Am A Criminal Again ! |
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m3tiko
Really Senior Member II Joined: 29-May-2005 Location: Braveheart Country..aka Pai Status: Offline Points: 1483 |
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I'm living the live of a criminal as well....I got that dreaded pleading form. Just admitted to my offence of using handheld mobile whilst driving.
I'm told 3 points and a fine is the most probable. Hoping that due to my impeccable driving history of nil points till now will keep the fine at £60 and not more. To be honest, I possibly could've argued the case as phone records would've proved I wasn't conversing. I was actually checking a text message whilst stationary at traffic lights. |
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HairyHaggis
Really Senior Member II Joined: 03-March-2008 Location: Glenrothes Status: Offline Points: 800 |
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Hey tiko ... understand ... i got the phone one week before the points come to be mandatory .... mine was a £30 fine though and a none to chuffed plod. The charge aint using your phone while driving and apparently even though you were not moving it is still an offence anyway, therefore if you pick up your phone when driving the offence has just been comitted ..... nonsense .... Just like changing the cd or radio station IMO. !
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HairyHaggis
Really Senior Member II Joined: 03-March-2008 Location: Glenrothes Status: Offline Points: 800 |
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Yeah thats going in anyway, and the car for kids, work etc .... nonsense really ... its either court or not ... ! |
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HairyHaggis
Really Senior Member II Joined: 03-March-2008 Location: Glenrothes Status: Offline Points: 800 |
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Not gonna happen Nigel, I think they would be hard pushed to be honest to ban someone for that .... Although I am admitting it, I am doing so under protest as I cannot argue the fact. I am however going to the HQ to ask to see the video though, so that I can be at peace with myself. I mean basically I was either 50 or 55 surely? Not an ... erm well he was around about 50 - 55 .... and if no video whos to say I was erm naw .... i was 30 - 35, it just stinks !!! lol
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Nigel
Moderator Group Joined: 09-November-2002 Status: Offline Points: 6941 |
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Please bear in mind I only talk from English experience, Scots law can be different (and it seems from down here is usually more sensible). You are just about to find out that two constables can witness you driving, have no speed measuring equipment between them, both form an opinion that you are speeding ........ and you're done for. And no, I'm not joking. If those two guys say you were doing "X", then without some pretty damming evidence to dissprove them, forget it, they hold the office of constable, you do not (I'm guessing you don't, as if you did you wouldn't be worrying about piffling little details) You, if you are a half decent driver, will know if you were speeding or not, if you were, and you were unlucky enough to get caught, then bad luck old chap and all the rest, but grow some and suck it up. (And I don't like the present attitude towards us polar bear stranglers any more than you do) Trying to play silly buggars in court could cost you a lot. And.......you can be banned for just about any motoring offence, look in the highway code, in fact you can, and people have been banned from driving, for standing next to a road advertising the fact plod are doing a speed check down the road. Try to wriggle if you want, but don't take it too far, courts can bite !
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Best Wishes
Nigel |
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nero
Moderator Group Just call me Tripod Joined: 15-October-2002 Location: Scotland Status: Offline Points: 3131 |
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With the information given and hopefully my correct maths - the video should be about 19.6 to 21.6 seconds long (depending on the said speed of 55 - 50 mph). Is there a minimum time you need to be recorded to verify the speed? (The fact that they've charged you suggests it's enough time) |
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Nigel
Moderator Group Joined: 09-November-2002 Status: Offline Points: 6941 |
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I'm surprised at you to be honest, you always come across as so "straight". You cannot hold a mobile phone if you are the driver,(or whilst your supervising a learner driver),whilst your engine is running and you are on the public highway, its as simple as that. It must be one of the most publicised recently dreamt up pieces of sh*te this government has come out with. People have been succesfully prosecuted for just handling a switched off phone, and this has even been reported in the news, and there has been at least one program on it I've heard on BBC radio two. Put it in a cradle, and as long as you don't crash (or your driving isn't deemed to drop below the level of a safe and competant driver, by a cunstable), then you can do anything you want with it, text, look away from the road, make calls, even play games, the law is so stupid and badly thought out. Its a crap law, in my opinion, others will dissagree of course, but a law it is |
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Best Wishes
Nigel |
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Ham328
Really Senior Member II Straight Six!! Joined: 30-December-2008 Location: The Kingdom of Fife Status: Offline Points: 542 |
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What purpose did/would this serve. No offence meant, i just don't see the point. |
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Mrs Pontipine is a nosey bint.
