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Speedometer broken. Caught on camera doing 35 in 30 area
I live in Hampshire.
While on a recent holiday the speedometer of my camper van stopped working. Even though I thought I was driving slowly I was caught on camera doing 35mph in a 30mph area in Warwickshire.
I got the speedometer fixed shortly as soon as I returned to hampshire
I have three options,
Pay £60 and do a speed awareness course in Warwickshire which would be very inconvenient
Pay the £60 fine and get points on my licence.
I can contest it.
My gut feeling tells me to contest it. What do others think?
While on a recent holiday the speedometer of my camper van stopped working. Even though I thought I was driving slowly I was caught on camera doing 35mph in a 30mph area in Warwickshire.
I got the speedometer fixed shortly as soon as I returned to hampshire
I have three options,
Pay £60 and do a speed awareness course in Warwickshire which would be very inconvenient
Pay the £60 fine and get points on my licence.
I can contest it.
My gut feeling tells me to contest it. What do others think?
Answers
Best Answer
No best answer has yet been selected by Elijay. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.You could try writing in and telling them what happened and supply the invoice for the repair to the speedometer. They may or maynot accept this. If they don't I believe you could still go for either option 1 or 2. I did this when I was clocked doing 37 mph in a 30 mph area. I had been called by my uncle's Care Call company, as he had had a fall and they had called an ambulance so needed to get there quickly. I just hadn't slowed quickly enough when I entered the 30 mph area. I had a letter from the Care Call people and the police accepted this and I wasn't prosecuted. I've never had any driving conviction or points so I was very releived. It may be worth a try.
You have no realistic chance of success with this.
If your speedo was broken and you knew it you should, by law, have stopped driving and had the vehicle recovered. No, I know few people would do so, but that that is what you would be told if you tried to use your broken speedo as a defence against a speeding allegation.
For the same reason it would be unwise to use the defective instrument as mitigation. If it is taken into account by the court it will, if anything, aggravate the offence. Imagine your cross examination in court:
Prosecutor: “So, Elijay, you knew your speedometer was broken”
Elijay: “Yes”
Prosecutor: “So you knew you had no means of accurately measuring your vehicle’s speed?”
Elijay: “Yes”
Prosecutor: “And despite this, you continued to drive?”
Elijay: “Yes”
Prosecutor: “And despite all this you expect the court to find you not guilty of speeding?”
Elijay “Err...Err...Err...”
If you opted for a court appearance and pleaded not guilty you would almost certainly be convicted. You would face a fine of about half a week’s net income, plus costs of about £350 (high because the matter was prepared for trial) plus a Victim Surcharge of £15 and three points.
Pay the £60 and either do the course or take the points, whichever you consider to be least inconvenient.
If your speedo was broken and you knew it you should, by law, have stopped driving and had the vehicle recovered. No, I know few people would do so, but that that is what you would be told if you tried to use your broken speedo as a defence against a speeding allegation.
For the same reason it would be unwise to use the defective instrument as mitigation. If it is taken into account by the court it will, if anything, aggravate the offence. Imagine your cross examination in court:
Prosecutor: “So, Elijay, you knew your speedometer was broken”
Elijay: “Yes”
Prosecutor: “So you knew you had no means of accurately measuring your vehicle’s speed?”
Elijay: “Yes”
Prosecutor: “And despite this, you continued to drive?”
Elijay: “Yes”
Prosecutor: “And despite all this you expect the court to find you not guilty of speeding?”
Elijay “Err...Err...Err...”
If you opted for a court appearance and pleaded not guilty you would almost certainly be convicted. You would face a fine of about half a week’s net income, plus costs of about £350 (high because the matter was prepared for trial) plus a Victim Surcharge of £15 and three points.
Pay the £60 and either do the course or take the points, whichever you consider to be least inconvenient.
As far as the speeding offence is concerned, I'm in total agreement with New Judge.
However what NJ hasn't mentioned is that driving a vehicle with a defective speedometer is also an offence under the Construction and Use Regulations. So you'd be admitting to the court that you'd committed an additional offence. That's hardly likely to strengthen your case for acquittal is it?
Chris
However what NJ hasn't mentioned is that driving a vehicle with a defective speedometer is also an offence under the Construction and Use Regulations. So you'd be admitting to the court that you'd committed an additional offence. That's hardly likely to strengthen your case for acquittal is it?
Chris
Thanks to all the very nice people who posted helpful answers. with your help I have almost reached my decision.
I will not contest, I can take the driver awareness course to a venue nearer to home, what galls me is that the cost appears to vary from county to county.
I might just pay the fine and get points on my licence. It is currently clean so I hope this black mark won't bump up the cost of my insurance.
I will not contest, I can take the driver awareness course to a venue nearer to home, what galls me is that the cost appears to vary from county to county.
I might just pay the fine and get points on my licence. It is currently clean so I hope this black mark won't bump up the cost of my insurance.
4 years ago I got caught speeding in Warwickshire and I did my speed awareness in Lancashire (I live in Yorkshire but at the time Yorkshire did not have any courses). You could argue that you did not know what speed you were doing but I don't think that will be accepted. I would suggest you go for option 1 but do it in Hampshire, if you can provide proof of application and subsequent completion of course to Warwickshire police they will not pursue matter any further. Be aware that if you do course and then get caught speeding again within 3 years the original offence becomes valid (that would mean extra 6 points and at least £120 fine)
If you decide to go for SAC you need to book within 14 days of date of receipt of letter and complete course within 140 days. I suggest you get your skates on and get it booked.
See https://www.drivetechsas.com/hampshire/
My SAC cost me £80 but that was for full day course 4 years ago so £74 is not so bad in comparison.
See https://www.drivetechsas.com/hampshire/
My SAC cost me £80 but that was for full day course 4 years ago so £74 is not so bad in comparison.
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