Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: JulianV on May 27, 2025, 11:58:03 am
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Not sure that we need 5 posts to tell the OP that the straws he's clutching at aren't there.
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There is your evidence - "Officer said he witnessed my speed being up to 90mph". The sworn testimony of a traffic police officer corroborated by the speedometer in his car.
Sworn testimony can be challenged at trial of course but on what basis?
As others have said, accept the COFP and put it down to experience.
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Given that it's likely to be around 4 months after the offence, if I decided to contest, how likely is it that the officer will retain notes or accurately recall the details?
This isn't crime of the century - a simple excess of the limit.
It would be high risk to plead not guilty at court. Whilst 90mph would still be 3 points if found guilty at contested trial but it's the costs (£620), income-related fine and surcharge (40% of fine) that would hurt.
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Given that it's likely to be around 4 months after the offence, if I decided to contest, how likely is it that the officer will retain notes or accurately recall the details?
The TOR (Traffic Offence Report) they submitted after the event, which resulted in the offer of the fixed penalty, will be their "notes".
Given the costs involved in losing a contested case at court ( and you don't seem to have any actual defence in mind), I'd think carefully about accepting the offer.
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Given that it's likely to be around 4 months after the offence, if I decided to contest, how likely is it that the officer will retain notes or accurately recall the details?
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Do you dispute that you were exceeding 70mph? If you were doing in the region of 80 or more, then the officer's witness statement would be enough evidence, as long as they come across as credible enough to tell the difference between 70 and 80+ (which any traffic officer would). If you really think you were doing less than 70, then what do you plan on using as an argument? Otherwise you'd only be debating how much over 70 you were doing, and you've been given the best offer you'll get.
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Am I able to request the evidence prior to accepting this Conditional Offer?
Yes.
Will you get any? Almost certainly not - that will be a matter for a prosecution if you do not comply with the offer to dispose of the matter.
Video evidence is not required. The officer's witness statement and corroborated speedo reading is sufficient. (The speedo doesn't even have to be 'calibrated')
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Stopped on 05.03.25 by unmarked car.
Officer said he witnessed my speed being up to 90mph. He said I was around 85 and he "probably wouldnt have pulled me over had I stayed there". I don't recall seeing any video to support that and neither does my passenger recall me being shown any.
Am I able to request the evidence prior to accepting this Conditional Offer?
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