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Category: Speeding
  1. As a sales rep I am always being flashed for speeding, now sitting with 6 points and one new letter of intending prosecution, can you help
  2. i have recieved notice of prosecution for speeding ,namely 56mph in a 30mphzone. this was commited on july29.The charge is to be heard on the 25jan 2007 at glasgow district court, recieved notice of this on the 27 dec 2006.I was wondering if there is a time limit as to when i should have been notified of said charge.thanks
  3. I was stopped for speeding on the part of the M8 that is a 50mph zone. I was not shown a radar gun or a visual image of my speed but was told that the police had a device that can be checked. Is this correct and if so what is the likely outcome ?
  4. I have just received a copy complaint setting out a speeding charge but the location referred too is wrong. It looks like a typo but can the Procurator Fiscal fix this?
  5. When recently stopped by the police for speeding on the M8 they said I would probably get a "Fixed Penalty Notice" Is this right and what is a Fixed Penalty Notice?
  6. I have received a fixed penalty but do not intend paying because i was NOT speeeding. What happens next and will I now get a higher sentence if convicted?
  7. I have just been flashed,again. I have 9 pen points on my licence and write to ask if this means I will be banned. I drive approx 20k miles per annum as an IT support worker in my own business. If I lose my licence the business will go down the pan.
  8. If I am caught speeding by a camera and my photo is taken, do I still need to pay the fine?
  9. I received a fixed penalty notice last May but ignored it. I have not received anything else, Have I got off with it?
  10. ive got a sp30 on my licence. approx 4 years ago, can they be removed now, or do,s it need to be on for 5 years thanks
  11. I sent away my details on a suspected speeding offence, video van, 77 in a 60. I don't think i signed it or i think it was in the wrong section, i have been sent an offer £60 3 pts, what next?
  12. Hi, I am an IT worker travelling accross Scotland and England most weeks. I had earlier this year been pulled over by a patrol car in Scotland and they clocked me at 99mph using a Kustom Pro Laser III. Weather was "poor", visibility "reduced" and traffic flow "moderate" as described in my "description of Locus". I have recently received the charge of speeding and need to reply to the court. Is there a chance I may lose my license or is it more likely I will get points and a fine? I have 3 points already from being caught by a mobile speed camera doing 81 on the M74.
  13. I was stopped by police at the side of the road doing 46 in after just entering a 30 zone, they asked the speed i was doing to which i replied 30, they showed me the gun which showed 46, i asked if the required checks had been done on the gun and she said they had, i asked if she was obliged to show the collaboration reciepts to which she replied no because they do not keep the reciepts in the car in case they got lost, still havent payed the fine because im waiting on my new license coming through the post, my deadline has been extended twice now, so do they have to show me the collaboration reciepts? and do i stand a chance with getting off with this?
  14. I was "double flashed"by a fixed camera at the start of the month.Having been away for 2 weeks i returned home to find a recorded delivery notice card in my post. I went to pick it up but found it had been returned to sender. I'm unsure of the next action that may be taken. Do the police only have a limited period of time to deliver the fixed penalty if indeed that is what the recorded delivery was??
  15. I've been issued with NIP for doing 65mph in 50mph section of the bypass. It was a mobile unit. I wasn't driving but I object to the fact that I have to incriminate someone else in order to "prove" my innocence. Are speeding offences exempt from the right to silence? What about 'innocent until proven guilty' and the burden of proof?
  16. i would like to know if i have been flashed by a speed camera my registration is rf04unw
  17. I was allegedly speeding by a mobile camera unit 41 in 30mph zone. I have been served a fixed penalty notice £60 + 3 points. The point where this took place was exactly where the sign used to be 30 from a previous 40 zone and it was changed without any educational articles in the local press...only a small print traffic order that few read. The posts still exist, but the 30mph roundels have been removed! The new extended 30mph limit is further out of the town and as far as I'm aware all that changed there was a 40 roundel to a 30 roundel and one small repeater sign that is waist high and obscured by oncoming traffic and it has been placed on a sharp bend opposite a bed and breakfast sign which dominates the corner. There are no street lights where the new 30mph sign and repeater sign are place and there are a lot of trees and hedges.
  18. Can you be done for speeding twice in the same day by the same camera?
  19. I was flashed by a fixed speeding camera in Parkhead, I always thought oncoming traffic to a camera on a dual carriage way was not an offence. will i recieve a NIP?
