Offr Speeding

Discussion in 'Finance, Property, Law' started by scotstab, Jun 7, 2012.

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  1. Subbie in a flap - I have just received an intent to prosecute from the fife constabulary with no mention of going to court or a fixed penalty notice. They are asking if i was the driver, which of course i was. I was doing 53Mph in a 40 zone over a stretch of motorway works. Could this go either way and i will receive a fixed penalty or will i have to go to court once i have confirmed i was driving? Also I'm a regular offr (despite my tag) do i need to inform anyone or can i wait until i receive my summons if it comes to that?
     
  2. One word - integrity
     
  3. I'd tip you hat to the OC/Adjt that you've been caught, and the possible outcomes. Better that now, than the inevitable 'and why didn't you inform me at the time?'
     
  4. Admit it to the police, send a letter begging, first offence blah blah, stupid mistake and offer to pay the fixed penalty.

    Dont tell the army unless you get a summons.
     
  5. can you post a scanned copy of the letter you have received so I can have a look at it?

    read through it carefully - the reference to an intent to prosecute probably refers to the fact that they intend to prosecute you if you fail to admit to being the driver and / or refuse to pay the fixed penalty which follows.

    very unlikely you will have to appear in court for this (although scots law differs from english law I can't imagine it differs too greatly in relation to an offence like this). the only reason why you might is if there is more to this than mere speeding - e.g. dangerous driving etc....

    I was in the ranks and I never informed anyone when caught speeding; there were never any repercussions - whether it is a different matter for ruperts i couldn't tell you...
     
  6. Cough to being the driver, you'll probably get a fixed penalty and 3 points, there is no guarantee of this.

    As PA rightly says, integrity.
     
  7. Deny everything Baldrick!
     
  8. service test
     
  9. An average of 53mph in a 40mph zone, particularly over a decent distance is actually quite high, so expect an FPT for at least 3 points and £60 and if you get that, consider yourself lucky. If it's around the roadworks either side of the Forth Road Bridge, it could be a higher penalty as the average speed zones are there to protect workmen.
     
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  10. It goes to the Procurator Fiscal if a fixed penalty is offered, then either refused or not responded to. The NIP just preserves the Crown's position in the event that other driving charges are added/replaced by the PF which is unlikely.

    Having said that, 53 in a 40 is likely to be 3 points and £60 - even if after an initial not guilty, disclosure and taken as far as the JP Court before the guilty plea is entered (at least this was the case a couple of years back)!
     
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  11. Which, from my point of view, he has not failed.
     
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  12. My bold, I received one of these notices, about three years ago, for doing 93mph in a seventy zone on the M74. When I phoned the place that issued the notice, to see if I had to travel up to Scotland to go to court, they said it had been issued in error, and instead I got a fixed penalty notice.
    Try a phonecall to the Issuing Authority to clarify your position, worked for me.
     
  13. Of which there were none when I passed miles of average speed regulated "roadworks" (most of which consisted of cones at the sides of the otherwise normally operating lanes) there on Sunday.
     
  14. Hang you're head in shame............ The man deserves a flogging.
     
  15. My understanding is that driving up to the national speed limit when works are not ongoing, eg Sundays, PH's etc are not pursued, certainly on the civilised side of the bridge :)