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Legal matters

Speeding ticket

32 replies

Aurea · 21/10/2019 16:51

I have been sent a speeding ticket (65 miles in a 50). I am the registered keeper of the vehicle. This happened on an unfamiliar dual carriageway. It was late at night and the 50 mph stretch of road that caught us was only 500 m long at 50 mph, then back up to 70mph. It wasn't intentional, in fact we put the cruise control under the speed limit so as to avoid speeding.

My issue, however, is that I was with my husband on a long 8 hour journey, sharing driving. We cannot remember who was driving on that particular stretch of road. Any advice?

Thanks!

OP posts:
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MarieG10 · 23/10/2019 15:11

You need to be careful taking the points unless you know it was you. Look at the picture first. You don't want the police thinking you are doing it deliberately.....Chris Holme/Vicky Price?

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Nicknacky · 23/10/2019 12:24

If I’m reading the op’s posts correctly then the offence occurred in Scotland and we don’t have Speed Awareness courses anyway.

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swingofthings · 23/10/2019 10:39

I find it very hard to believe that taking the time to work back your journey, neither of you can truly recall who was driving there. Surely you didn't swap every 1/2 hour? Start from the start and work your way through the journey mentally.

Course awareness won't be an option as above 10%. I was caught in the exact same configure, sudden reduction to 50 from 70 on dual carriage way before reaching a roundabout. It's very common. I was only doing 56 though so was offered the awareness course which I did.

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Collaborate · 23/10/2019 07:35

@daisychain01 there is some appallingly poor advice on here isn't there? Why does everyone think they're a lawyer?

Tell the truth as you know it. Look at places you will have stopped to change drivers. This is what the police advise:
www.askthe.police.uk/content/Q618.htm
SPOILER: None if it suggests flipping a coin.

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daisychain01 · 23/10/2019 07:05

It's difficult to believe this is the Legal Advice Board!!

OP only supply the facts to the best of your knowledge. If you genuinely cannot remember which of you was driving at that specific time, then you'll have to go with your best knowledge with no attempt to deliberately skew the facts. Arguably if you both carry clean licenses with no points, then you know your motives are not influenced by 'taking the points'.

It would be reasonable that if you are the registered keeper of the vehicle that you declare you were driving it at the time.

Don't muck about with insurance quotes - if that stunt were to go badly wrong and you are declined insurance cover through malpractice you have a bigger problem for something that is relatively simplistic.

Do think about a speed awareness course if you are allowed to do it. I have done one, and it was very useful, and kept my clean license so it was really worth it.

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NerrSnerr · 23/10/2019 06:40

Have you looked at the road on Google maps. The satellite view might jog your memory as to who was driving. You might recognise the lay-by you changed over on.

It really doesn't matter about it being an unfamiliar road or it being dark etc. That is completely irrelevant, you (or your husband) should have been paying attention.

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Babynut1 · 23/10/2019 06:20

* Get two insurance quotes, one with the points on each of you, and see which is cheaper!*


^^
For god sake don’t do this, insurance companies have systems that search for discrepancies between quotes and polices.

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daisychain01 · 23/10/2019 05:09

Once you have ascertained who the driver was, you could apply for a Speed Awareness course, you are just about on the threshold and having a clean license they may be willing to let you.

The cost is £ 100 approx, you enrol online and attend a course in your area. It means you don't pick up points, you don't have any impact on your insurance as you don't need to declare it, and you will benefit from a useful 4 hours of information.

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HugoSpritz · 22/10/2019 19:34

This reply has been deleted

Message withdrawn at poster's request.

DontLookBackIntoTheSun · 22/10/2019 19:31

If they cannot, it is a valid defence to the charge.

No, it is not a valid defence. A registered keeper needs to show “that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was”
It is reasonable diligence to work out who was the driver when the offence occurred only days before the s172 notice was received.

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ProfessorSlocombe · 22/10/2019 10:16

Just pick one of you and get it over with.

Not very good advice if it's the wrong person though. You just end up with a much more serious problem.

OP needs to write back to the issuing body explaining what they have explained here, and ask if there is any more evidence they can provide to help ascertain the person who was driving. If they cannot, it is a valid defence to the charge.

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johnd2 · 21/10/2019 21:57

Get two insurance quotes, one with the points on each of you, and see which is cheaper! Sounds like you are a careful and considerate driver and this has knocked you back a bit, but rest assured it doesn't reflect badly on you and it happens to many people! That's why the points can go up to 12! You'll have much safe driving to come, and you'll know about that junction in future.

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beckyvardy · 21/10/2019 19:58

You should at least paper, scissors stone op.

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Aurea · 21/10/2019 18:26

There were lay-bys on the road so we didn't need to leave it to switch over.
Dual carriageways in Scotland often have lay-bys on the actual A road.

I think I will pick up the points as it's my car. Thanks anyway.

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PennysPocket · 21/10/2019 18:13

Flip a coin.

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Irisloulou · 21/10/2019 18:08

Names in a hat!

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DontLookBackIntoTheSun · 21/10/2019 18:05

Who started driving? Where did you stop and change over drivers? It should be easy to work out who is responsible

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Aurea · 21/10/2019 17:57

No points ever (so far) for either of us in 30 years of driving.

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Aurea · 21/10/2019 17:51

Thanks!
We'll try and rethink the route again. We only know it's a a 500 m stretch via google as we assumed the whole dual
Carriageway was 70mph. It was by a very quiet section of road in the dark by a junction (which is probably busy during the day but quiet at night). According to the web,loads of people have been caught here as it's not so obvious.

OP posts:
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Bofster37 · 21/10/2019 17:51

I have been sent a speeding ticket (65 miles in a 50). I am the registered keeper of the vehicle. This happened on an unfamiliar dual carriageway. It was late at night and the 50 mph stretch of road that caught us was only 500 m long at 50 mph, then back up to 70mph. It wasn't intentional, in fact we put the cruise control under the speed limit so as to avoid speeding.

Why did you include all this in your post? Confused

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beckyvardy · 21/10/2019 17:48

Who had the most points already? 😂 then say it was the other one. (Am kidding)

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LIZS · 21/10/2019 17:26

Photo may be on reverse of nip.

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ItsGoingTibiaK · 21/10/2019 17:22

So you remember the specific stretch of road, the length of it, the speed limits at either end and the fact that you had intentionally put on the cruise control, but not which of you was actually at the wheel? Chinny reckon!

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RB68 · 21/10/2019 17:19

They usually provide an online photo service to view the picture so you can work it out.

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LIZS · 21/10/2019 17:16

It should identify where on the road the camera was.

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