  20. i was stopped on my motorcycle on the M8 between jct 4 & 5 they said my average speed was 103 over 1.8 miles will i be banned



  1. As a sales rep I am always being flashed for speeding, now sitting with 6 points and one new letter of intending prosecution, can you help
    Yes we can. High mileage "Road Warrior" types should really subscribe to our Road Traffic Plan. See this link for more details www.roadtrafficlaw.com/Tryus.htm We deal with speeding cases nearly every day and have encountered ALL speed recording devices and situations so you will be in very experienced hands.
    Category: Speeding
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  2. i have recieved notice of prosecution for speeding ,namely 56mph in a 30mphzone. this was commited on july29.The charge is to be heard on the 25jan 2007 at glasgow district court, recieved notice of this on the 27 dec 2006.I was wondering if there is a time limit as to when i should have been notified of said charge.thanks
    You have probably heard something about "Timebar" when cases fall because they have been raised against you outwith a timelimit.As a general rule 6 months is the time limit however there are certain circumstances when the Crown can extend this period.
    Category: Speeding
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  3. I was stopped for speeding on the part of the M8 that is a 50mph zone. I was not shown a radar gun or a visual image of my speed but was told that the police had a device that can be checked. Is this correct and if so what is the likely outcome ?
    It is good police practise to show you evidence of speeding at the time but it is not fatal to the Crown case if they fail to do this. If you are the registered keeper of the vehicle you should receive a Notice of Intended Prosecution within 14 days of being stopped. (Contact us if you don't!) The device used by the police can be checked and images obtained checked before trial. The police need not provide these images until a decision has been made on prosecution but often do. We can be of more assistance to you in obtaining the photographs and checking the instrument used by the police.Best not to ask to many questions or to start demanding calibration certificates and video of incident etc as it simply prepares the ground for the prosecution.
    Category: Speeding
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  4. I have just received a copy complaint setting out a speeding charge but the location referred too is wrong. It looks like a typo but can the Procurator Fiscal fix this?
    Usually the Procurator Fiscal can amend the complaint of any typos however when they relates to something as important as location we believe we could successfully argue that since this is essential to establish proper jurisdiction the amendment should not be allowed and the case should fall. Contact us to win your case.
    Category: Speeding
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  5. When recently stopped by the police for speeding on the M8 they said I would probably get a "Fixed Penalty Notice" Is this right and what is a Fixed Penalty Notice?
    A fixed penalty notice is a document that you receive from the Procurator Fiscal's office it is designed to save courts the time and expense of dealing with minor and undisputed offences. Non-endorseable tickets are given for such offences as defective lights, no seat belt, parking offences and other similar minor matters which do not carry penalty points.This carries a fixed fine of £30 and must be paid within 28 days. An endorseable fixed penalty notice is very similar but carries a fine of at least £60 and a variable number of penalty points, depending on the offence itself. Speeding carries a minimum of 3 points.
    Category: Speeding
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  6. I have received a fixed penalty but do not intend paying because i was NOT speeeding. What happens next and will I now get a higher sentence if convicted?
    If you fail to pay a fixed penalty fine within 28 days, the fine will automatically increase by 50%. If you fail to pay that, a summons is issued for you to attend court. Due to the fact that these tickets were designed to save time, expense and inconvenience to the court you may safely assume that most Magistrates will normally increase the fine and often sometimes the number of points endorsed on the licence. Presumably you want to defend the case since you say you were not speeding. You need advise on the merits of your defence. Give us a call to discuss your case in detail and we will advise you on the merits of your casee. Call free on 0800 612 9597
    Category: Speeding
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  7. I have just been flashed,again. I have 9 pen points on my licence and write to ask if this means I will be banned. I drive approx 20k miles per annum as an IT support worker in my own business. If I lose my licence the business will go down the pan.
    If your nine points are within 3 years of the present offence (Going from offence to offence dates) then yes you are due to be disqualified under "Totting up procedures" All is not lost as you may be able to argue that "exceptional hardship" would occur if you lost your licence. If you can peruade the court that others would be affected badly,e.g.lose job, mortgage,business etc etc then you may persuade the court to impose the points but refrain from disqualificatuion. You need experienced help to win such an arguement as it is very difficult to persuade Sheriffs not to impose the disqualification that the law says they should impose!
    Category: Speeding
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  8. If I am caught speeding by a camera and my photo is taken, do I still need to pay the fine?
