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#Post#: 13456--------------------------------------------------
Caught by a hand held camera
DIR By: Jonk
Date: January 8, 2024, 8:56 am
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Hi there, I have just received a Notice of Intended Prosecution.
I was caught by an officer with a hand held device who recorded
me driving at 64mph on a 50mph dual carriage way. The officer
was standing on a foot bridge over the road. Thanks!
#Post#: 13460--------------------------------------------------
Re: Caught by a hand held camera
DIR By: DWMB2
Date: January 8, 2024, 9:07 am
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You will probably get more useful advice if you let us know what
you would like support with/information on.
#Post#: 13461--------------------------------------------------
Re: Caught by a hand held camera
DIR By: 666
Date: January 8, 2024, 9:08 am
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Any particular question?
That speed will normally see you offered a speed awareness
course (provided the offence was in England or Wales and you
haven't done the same course in the previous three years),
and/or a fixed penalty of £100 and three points (provided you
have no more than eight points already).
#Post#: 13462--------------------------------------------------
Re: Caught by a hand held camera
DIR By: Jonk
Date: January 8, 2024, 9:22 am
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Thanks for the replies. I have 3 points already and completed a
course in July 2021.
I wanted to know if there any challenges I can make to this
notice?
#Post#: 13469--------------------------------------------------
Re: Caught by a hand held camera
DIR By: 666
Date: January 8, 2024, 10:07 am
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--- Quote from: Jo=topic=1181.msg13462#msg13462 date ---
>
>
> I wanted to know if there any challenges I can make to this
notice?
>
--- End Quote ---
Not from the limited information you've given us.
Anyway, you can't 'challenge' a Notice. All you can do at this
stage is respond with the driver's name.
You will then get a Conditional Offer of Fixed Penalty (COFP).
The only way you can 'challenge' the allegation is to forgo that
offer and defend the charge in court.
#Post#: 13471--------------------------------------------------
Re: Caught by a hand held camera
DIR By: NewJudge
Date: January 8, 2024, 10:09 am
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--- Quote ---
> I wanted to know if there any challenges I can make to this
notice?
--- End Quote ---
You cannot challenge the notice. It is simply a notice informing
you that a prosecution is being considered.
If you mean can you challenge any prosecution that might arise
from it, nothing you have mentioned indicates that you can. But
then you haven't really told us much. Do you suspect that there
are any grounds? For example:
Are you the Registered Keeper of the vehicle concerned and if so
was the notice served on you within 14 days of the alleged
offence?
Do you suspect the speed alleged is incorrect and your actual
speed was lower than 50mph?
Do you suspect the limit was not lawfully in force or not
properly signed?
Perhaps you could help us out a little here. Meanwhile, don't
forget that, whatever issues you might have with the speeding
offence itself (or the notice), you must respond to the "Request
for Driver's Details". This almost certainly accompanied the NIP
and may even be printed on the same sheet of paper. Failure to
respond in the 28 days allowed will see you commit a separate,
more serious offence which, on conviction, carries six points
and an endorsement code which gives insurers a fit of the
vapours.
#Post#: 13480--------------------------------------------------
Re: Caught by a hand held camera
DIR By: guest46
Date: January 8, 2024, 11:57 am
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Challenge is likely to only be incorrect signage or incorrect
limit. The former is obvious from the road signage the latter
you can check via the TRO. The slimmest of chance the reading
was incorrect would require costs (to you) far in excess of the
course/fine so am not suggesting you go there!
Name the keeper at the time and post back with any prospective
defence for critique.
#Post#: 13483--------------------------------------------------
Re: Caught by a hand held camera
DIR By: Jonk
Date: January 8, 2024, 12:32 pm
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Ok thanks everyone. It was the A41 so well known it is a 50 mph
limit. My concern was how accurate a device can be given the
operator was 100 feet in the air on a foot bridge.
#Post#: 13485--------------------------------------------------
Re: Caught by a hand held camera
DIR By: tonys
Date: January 8, 2024, 2:19 pm
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--- Quote from: Jonk link ---
>
> Ok thanks everyone. It was the A41 so well known it is a 50
mph limit. My concern was how accurate a device can be given the
operator was 100 feet in the air on a foot bridge.
>
--- End Quote ---
That could make his device underestimate your speed. Meaning you
were actually faster thsn his measurement. To work out by how
much you'd need to know how high he was above the aiming point
on your car (100 feet sounds surprising) and how far away you
were when he took the measurement.
#Post#: 13500--------------------------------------------------
Re: Caught by a hand held camera
DIR By: guest46
Date: January 9, 2024, 12:54 am
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You're too far past the limit for the angle to make sufficient
difference.
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