Can I be done for speeding?

**cbrookes** · 25th October 2009

Hi, after some help. Me and a freind today got pulled for doing 78 in a 40. The officer was on an unmarked bike that didnt have cameras but it did have a display saying and average of 78mph over 0.35 mile. But we were both well infront of him and he caught up at a rapid rate and surely that would be his average i.e. he was going much faster than us to catch up. Also he didnt give us any official paperwork (producer), he wrote our details on a scrap of paper, even though he had the producer notepad with him. Any help would be excelent cheers.

**super mike** · 25th October 2009

How fast were you going?

**cbrookes** · 25th October 2009

Originally Posted by super mike

How fast were you going?

The cop said 78 in a 40 but I think really it was 55/60 tops.

**Possy_99** · 25th October 2009

well the cops right then. You were speeding. simple.

**cbrookes** · 25th October 2009

Yes I know and am not proud of it but do they not have to give you a producer or get you to sign something?

**Possy_99** · 25th October 2009

maybe you'd get a more immediate (and official) response if you phone your local station and ask

**sidewinder** · 25th October 2009

They will have 6 months to send you court summons. I was caught speeding on my bike and received no producer but got banned for 4 months with a �705 fine

**burner1** · 25th October 2009

If he took your details/address etc. You're more likely to receive a notice of intended prosecution within the next few weeks (14 days is the norm, but this is from when it was posted, not when you actually receive it).

**beerman** · 25th October 2009

When I got caught doing over 100 on the motorway the policeman straight away read me my rights. He then went on to show me how their VASCAR system works (which is presumably what you caught by) and how I was caught. He told me the NIP would be in the post, about a week later I got it for a court date about a month away. As Burner said, they need to get the NIP to you within 14 days after the event.

**super mike** · 25th October 2009

Originally Posted by cbrookes

The cop said 78 in a 40 but I think really it was 55/60 tops.

Then when it goes to court don't drive and make sure you have someone very good to put this forward for you.

**cbrookes** · 25th October 2009

Thanks for all your info, much appreciated! It wasnt VASCAR the cop did say but I cant remember what it was. It was a new bike and it just showed his average speed over a distance, he said it was having video gear fitted in the next week or so so they dont have any video evidence.

**burner1** · 25th October 2009

Originally Posted by cbrookes

Thanks for all your info, much appreciated! It wasnt VASCAR the cop did say but I cant remember what it was. It was a new bike and it just showed his average speed over a distance, he said it was having video gear fitted in the next week or so so they dont have any video evidence.

Once you've go the NIP, it may be worth googling for info about statutary compliance that the police have to conform to regarding this sort of thing. After all, if you have to abide by the rule of the road, they have to abide by the procedure to bring a prosecution.

I can imagine not getting a producer may have got you a little suspect as to legallity of this pull, but bear in mind, a producer is usually to show you are insured/taxed etc. If he did a PNC check on the bike before he pulled you, that would have told him name of owner, bike colour/make, if it's taxed/insured etc. and if he was satisfied that was all above board, no real need for the producer.

**super mike** · 25th October 2009

Oh and check the things many people overlook, things like the legality of the signage.

**beerman** · 25th October 2009

Originally Posted by super mike

Then when it goes to court don't drive and make sure you have someone very good to put this forward for you.

Have to agree, if the policeman said it was 78 in a 40 you are looking at a ban.

**tiggerbiker** · 25th October 2009

one of my employees was a police officer and he told me that when single crewed they have to have someone corroborate the evidence given by the speed indicating device, usually they point to the device and ask you to tell him what it says, thus confirming the speed recorded.

he said that he was once on laser speed enforcement duty and caught a guy doing just over his tug limit, he pulled him over and showed him the speed indicated on the laser gun and asked what it said on the screen, the guy said "made in china" - my mate pissed himself laughing and told him to sod off, just slower than he arrived!!

i digress - did the police officer ask you to confirm what was displayed on his readout? if so, what did you say at that point?

**sirdave** · 25th October 2009

im sure a few years ago an old work mate of my mate got caught on his bike with his mate and they argued he couldn't have caught em both as he could only point the gun at one of em.
I know yours is different but surely he can only do one of you?

**cbrookes** · 25th October 2009

Thanks guys this is really helping and no Tigger he didnt ask either of us to read the speed out.

**tiggerbiker** · 25th October 2009

Originally Posted by cbrookes

Thanks guys this is really helping and no Tigger he didnt ask either of us to read the speed out.

did you sign any thing at the roadside?
i.e. can the officer actually prove without any reasonable doubt that he actually stopped you at all?

if he has no video evidence and he has no paperwork signed by you - its you and your mates word against his......

**cbrookes** · 25th October 2009

Originally Posted by tiggerbiker

did you sign any thing at the roadside?
i.e. can the officer actually prove without any reasonable doubt that he actually stopped you at all?

if he has no video evidence and he has no paperwork signed by you - its you and your mates word against his......

No we didnt sign anything thats what I cant understand its 2 against 1. He checked our licences but if we didnt sign anything like you say he has no evedence we were speeding surely? Also another mate was a distance back near the cop when the cop sped up to catch us so if needed he would stand up in court and say that. Surely that would prove that the 78 on his display would be higher than we were doing?

**beerman** · 25th October 2009

Originally Posted by cbrookes

No we didnt sign anything thats what I cant understand its 2 against 1. He checked our licences but if we didnt sign anything like you say he has no evedence we were speeding surely? Also another mate was a distance back near the cop when the cop sped up to catch us so if needed he would stand up in court and say that. Surely that would prove that the 78 on his display would be higher than we were doing?

I'd say just sweat it out for 2 weeks, if nothing comes in the post then the copper was just putting the frighteners on you. If you signed nothing, he has no video evidence, wasn't using VASCAR or a similar system that measures your speed then he can't prove anything in court. If it does go to court get a good solicitor who will no doubt get you off.