Land Rover Discovery 4 - Speeding offence NIP

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Tue 18 Sep 2012 12:53
Land Rover Discovery 4 - Speeding offence NIP - eddietheo
Hi, I have also recently been Sent Notice of intended prosecution for a speeding offence. Since both myself and I were possible drivers of the car at the time I requested photographic evidence of the alleged office. We were doing 57mph on a 50mph stretch of the M4(Severn Bridge toll booths)

Upon review of the photo evidence it is NOT clear who the driver is. However we BOTH have clean licences but I am a professional Driver and obviously my licence is more important than my wife's. My question is that if I provided my wife as the driver (as i know no better) and subsequently they determine it is me then will I be in worse trouble or when responding to the NIP I send letter to I say that according tithe best of my ability it was my wife and hope that the offence just takes it natural course?

Additionally do you think that as this offence is only just above the limit ( I am let to believe it is 50 +10% + 1mph I.e. 56mph that we may be offered a speed awareness course instead?? It does seem harsh to be done for 1mph over the tolerance at 8.30 on a Saturday am!!!

Look forward to your response!!

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Tue 18 Sep 2012 15:23
Land Rover Discovery 4 - Speeding offence NIP - Armitage Shanks {p}

New guidelines for allowing offenders to attend speed awareness courses are

The thresholds under which the courses will operate have been laid

down by ACPO and are at the prosecution threshold of 10% +2 mph to

a maximum of 10% +9 mph over the statutory limit. However it is a

bandwidth within which a police force may consider diverting an offender

and this does not remove local decision-making using the attendant

circumstances which may well warrant an alternative method of disposal,

such as taking no further action, a warning letter, conditional offer a

fixed penalty, or summons.

However, they are just that, guidelines. It is possible to be prosecuted for 32 in a 30.

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Tue 18 Sep 2012 15:43
Land Rover Discovery 4 - Speeding offence NIP - Dwight Van Driver

As stated putting up someone other than the driver in these cases is looked upon with some severity - perverting the course of justice - and could lead to a spell behind bars.

Of the two it is not known who the driver was???????????

If this excuse is used the court proceedings will follow and fine and 6 points. There is a defence under RTA 88 in that a person shall not be guilty if he shows he did not know an could not with due dillegence ascertian who that driver was. Whilst the excuse, which may be correct, has been flogged to death and Magistrates extremely sceptical without some compelling evidence more so when only two possible drivers involved.

Regarding the SA Course, approach the SCP and see if they will offer it.

dvd

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Wed 19 Sep 2012 10:45
Land Rover Discovery 4 - Speeding offence NIP - Peter D

Surely you can recall who paid at the tolls. A small amount of processing of the picture should reveal an outline of the driver. Remember that the picture if a frame from a continuos video/DVD so there are much closer shots of you. Regards Peter

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