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#Post#: 89754--------------------------------------------------
Alleged 40mph in a 20 + Wheelies and Weaving
By: tyronejiggles Date: September 13, 2025, 6:14 am
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Hello all,
I would be grateful for some advice on my situation. I have
received a Single Justice Procedure notice for a motoring
offence and have submitted my plea, but I am now unsure of the
next steps and the best way to prepare my defence.
The Situation:
Date of Alleged Offence: 12th March 2025
Charges:
Speeding - exceed 20 mph - Local Order (alleged speed 40 mph)
Drive a mechanically propelled vehicle without due care and
attention
My Status: I am a "new driver." I got my full motorcycle license
in June 2023, so the offence date falls within my first two
years. I currently have a clean license. My main goal is to
avoid getting 6 points and having my license revoked.
Plea: I have already responded to the SJP online and have
pleaded NOT GUILTY to both charges. This was submitted around
two weeks ago, and I have a screenshot confirmation, but I have
not heard anything since.
The Officer's Statement & My Defence:
The officer's statement alleges that he was in a marked police
vehicle and saw me on my Yamaha MT-07 riding at speed,
performing "wheelies," and "weaving in and out of traffic."
My defence is based on the following points:
Contesting the Speeding Charge:
The statement of facts claims "The speed recorded by means of
Speed LTI 20/20 was 40 miles per hour."
I strongly believe this is an administrative error. The
officer's narrative does not describe him stopping to use a
laser device. He saw me for approximately 10 seconds while he
was also driving. I believe it is highly improbable, if not
impossible, for him to have obtained a valid reading with an LTI
20/20 from a moving vehicle in these circumstances. I believe
his assessment of my speed was an estimate.
Contesting the "Without Due Care" Charge:
I deny the allegations. I will be pleading not guilty on the
basis that I was not riding in the manner described (no wheelies
or dangerous weaving).
Key Evidence:
The officer's statement mentions two pieces of video evidence:
body-worn video (marked QDC/1) and CCTV (marked QDC/2). I have
not yet seen any of this video evidence.
Previous History:
For full transparency, I have no points on my license. However,
I did a Driver Awareness Course around June 2024 which was
offered in lieu of prosecution for what I believe was also a
"driving without due care" allegation.
My Questions for the Forum:
- After pleading "Not Guilty" via the SJP online portal, what is
the usual procedure and timeframe for receiving a court date for
the first hearing? Should I be proactively contacting the court
to confirm they've received my plea?
- What is the correct procedure and timing for requesting the
disclosure of the video evidence (QDC/1 and QDC/2) from the CPS?
This seems critical to my entire defence.
- How strong is the challenge against the alleged LTI 20/20
speed reading? How can I best argue in court that this was
likely an administrative error and that the evidence is just the
officer's opinion of my speed?
- Given that the "due care" charge is currently my word against
the officer's, what is the best strategy for preparing my
defence before I get to see the video evidence?
- What are the likely penalties if I am found guilty of one or
both offences? Is there any realistic way to avoid a license
revocation if I do end up with 6 or more points?
Thank you in advance for any guidance you can offer.
#Post#: 89764--------------------------------------------------
Re: Alleged 40mph in a 20 + Wheelies and Weaving
By: Freecall Date: September 13, 2025, 7:01 am
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Without commenting on your case which you have described or the
actions you have taken so far, addressing your specific
questions:
[quote author=tyronejiggles link=topic=8040.msg89754#msg89754
date=1757762090]
My Questions for the Forum:
- After pleading "Not Guilty" via the SJP online portal, what is
the usual procedure and timeframe for receiving a court date for
the first hearing? Should I be proactively contacting the court
to confirm they've received my plea?
You will receive a postal requisition to attend court in order
that the matter can be case-managed (formally enter your plea,
set a trial date, order a timetable for service of evidence and
so on).
- What is the correct procedure and timing for requesting the
disclosure of the video evidence (QDC/1 and QDC/2) from the CPS?
This seems critical to my entire defence.
Evidence which the prosecution will rely on will be disclosed
in compliance with the timetable set by the Court at the case
management hearing (often referred to as an NGAP court).
- How strong is the challenge against the alleged LTI 20/20
speed reading? How can I best argue in court that this was
likely an administrative error and that the evidence is just the
officer's opinion of my speed?
The officer will be called as a witness (whom you or your
solicitor can cross-examine), you have not told us what your
reasoning is for your view that this matter "was likely an
administrative error and that the evidence is just the officer's
opinion of my speed" so no idea.