    Is there a technical defence to this charge even although the police have a photograph of you speeding? Yes, there can be several. One example is that the police have 14 days to serve a Notice of Intended Prosecution (Unless Hire Car or Co.Car situation), Time bar of Copy Complaint,admissibility of your answer to the NIP etc etc. We need more information to enable you to make an informed choice about how to proceed. just give us call on 0800 612 9597
    Category: Speeding
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  9. I received a fixed penalty notice last May but ignored it. I have not received anything else, Have I got off with it?
    It looks like this case will indeed be time barred and will fall. If you do receive a copy complaint in the next few weeks then you should instruct your lawyer raise a plea to the timebar issue. Alternatively just attend court and when your case calls you will be asked to plead Guilty or Not guilty. Reply that you wish a debate to be fixed on the basis of timebar. If the Sheriff asks you why explain that proceedings have been taken outwith the statutory time limit of 6 months and therefore the Crown are precluded from advancing their case by statute. We will be pleased to assist should the matter proceed. If the Crown can provide an explanation regarding the delay they may still be able to serve a competent complaint on you. Issues that might arise are that It was a company car, You have moved address since the incident. It was a rental vehicle etc
    Category: Speeding
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  10. ive got a sp30 on my licence. approx 4 years ago, can they be removed now, or do,s it need to be on for 5 years thanks
    Only needs to be on for 3 years. You can have them removed now. The charge remains as a conviction but cannot be taken into account as far as totting up provisions
    Category: Speeding
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  11. I sent away my details on a suspected speeding offence, video van, 77 in a 60. I don't think i signed it or i think it was in the wrong section, i have been sent an offer £60 3 pts, what next?
    You now have to decide if it worth defending and if you are going to engage a lawyer to defend the case. The unsigned NIP means that the prosecutor will have a document that is of very little use to him if they decide to prosecute. The unsigned NIP may provide an adminicle of evidence that you can be questioned about (If you give evidence) If you do not give evidence it will be difficult for the Crown to prove a speeding case against you. When/If the case is reported to the PF they may take the view that under s172 you have failed to name the driver and charge you with failing to provide as opposed to speeeding. My own view is that if you can afford to engage a layer then you should do so as soon as possible. (I guess I would say that, wouldn't I)
    Category: Speeding
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  12. Hi, I am an IT worker travelling accross Scotland and England most weeks. I had earlier this year been pulled over by a patrol car in Scotland and they clocked me at 99mph using a Kustom Pro Laser III. Weather was "poor", visibility "reduced" and traffic flow "moderate" as described in my "description of Locus". I have recently received the charge of speeding and need to reply to the court. Is there a chance I may lose my license or is it more likely I will get points and a fine? I have 3 points already from being caught by a mobile speed camera doing 81 on the M74.
    Hi, I am afraid that it depends upon what area of Scotland that you were prosecuted in! Some Sheriffdoms are more lenient than others. Since you were below the magic 100mph I would expect you to receive a 6pp endorsement and a fine in most areas.
    Category: Speeding
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  13. I was stopped by police at the side of the road doing 46 in after just entering a 30 zone, they asked the speed i was doing to which i replied 30, they showed me the gun which showed 46, i asked if the required checks had been done on the gun and she said they had, i asked if she was obliged to show the collaboration reciepts to which she replied no because they do not keep the reciepts in the car in case they got lost, still havent payed the fine because im waiting on my new license coming through the post, my deadline has been extended twice now, so do they have to show me the collaboration reciepts? and do i stand a chance with getting off with this?
    Hi, No such thing as collaboration receipts. I think you mean calibration certificates and the answer is no they do not require to show them to you. Our advice is that you should not ask for anything. Let the lawyer dealer with it or you may inadvertently advice them of weaknesses in the Crown case. Don't know if you stand a chance of "getting off" until the crown case is checked. This would mean you would require to ignore the fixed penalty and wait for a summons or copy complaint to arrive. The lawyer will then tender a not guilty plea and request the disclosure statements from the Procurator Fiscal. He peruses the statements and other evidence and assesses your chances. He will then provide you with further advise. On the basis of the information that you have given there is insufficient to make a reasoned judgement on your chances of success.
    Category: Speeding
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  14. I was "double flashed"by a fixed camera at the start of the month.Having been away for 2 weeks i returned home to find a recorded delivery notice card in my post. I went to pick it up but found it had been returned to sender. I'm unsure of the next action that may be taken. Do the police only have a limited period of time to deliver the fixed penalty if indeed that is what the recorded delivery was??
