hi

[aliwaqas]

Hi
Can someone help me.
I need someone who is familiar with Scottish Law
I was driving at a speed of in excess of 95 mph,by a Speed Camera placed in Mobile Van over a bridge.
I was driving on a Motorway,and it was early hours of morning on a weekend.The roads were clear.There was hardly anyone on the road.
They send a letter saying that they have proof of who the driver was on DVD system.I have to now sign a form saying I plead guilty.Then probably appear in court.I already have 3 points on my licence.
Can anyone guide please.Any help will be appreciated.If I plead guilty what might happen?I need my car for work.
Also will it appear on my CRB?

[up4it]

I dont know if there is any difference for Scotland but in England ....

I doubt they have very good proof of who the driver was as they do take a picture but this rarely shows the drivers face clear enough to make out who it is. You should ALWAYS ask for the picture they take of your car (do not mention the words 'proof' or 'evidence'), it just to establish who was driving

At 95 mph I doubt you will be offered the fixed penalty of 3pts and �60 fine, I guess you will have to go to court where you are more likely to get around 6pts and �300 fine

If you plead that you need your car for work and you could potentially lose your job then they may reduce the points you get down to 4-5 pts

With these points and the existing 3pts you already have you will still be allowed to drive but will be close to getting banned if you get caught again

Of course when you get the picture and this does not show clearly who was driving then you could ask someone else to claim they were driving instead and take the points for you, this is highly illegal but is done from time to time, if you choose to do this make sure the other person is insured to drive your car first otherwise they may get in to bigger trouble

[R1Geezer]

Just own up 95 in a 70 is probably a fixed pen if you don't pi55 them around too much. I'm fairly sure the Road traffice law is pretty much the same in Scotland to England.

[north star]

As this was in Scotland you have the opportunity of returning the S172 to the scammers but not signing it. You then to avoid the BIB when they come round to your address to try and serve a verbal S172 on you. ie do not answer the door and are 'unavailable'. You will need to do this for 6 months from when the alledged offence took place at which point it will time out. This is legal whereas previous advice is not and will see you and your accomplice banged up for perverting the course of justice.

Just re-read your question, do you have a S172?

[R1Geezer]

what answers did you read northstar? I don't think owning up and taking a fixed pen could be considered perverting the course of justice. Well perhaps on your planet!

[Twenty20]

Are you really suggesting not answering the door for 6 months, north star? That would also mean not stepping outside your house for 6 months in case they are waiting for you. I think after hiding away for 6 months he will have no job anyway so may as well take the fine and penalty points.

[New Judge]

The following applies in England & Wales, but I believe it applies equally in Scotland (but perhaps someone can correct me if I�m wrong).

First of all, the Association of Chief Police Officers issues guidelines for speeding offences to determine when a fixed penalty should be offered. For offences in a 70mph limit, a fixed penalty is normally offered up to and including 95mph, so there is a strong likelihood that a FP will be offered.

Whatever course of action is taken by the prosecutors they firstly need to establish who was driving and they should ask you this (assuming you are the Registered Keeper) when they serve a Notice of Intended Prosecution (NIP). You are obliged by law to provide these details within 28 days. If you ignore the request (and this includes returning the form incomplete or unsigned) they will not send somebody round to provide a verbal NIP as suggested by north star so you will have no need to avoid opening the front door for six months.

The next thing that will happen is that you will receive a summons for failing to provide the details under Section 172 of the Road Traffic Act. The guidelines for this offence include a fine of one and a half week�s net income and a minimum of six penalty points on conviction. All the prosecution has to do to secure a conviction is to show that they posted a NIP in good time to reach the registered keeper of the vehicle. Unless you can show good reason why it was not received (and the onus will be on you to do so) you face conviction.

Almost all of the alleged loopholes relating to speeding offences detected by camera have been tried and tested, some of them having gone as far as the European Courts. If you were speeding the best thing is to own up, hope you get away with a fixed penalty, or plead guilty if you are summonsed.

[R1Geezer]

Like I said and confirmed by the judge. 95 will in all likleyhood be a fixed pen, 3 points + �60, just own up and pay up, no contest!

[aliwaqas]

Hi
I thank you all for your advice.I have been sent a form(i dint know if its S172) .In this I have to plead guilty or not.Also it mentions that I have to appear in a court in Scotland on 7Th May.
Can anyone tell me if I plead guilty,will it appear on my CRB and affect my future job prospects?
I also dont know should I hire a solicitor or appear myself in court and how expensive will it be ie hiring a solicitor for this?
Thanks

[north star]

Regarding a NIP and a S172, the law is not the same in Scotland as it it is in England & Wales. In England & Wales as a response to an NIP and a S172 you are required to provide the information of who was driving AND sign it. If you don't (with the usual caveat of reasonable dilligence if you don't know) you will be summonsed for failure to provide. It Scotland no offense is committed if you return the S172 stating who was driving but return it UNSIGNED.
Note, it still has to be returned.
This forces the police to attempt to issue a vebal S172 on you which means that the police must physically find you and verbally request the same information. If they come round to your home then your partner answeres the door and says that you are not available. If you are alone then you don't answer the door!

We need to know from the OP what he/she has been summonsed for and a timeline of events.

My comments regarding perverting the course of justice were directed at up4it.

[Info Bank]

Yes it will show up on CRB , Disclosure Scotland up here. Most employers Dont wory to much about driving situ,s unless you Drive as a profession.
Its the Same law in Scotland as anywhere else in the UK. I take it your Lisence is a UK one.
Basicaly when you received the letter you were served and the 6 month stuff avoiding visitors at your home will not happen. More so you have now responded to it .
You have been asked to go to court in the county you comitted the offence.
Normally a letter pleading guilty or not will Do.

[aliwaqas]

Many thanks for all the advice,I think from the advice given if I own up and if I am very very lucky,I will get away with fixed penalty(God willing).I will try and plead to the judge that not having a licence might jeopardise my job prospects.Lets hope I can still drive after this.