap of you sitting behind the wheel you`d need a brave brief to take it on. Maybe you have an identical twin who`s just moved to outer Mongolia to become a Melon farmer and taken a vow of silence ? |
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