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Nigel
Moderator Group Joined: 09-November-2002 Status: Offline Points: 6941 |
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HairyHaggis. I've located the sentencing guidelines for you : From the Magistrates' Sentencing Guidelines:
Speed Limit Excess Speed Fine Points 20 or 30 Up to 10 MPH Half Weeks Pay 3 Points 11 - 20 MPH Weeks Pay 4 or 5 Points or Disqualification up to 42 days 21 - 30 MPH Weeks Pay 6 Points or Disqualification upto 56 days 40 or 50 Up to 15 MPH Half Weeks Pay 3 Points 16 - 25 MPH Weeks Pay 4 or 5 Points or Disqualification up to 42 days 26 - 35 MPH Weeks Pay 6 Points or Disqualification upto 56 days 60 or 70 Up to 20 MPH Half Weeks Pay 3 Points 21 - 30 MPH Weeks Pay 4 or 5 Points or Disqualification up to 42 days 31 - 40 MPH Weeks Pay 6 Points or Disqualification upto 56 days "Please note that these are guidelines only and can vary from area to area, Please also note that these guidelines should be used as a starting point only. The fines/points may go up or down due to individual circumstances. In addition, costs will probably be added. Fines and points shown above include discount for guilty plea If a "not guilty" plea is entered then if found guilty this will increase the above. Speeds in excess of the above are subject to higher fines and/or longer disquals. Very high speeds are frequently charged as dangerous driving and a custodial sentence may be imposed". |
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Best Wishes
Nigel |
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pauliexjr
Groupie Joined: 15-February-2009 Location: Bellsquarry, Livingston Status: Offline Points: 59 |
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Viewing the evidence now you've admitted the offence will as you say only be for your peace of mind. Even if you now found there is no evidence other than the plod's 'opinion', unless you are a wizard back-street barrister appearing in court or trying to contest it is futile, it's their word against yours and the PF will ALWAYS believe the boys in blue. Yes it stinks, but so do the majority of speeding 'captures'. I attended court in Dumfries having been caught on camera doing 80 mph on the M74, that's 3 mph over the statutory guidelines (70 mph limit +10% for speedo error = max permissible of 77mph) The camera operator swore on oath that he recognised me as the driver, from 9 months before and 900 metres away through a camera lens, and he targeted me as in his 'opinion' my vehicle was speeding. I tried to argue he couldn't possibly remember me from that far back in light of the number of vehicles he must have seen since. The prosecution came out with the memorable line 'Mr X is a trained operative with excellent recall, it is his job to remember drivers he observes breaking the law!' Result? 6 points and a 60 quid fine.
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I'm only here for the beer!
535i E39 in Atlantis blue Shogun Sport 3.0 V6 lpg converted ('er in doors' baby!) Yamaha XV750 trike |
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m3tiko
Really Senior Member II Joined: 29-May-2005 Location: Braveheart Country..aka Pai Status: Offline Points: 1483 |
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Oh trust me Nigel, I'm as straight as they come. Unfortunately I wasn't in any of the cars but in my van, hence no cradle or bluetooth facilities. As a good boy that I am, I didn't refute their charges and maintained what they were saying being correct. Edited by m3tiko |
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Nigel
Moderator Group Joined: 09-November-2002 Status: Offline Points: 6941 |
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m3tiko. I have a £5 cigar lighter plugging in remore bluetooth handsfree speaker mike. It allows me to put the phone in the glovebox of whatever vehicle I'm travelling in. I've decided on that course of action, as you just cannot win to be honest, it is the opinion of the safety brigade, and a lot of police officers, that mobile phone use whilst driving a vehicle is worse than drink driving (as far driver performance goes), they seem to have statistics, as ever, to back this opinion up. I cannot see the position improving for those of us (me included) that believe otherwise. |
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Best Wishes
Nigel |
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HairyHaggis
Really Senior Member II Joined: 03-March-2008 Location: Glenrothes Status: Offline Points: 800 |
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Thanks all ... For the record though, once the paperwork is returned with my date for public stoning, then I will post it up for all to gloat over :D Speedings speeding .... bottom line .... |
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Nigel
Moderator Group Joined: 09-November-2002 Status: Offline Points: 6941 |
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They are APCO guidelines, as far as I know, the clue is in the word "guideline" The max you may do, on that road is 70, not 77, like it says on the sign. You can, and people have, be reported for 71 in a 70, 31 in a 30 etc It is a requirement that your speedo overreads, so it will (or should) be showing a higher speed than you are actually travelling at. Speeding is a absolute offence, just exceeding the magic number means the offence is complete, you can only have mitigation. Policemen ( providing you don't play the arse) are well know for descretion, scamera agencies are well know for being lieing thieving scumbags (in my own opinion of course). If you know where you stand, it will make decision making easier for you. And don't forget, evertime you speed, god kills a kitten AND strangles a duckling. So think of the kittens and ducklings |
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Best Wishes
Nigel |
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pauliexjr
Groupie Joined: 15-February-2009 Location: Bellsquarry, Livingston Status: Offline Points: 59 |
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Agree wholeheartedly and unreservedly, speeding is speeding regardless of the degree. My point was more that the scamera operator claimed to recognise me 9 months after he saw me through a camera viewfinder at 900mtrs, despite the fact I was wearing sunglasses and had the visor down at the time of the offence. Incidentally, have you tried roast duckling with kitten jus? Edited by pauliexjr |
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I'm only here for the beer!
535i E39 in Atlantis blue Shogun Sport 3.0 V6 lpg converted ('er in doors' baby!) Yamaha XV750 trike |
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thepits
Moderator Group Joined: 09-July-2003 Location: far far away Status: Offline Points: 10000473 |
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(A bit like why do we need road-angels to tell us about those big yellow boxes?) |
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Cats know your every thought.
But don't care. |
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Ham328
Really Senior Member II Straight Six!! Joined: 30-December-2008 Location: The Kingdom of Fife Status: Offline Points: 542 |
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Having a road angel is a good idea Edited by Ham328 |
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Mrs Pontipine is a nosey bint.
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HairyHaggis
Really Senior Member II Joined: 03-March-2008 Location: Glenrothes Status: Offline Points: 800 |
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Well there you have it folks, the letter thumped through the door. Verdict of Procurator Fiscal Vs You .. (made me laff that bit) 6 penalty points & £200.00 fine .... However, I can pay it off at £10.00 per week starting 28th January ... letter arrived today !!! I did for a brief few days have a clean license between 17th Jan and 21st lol Edited by HairyHaggis |
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muppet 2
Really Senior Member II Z3..Apple of my eye Joined: 26-April-2006 Location: roof down getting getting a Status: Offline Points: 1586 |
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Ouch! that seems a bit steep.... that's what slows me down
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I have been diagnosed with ADHOtS. Attention Deficit Hyperactive Ohh that's Shiney
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Issy
Admin Group THE BOSS! Joined: 21-February-2007 Location: Port Seton Status: Offline Points: 4429 |
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Its a lesson to us all........................
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