JMilnereatsnails Posted February 14, 2012 Share Posted February 14, 2012 Got a speeding ticket doing 62mph through a temporary 40mph where the M6 Toll meets the M42 going South. Considering that the 40mph temporary limit was shown on the overhead indicators but the 3 lane carraigeway was totally clear (the photograph will only show my vehicle present from any distance), it was a clear bright morning 08:30 am and my speed was not particularly excessive, how do you think my chances would be of appealing and getting this overturned? Link to comment Share on other sites More sharing options...
GarethRDR Posted February 14, 2012 Share Posted February 14, 2012 Average to middling. Link to comment Share on other sites More sharing options...
Eames Posted February 14, 2012 Share Posted February 14, 2012 Was the 40 advertised within a red circle, or just on the yellow flashy boards? If the answer is the red circle, your chances are zero. Its a strict liability offence with incredibily limited scope for defence. Cough up the £60 take the points and move on. (Withing the prescribed speed limit) If it was the flashy yellow ones, they are advisory only. EDIT, oh and in the eyes of the magistrates and the police 22mph over the limit will be seen as excessive. Link to comment Share on other sites More sharing options...
Stevo985 Posted February 14, 2012 VT Supporter Share Posted February 14, 2012 Slim to none Link to comment Share on other sites More sharing options...
BOF Posted February 14, 2012 Moderator Share Posted February 14, 2012 Slim. The only defence against a temporary limit is that it wasn't well sign-posted (or equivalent). If it was, then it doesn't matter how temporary it was. You were breaking a legal limit. Link to comment Share on other sites More sharing options...
JMilnereatsnails Posted February 14, 2012 Author Share Posted February 14, 2012 Yeah it was in the red circle above the carrageway, I really don't think I have any chance either but I'm going to try anyway. Do you get a ban for frivolous appeal? Link to comment Share on other sites More sharing options...
Stevo985 Posted February 14, 2012 VT Supporter Share Posted February 14, 2012 I don't think you'll get an extra ban, but as Eames said, if it was the red circle then you have no chance. Link to comment Share on other sites More sharing options...
Eames Posted February 14, 2012 Share Posted February 14, 2012 Yeah it was in the red circle above the carrageway, I really don't think I have any chance either but I'm going to try anyway. Do you get a ban for frivolous appeal? Does the appeal involve a trip to magistrates' court? If so, you'll get lumped for whatever fine they choose to impose, plus costs. If its just a "wasn't me guv" type of appeal be careful and tell the truth. As Chris Huhn will testify, perverting the course of justice carries a much larger sentence than speeding. Unless you've already got 9 points is it really worth the aggro? Link to comment Share on other sites More sharing options...
CI Posted February 14, 2012 Share Posted February 14, 2012 62 in a 40 is frowned upon Time to start worrying Link to comment Share on other sites More sharing options...
JMilnereatsnails Posted February 14, 2012 Author Share Posted February 14, 2012 62 in a 40 is frowned upon Time to start worrying Time to start worrying about what? 62 on a 3 lane motorway in clear conditions I doubt will be frowned upon. Maybe if I was passing a school or through a built-up area then yeah but not in these circumstances Link to comment Share on other sites More sharing options...
BOF Posted February 14, 2012 Moderator Share Posted February 14, 2012 Over here if your appeal fails, you get more penalty points than you would have originally got. Link to comment Share on other sites More sharing options...
Genie Posted February 14, 2012 Share Posted February 14, 2012 Say that Luis Suarez was driving. Being serious though, I wouldn't waste my time with an appeal. Not when you were over 50% above the limit. Link to comment Share on other sites More sharing options...
mjmooney Posted February 14, 2012 VT Supporter Share Posted February 14, 2012 62 in a 40 is frowned upon Time to start worrying Time to start worrying about what? 62 on a 3 lane motorway in clear conditions I doubt will be frowned upon. Maybe if I was passing a school or through a built-up area then yeah but not in these circumstancesI don't think it works like that. Their reasoning will go: "It was set at 40 for a good reason. It's not up to you to decide whether it's necessary or not, it's your responsibility to obey the instructions". Bullshit, you may think, but they hold all the trump cards. Link to comment Share on other sites More sharing options...
JMilnereatsnails Posted February 14, 2012 Author Share Posted February 14, 2012 When the Conditional Offer of Fixed Penalty arrives I'm going to respond and ask for the photo, which I'm pretty sure will look something like this - Then ask for what reason was the speed limit reduced? Do the camera enforcement agency keep track of the exact times that these limits are imposed? What if the speed limit came on a split second before I passed? Link to comment Share on other sites More sharing options...
Eames Posted February 14, 2012 Share Posted February 14, 2012 It doesn't matter why the speed limit was reduced. It was. ITS A STRICT LIABILITY OFFENCE. You were speeding.... therefore you are Guilty. Pay up and I'm sorry to say, shut up. Link to comment Share on other sites More sharing options...
Genie Posted February 14, 2012 Share Posted February 14, 2012 Then ask for what reason was the speed limit reduced? I agree with the Moonster, that isn't the point. They said 40, we aren't allowed to decide if thats the right decision or not. Link to comment Share on other sites More sharing options...
mjmooney Posted February 14, 2012 VT Supporter Share Posted February 14, 2012 The "reason" could have been anything - maybe an accident, or a fog patch or something, some way up the road, not visible to you yet, but they needed to make sure that traffic started slowing down well in advance. You can't make assumptions, you just have to obey the signs, because if you don't they'll get you. And they got you. Link to comment Share on other sites More sharing options...
CI Posted February 14, 2012 Share Posted February 14, 2012 I'd guess that will be a 6 pointer Link to comment Share on other sites More sharing options...
tonyh29 Posted February 14, 2012 Share Posted February 14, 2012 If you've got no recent previous then it will most likely be a speed awareness course rather than points Depends if 22mph over the limit is deemed dangerous / excessive .... Mine was only a mere 18mph over the limit ( still 36% over mind ) Link to comment Share on other sites More sharing options...
Stevo985 Posted February 14, 2012 VT Supporter Share Posted February 14, 2012 I'd guess that will be a 6 pointer No chance. I got done doing 47 in a 30 (not my proudest moment, not because I'm ashamed of speeding, but because I'm ashamed I didn't spot the sneaky van parked under the bridge!) and only got 3 points. That's pretty much exactly the same, percentage wise, as this case so I'd be very surprised if he got 6 points. Plus he was on a motorway, I was on a standard (albeit very wide) road Link to comment Share on other sites More sharing options...
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