    It was more likely to be the Notice of Intended Prosecution. The police safety camera initiative have 14 days from date of offence to serve this document or prove reasonable diligence in trying to do so. The recorded delivery slip may afford them the argument that they performed their duties as required in law. We would suggest that you let sleeping dogs lie and await the service of further documentation. At this stage you should consult a road traffic specialist about how best to proceed.
    Category: Speeding
    204 visitor(s) thought this was helpful. Do you? Yes, it was helpful No, it was not helpful


  15. I've been issued with NIP for doing 65mph in 50mph section of the bypass. It was a mobile unit. I wasn't driving but I object to the fact that I have to incriminate someone else in order to "prove" my innocence. Are speeding offences exempt from the right to silence? What about 'innocent until proven guilty' and the burden of proof?
    Hi Elaine, The NIP is a legal requirement under Section 172 of the Road Traffic Act 1988 to nominate the driver of a vehicle at the time of an alleged offence. Unfortunately, it is an offence not to comply with the request and there is case law to confirm this legal obligation even if that means incriminating yourself. In this case,you are not the driver but you will have to supply the name or names of any person who could have been driving the vehicle at the time of the alleged offence. You can supply, in letter form, the names of those who could have been driving at the time and this will be sufficient to comply withe requirements of Section 172 but do bear in mind that the Camera Safety Partnership may respond to such a letter by providing videographic evidence of the driver of the vehicle. The burden of proof remains with the Crown to prove the case "beyond reasonable doubt". I trust that you find this information useful. Neil MacGregor
    Category: Speeding
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  16. i would like to know if i have been flashed by a speed camera my registration is rf04unw
    Hi, I cannot answer you question individually. If you are the registered keeper of the vehicle you must be served with a Notice of Intended Prosecution within 14 days of the alleged offence. Regards, Neil MacGregor Solicitor
    Category: Speeding
    188 visitor(s) thought this was helpful. Do you? Yes, it was helpful No, it was not helpful


  17. I was allegedly speeding by a mobile camera unit 41 in 30mph zone. I have been served a fixed penalty notice £60 + 3 points. The point where this took place was exactly where the sign used to be 30 from a previous 40 zone and it was changed without any educational articles in the local press...only a small print traffic order that few read. The posts still exist, but the 30mph roundels have been removed! The new extended 30mph limit is further out of the town and as far as I'm aware all that changed there was a 40 roundel to a 30 roundel and one small repeater sign that is waist high and obscured by oncoming traffic and it has been placed on a sharp bend opposite a bed and breakfast sign which dominates the corner. There are no street lights where the new 30mph sign and repeater sign are place and there are a lot of trees and hedges.
    Hi, The simple answer is firstly not to pay the fixed penalty and, if the case goes to court, plead not guilty. The prosecution will make available their evidence which can be challenged when the case proceeds to trial. You may wish to contact us on 08006129597 to obtain more details. Regards, Neil MacGregor Solicitor
    Category: Speeding
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  18. Can you be done for speeding twice in the same day by the same camera?
    Denise, Unfortunately the answer to your question is YES. Regards, Neil MacGregor Solicitor
    Category: Speeding
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  19. I was flashed by a fixed speeding camera in Parkhead, I always thought oncoming traffic to a camera on a dual carriage way was not an offence. will i recieve a NIP?
    Helen, Some cameras now operate for oncoming traffic. Usually there are "bars" painted across the roadway and this will indicate if they are operating in that particular carriageway. If you are the registered keeper of the vehicle, you must receive a Notice of Intended Prosecution within 14 days of the alleged offence. If the vehicle is a works vehicle or is hired/leased the company is contacted in the first instance. Regards, Neil MacGregor Solicitor
    Category: Speeding
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  20. i was stopped on my motorcycle on the M8 between jct 4 & 5 they said my average speed was 103 over 1.8 miles will i be banned
    Hi, The speed alleged to have been attained by you is certainly within the band at which a period of disqualification may be imposed. Do you have any points on your licence at the moment? Have you ever been disqualified? That said, it is possible to persuade the court not to impose a period of disqualification and we deal with these matters exclusively. You may wish to contact us on 08006129597 for further information. Regards, Neil MacGregor Solicitor
    Category: Speeding
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