- Given that the "due care" charge is currently my word against
the officer's, what is the best strategy for preparing my
defence before I get to see the video evidence?
You don't need to do anything at present but I would think very
carefully about your interpretation of events compared to that
of the officer. Do you really think that you have a defence
given that you can be pretty certain that the court will be able
to see for itself what actually happened?
- What are the likely penalties if I am found guilty of one or
both offences?
Careless driving will attract a fine (which can be wide-ranging
in amount depending on the severity of the offence but from what
you say probably something like Band B to C fine or 100-150% of
your relevant weekly income). You will also receive points on
your licence of between 3 ad 9 points or a disqualification if
the matter is considered to be serious enough. From what you
say, the most likely is probably at the lower end of this range,
perhaps 3-6 points - but of course nobody on here saw what
happened so we can't really know.
- Is there any realistic way to avoid a license revocation if I
do end up with 6 or more points?
No, this is an automatic administrative matter handled by the
DVLA.
Thank you in advance for any guidance you can offer.
[/quote]
#Post#: 89781--------------------------------------------------
Re: Alleged 40mph in a 20 + Wheelies and Weaving
By: Southpaw82 Date: September 13, 2025, 8:19 am
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The most obvious question is why is the police officer (or
officers) saying that you were pulling wheelies and weaving if
you weren’t? That’s hardly a matter of interpretation,
particularly if it’s caught on camera.
Or is the reality that you’re seeing what they might be able to
prove, rather than what actually happened?
#Post#: 89783--------------------------------------------------
Re: Alleged 40mph in a 20 + Wheelies and Weaving
By: NewJudge Date: September 13, 2025, 8:37 am
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The speeding offence is likely to attract six points.
How fast do you believe you were travelling?
#Post#: 89811--------------------------------------------------
Re: Alleged 40mph in a 20 + Wheelies and Weaving
By: mickR Date: September 13, 2025, 12:32 pm
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what did the officers statement say regards where he was, ie
parked up assessing traffic, driving along the carriageway,
stationary in traffic??
where do you think he was?
#Post#: 90324--------------------------------------------------
Re: Alleged 40mph in a 20 + Wheelies and Weaving
By: tyronejiggles Date: September 17, 2025, 3:58 am
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[member=4]Southpaw82[/member]
The reality may be more that I am trying to see what they can
prove. Would that be an unadvisable approach?
#Post#: 90325--------------------------------------------------
Re: Alleged 40mph in a 20 + Wheelies and Weaving
By: tyronejiggles Date: September 17, 2025, 4:00 am
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[member=75]mickR[/member]
The officer was at a red light at a junction where I turned left
(he would've been on the right, perpendicular at the red light,
thus now behind me once I'd turned left). I am 100% sure he was
simply stopped at a red light but moving in traffic (wasn't
parked). I know he didn't use a Speed LTI 20/20 device, if you
read his witness statement, it's made clear that all his
observations of my speed are clearly based in estimates and he
likely chose the wrong charge from a template.
#Post#: 90326--------------------------------------------------
Re: Alleged 40mph in a 20 + Wheelies and Weaving
By: tyronejiggles Date: September 17, 2025, 4:01 am
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[member=97]NewJudge[/member]
Unsure, but definitely not 40mph.
#Post#: 90327--------------------------------------------------
Re: Alleged 40mph in a 20 + Wheelies and Weaving
By: tyronejiggles Date: September 17, 2025, 4:05 am
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[member=2258]Freecall[/member]
Thank you for your in-depth response. My main issue is avoiding
revocation. Should I admit guilt, do you think I stand any
chance of avoiding revocation given the below mitigation:
- Genuine remorse shown with an apology read
- This alleged offence occurred over 6 months ago now, and I
have had no motoring or otherwise issues with police since
- I've since upgraded my license from A2 to A around 2 months
ago in order to improve my skills and awareness as a result of
this offence
- I understand the typical case for a new driver is points over
disqualification, however revocation has significantly greater
consequences in my unique case: specifically, a driver can
simply retake their theory and book a practical test for about
less than 100 quid. In my case, I'd have to retake theory, CBT,
mod 1 and mod 2 (£600 at a minimum), wait another 2 years, then
retake my A test (another set of mod 1 and mod2, another £600
minimum). This is a far greater punishment than for a driver who
could be back to where they were within a week.
#Post#: 90328--------------------------------------------------
Re: Alleged 40mph in a 20 + Wheelies and Weaving
By: mickR Date: September 17, 2025, 4:06 am
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where does it state he was using an LTI20/20 ?
you say his statement makes it clear it was his estimation.
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