Legal advice needed! Speeding in a converted N1
- Thread starter GHind
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Make absolutely sure you lodge a costs claim with the court before your appearance & in the event of a successful defence, don't get carried away in the moment & forget to claim, it's too late once you leave the courtroom. Also if it does get to court, chances are the duty CPS will look at it before you go in & decide to drop the case & not go into court. Stand your ground & insist that you go into court, otherwise you won't be able to claim costs. I did exactly this & made the CPS squirm & got £320 in costs.
Yep, you have to keep going now you’ve come this far! I’m sure they’ll bottle it on the steps of the courthouse so follow the advice from @Salty Spuds
Oh dear.....I hope it goes to court. I'd be asking the prosecutor to provide evidence of both those 'facts'. In the meantime, get a few pictures of the road at that point, proving it was a single carriageway with 1 lane in each direction. Might be worth getting a picture of the rear bumper showing no towbar
Ah North Wales Police mmmmm. It all sounds a bit iffy, so many mistakes get Rumpole he will sort them out.
Its odd alright. When I did the traffic officers course in the 90's (1994 in fact - doesn't seem like 31 years!) we did all the legislation and were told the different between class and type when it came to determining appropriate speed limits. Clearly not something TaffPlod bother with. We didn't get to go near the cars for the driving course until we'd all passed the 4 weeks of classroom.
Once a rat, always a rat.....
Oooh! Saucer of milk for Table 3Once a rat, always a rat.....
Maybe something got lost in translation
I would suggest the mention of a trailer that you didn't have and a dual carriageway that you were not upon are an evidential cock up of sufficient magnitude to torpedo it below the waterline, and it's too late for them to issue another...
Point that out to the prosecutor and I doubt you'll even get as far as explaining how can and use determines speed limits and not class. The prosecutor will most likely only get to see the case papers on the morning of court and when you tell him you weren't towing a trailer and it was single carriageway he'll likely roll his eyes and bin it off - not being able to get even basic facts correct completely undermines the credibility of anything else TaffPlod might have to say.
That easily passes the threshold for reasonable doubt.
Point that out to the prosecutor and I doubt you'll even get as far as explaining how can and use determines speed limits and not class. The prosecutor will most likely only get to see the case papers on the morning of court and when you tell him you weren't towing a trailer and it was single carriageway he'll likely roll his eyes and bin it off - not being able to get even basic facts correct completely undermines the credibility of anything else TaffPlod might have to say.
That easily passes the threshold for reasonable doubt.
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Have you asked for/seen the evidence photos?
Filled the necessary forms in today and asked them exactly what they want to prosecute me for! 60 instead of 50 or an imaginary trailer
First thing I asked for as well as the camera cal cert, wouldn’t provide me with either just told me about my V5 N1 classification. The trailer is a whole new thing!
I dont see how you have any defence? 62 is above the limit for a dual carriageway or single carriageway whether in a goods or passenger vehicle, trailer or no trailer.
Saying you didn't have a trailer or you were on a single carriageway won't make any difference will it?
Saying you didn't have a trailer or you were on a single carriageway won't make any difference will it?
I don't think they can't just change the charge during court proceedings. If, for instance, they're attempting to prosecute for exceeding LGV speed limits and it transpires the van is classified as a motor caravan, then the result will be a not guilty to the charge raised.
Correct, the charge is that the OP was exceeding the speed limit for a commercial vehicle, towing a trailer. Which he clearly wasn't. If they want to prosecute him for something else, that's a whole new kettle of lobsters. Fortunately or un-fortunately, depending on which side of the bench you're on, the time window has now closed on re-issuing a new NIP. Also we mustn't forget that the burden of proof is on the prosecution, they must provide sufficient evidence to convince the court that the OP is guilty of the charge on the NIP. Assuming the OP has been open & honest with the facts to the collective, & there aren't any skeletons in the cupboard, then the CPS have their work cutout.
If the charge is speeding in excess of class, they don’t get to move the goal posts and they will have timed out on a new charge.
If it is just speeding, there are examples of changing the charge. A chap on a motorbike being done for speeding argued that his bike wasn’t capable of the alleged speed. Beak had a trained copper test the bike on a track. He failed to get the bike even close to the alleged speed, so the beak did the biker for the speed the copper achieved!!!
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