Motoring Solicitor

[wileyk80]

Hi All
I urgently need advice and recommendations for a specialist motoring solicitor
I have just been fined and given three points for 35mph in a 30 zone
This takes me 12 points and I need to appeal on hardship grounds or I could loose my business

NB do not believe the tales that Cheshire Police allow 10% + 2 mph before summonsing !!!!!

 

[Donk]

...no option of a speed awareness course?

 

[wileyk80]

NP not eligible yet did one a couple of years ago and must wait 3 years
I normally accept that driving 40-60K per year the law of averages dictates that I will get one now and then but I have had 2 in 6 weeks

 

[YellowHound]

Not helpful to you but 10% + 2mph has only ever been an advisory allowance.

There was a guy called John Josephs who was fairly active. Look on Pepipoo maybe?

 

[Pauly]

I had similar and was facing a ban so I went to court and stated I need my DL to work/support my family etc and they dropped 1 point and added £300 to the fine

 

[Wills]

Flintshire police have publicly announced they operate a 10% +1 mph policy.
That’s why it’s recommended to stick to the correct tyre sizes otherwise your speedo could be incorrectly reading.
Would be interesting to run your van @ 35mph via a gps reading and relate that to the actual speedo reading...

 

[Dellmassive]

I was always under the assumption that the 10% was to cover the measurement accuracy of the device... +2mph above that could be 100% admissible in court as evidence as its above the limit and above the measurement tolerance of the device.

 

[Skyliner33]

I was always under the assumption that the 10% was to cover the measurement accuracy of the device... +2mph above that could be 100% admissible in court as evidence as its above the limit and above the measurement tolerance of the device.

Im pretty sure speedos from the factory have to be maximum 7% out.

Just found this but not sure how true it is:

The law for car speedometers in the UK
A speedo must never show less than the actual speed, and must never show more than 110% of actual speed + 6.25mph. So if your true speed is 40mph, your speedo could legally be reading up to 50.25mph but never less than 40mph.19 Sep 2012

 

[Steve H]

Hi All
I urgently need advice and recommendations for a specialist motoring solicitor
I have just been fined and given three points for 35mph in a 30 zone
This takes me 12 points and I need to appeal on hardship grounds or I could loose my business
!

I take it you've been to court with a solicitor already, then.? Or have you been fined in your absence..? And if so, then why, given the importance of your post..?

Appeals have a strict time limit, so I'd be getting the nearest for some advice in the first instance. Most run a system of thirty minutes free consultation, too.

Good luck.

And slow down..!

 

[Dieseldonkey]

I was always under the assumption that the 10% was to cover the measurement accuracy of the device... +2mph above that could be 100% admissible in court as evidence as its above the limit and above the measurement tolerance of the device.

Would suggest it's about workload on the court system and what's judged to be in the public interest to prosecute.

I'd never take 10% +2mph for granted when your driving in so many different counties.

Depending on the speed detection devices location there maybe cosine error involved. Unfortunately though this always goes in favour of the driver. ie detected speed being less than true speed. Found this link that explains how it works and you can play about with the numbers.

Sorry, it's a bit off topic.

Police Radar Cosine Effect Error

 

[Pete C]

Try the Pistonheads.com forum. There is a sub-forum specifically about speeding and the law etc.

Pete

 

[Donk]

Depends if you’re going to argue the speed you’ve been recorded at (in all honesty, depending on how - good luck) otherwise go guilty and you just want a Newton hearing.

 

[wileyk80]

This one I was moving with traffic flow
Camera is on an open A road at the time concealed by overhanging trees from the seat of a T6
I did point this out in my reply but of course the trees have now been trimmed although still partly obscure the camera
No excuses I was over the speed limit I'm just trying to keep my licence rather than go bankrupt and become a burden to the state
Sorry Donk what is a Newton hearing ?

 

[Donk]

You’re basically pleading guilty to the offence but want to appeal the sentence. So you want to stop being disqualified from driving by toting up and want to pay a higher penalty as you need your licence for a living.

 

[DaveD]

In light of the fact that you admit you were speeding, IMO, Donk is spot on, all you can do (unless legal advice differs) is to ask for some leniency because of your business situation. Of course, if you are an employer then other people's jobs might depend on you keeping your licence. (I don't condone speeding, just pointing out relevant facts).
If you go to Court I suggest you don't mention that your view of the camera was obscured by overhanging foliage, the idea is that you stick to the speed limit all the time, not just when you can see a camera, and that type of "mitigation" will probably just annoy them and they might then ask if you would have seen a child about to run out in front of you. If your view of the 30mph limit sign was obscured that would be a proper defence.
In your favour, you were speeding by a very small margin, magistrates have defendants before them doing much worse every day.
Most importantly get qualified legal advice well in advance of the next hearing, your licence is worth the cost. I have seen many competent and articulate people try to represent themselves in court, they rarely do so very successfully, the courtroom is an alien environment to most people.

 

[Loz]

Don't waste your time trying to argue the speed, they will outgun you and the result will be the same. (only they might rack up exorbitant costs proving they are right that you could end up paying)

Instead, plead guilty and wright up your case of mitigating circumstances, explain the ban will not only harm you and your business but also others (family and employees etc if you have them).
Justice can only be served on you and must not be served on others so what you write must be contrite and remorseful but must point out that a ban will drastically affect others.
Print out 4 copies (1 for each magistrate and 1 for the prosecution lawyer) that way they will read it in silence rather than read 1 copy out loud in the court, that way any reporters can't comment on what you say and your statement cannot also be challenged as it is not evidence.
Take a character witness with you to speak up on your good and hard-working nature.

Good luck.
p.s. this is from my own personal experience (not banned for being flashed at 115mph in 1997)

 

[rover220]

Hi All
I urgently need advice and recommendations for a specialist motoring solicitor
I have just been fined and given three points for 35mph in a 30 zone
This takes me 12 points and I need to appeal on hardship grounds or I could loose my business

NB do not believe the tales that Cheshire Police allow 10% + 2 mph before summonsing !!!!!

10% plus 2mph is when enforcement starts, 10% plus 1mph should be safe so 34mph in a 30.

 

[DaveD]

Given that many of us are running around on non OE wheels and tyres which might have a small effect of speedo accuracy I try hard to stick to the limit, although I defy anybody to tell me they never speed.
My tyres are 3% bigger than OE so my speedo under reads by 3% when compared to a slight over-read designed in to OE wheels / tyres, it's probably near to correct now.

 

[Carl1974]

So if I’m running 20” on my t5. How much difference is the speedo out.

 

[Loz]

So if I’m running 20” on my t5. How much difference is the speedo out.

Depends on the profile of the tyre you are running, but this is off topic as far as the OP goes.