MegaSack DRAW - This year's winner is user - rgwb
We will be in touch
I'll fes up, I got caught speeding at the weekend. Camera clocked me, 40mph in a 30 zone. Fair cop and all that, no mitigation, totally my fault and not intention of trying to excuse it.
Anyways, got my Notice of Intended Prosecution from Police Scotland yesterday. my question though is about this paragraph:
[i]I further give notice that should the matter be reported to the Procurator Fiscal, consideration may be given by them, as an alternative, to proceed under the Road Traffic Act 1988, Sections 2 or 3 (Dangerous or Careless Driving[/i]
Is this standard text that goes into all NIP's for speeding or is that particular to the fact that I was so far over the limit and therefore indicating potential that Dangerous or Careless Driving could be used instead?
3 points and a fine for speeding are easy enough to just accept but I will be really pissed off (with myself) if I end up with more points or a careless driving record.
What is the likely outcome?
40mph in a 30mph, I would say is careless & dangerous driving.
You'll prob just get the 3 points and fine though.
It means that if the procurator fiscal considers that the speed evidenced in the report file warrants it, they can prosecute the Driver for the other two matters. It is a standard loophole closer, and will be attached to all speeding Nips. Naughty though you were, I don't suppose 40 in a 30 will be thought too bad in the grand scheme of things.
[url= http://www.roadtrafficexpert.com/careless-driving.html ]http://www.roadtrafficexpert.com/careless-driving.html[/url]
It's standard wording. It's quite tough to prove careless driving.
40mph in a 30mph, I would say is careless & dangerous driving.
How very STW of you.
Were you in an Audi? 😉
Diving a VW?
Claim speedo was reading 30
40mph in a 30mph, I would say is careless & dangerous driving.
How very STW of you.
Nah
I cycle commute every day and see people doing the above. There are no excuses IMO.
We have speed bumps popping up everywhere because people are just getting quicker and quicker and IMO there is no need for it.
I hate driving now because there is so much aggression and speed on the roads its totally uncalled for.
The 30mph speed limit is there for a reason.
Its worded that way to encourage you to just accept the NIP and pay the fine.
The court system would collapse if everyone decided to have a day in court for a speeding fine, so they discourage it.
you said
There are no excuses IMO
I have already said
totally my fault and not intention of trying to excuse it
Thanks for your input.
40 in a 30 is still within the speed awareness course level, so I would suspect that it'd be 3 points + fine at worst....
J
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😐darthshearer
Speed awareness courses are not offered in Scotland
Do you want to try and get out of it as there is a way in Scotland, which cannot be done in England, since it is an offence to not sign the NIP?
Under Scottish law, there is precedence that you do not have to admit guilt unless under caution, signing the NIP is admitting guilt, but you are not under caution.
Therefore to 'play the game of chance', complete the NIP, BUT DO NOT SIGN IT. They will probably send another NIP to you pointing out you haven't signed it, just do the same again, just keep not signing anything they send to you in the post.
From the initial NIP date, they have 6mths to prosecute you, so what they need to do is send police to your door with the NIP, they will caution you and then ask if the driver on the NIP is you.
I admit, it's 6mths of looking out for every police car et al, as they could have your Reg number, but if you want to play, that's how you do it 😉
lynch him
What the aptly named gentleman above describes is also known as a 'time out' and as he says, there isn't yet a precedent in Scotland. Lots on pepipoo about it. But will you be the chosen one, and young policemen forevermore will learn the case law of HMA vs franksinatra? 🙂
Re your original question, it's standard wording and is required for boring legal reasons, don't sweat it, you'll be offered a ticket for that speed.
I'm not a gambling man and don't really fancy taking a chance with the time out approach.
signed NIP is already winging its way back to Fettes as we speak.
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100mphplus - that is some shocking advice.
And it sounds about as true as 84% of the drivel you read in internet forums.
Hels,
to be fair the advice 100mphplus gives is true.
Perhaps not moral, but correct
And it sounds about as true as 84% of the drivel you read in internet forums.
Complete with the irony of a made up statistic 🙄
Diving a VW?Claim speedo was reading 30
😆
Sorry, that tickled me.
🙂