Free Traffic Legal Advice

Hi All

I received my first speeding fine doing 44mph in a 20mph zone with a lazer gun but I did not a NIP within 14 days so can I use it as a valid defense against the speeding charge. The officer did read my rights so is this the same as a NIP? Is this procedural failure? Is their any defense I can state ?

Pls see attached Single Justice Procedure

Many Thanks

Paul

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Magistrates’ sentencing guidelines for 44mph in a 20mph limit suggest a fine of 1.5 weeks net income (reduced by a third if you plead guilty). You will also pay a “victim surcharge “ of 40% of that fine and costs of around £90. So if your income is £500pw you will pay around £800. You will also see either a ban of up to 56 days or six points imposed.

If the “Single Justice” dealing with your case believes a ban should be considered your case will be adjourned for a hearing in the normal Magistrates’ Court and you will be invited to attend. The SJ will not disqualify you before you have an opportunity to attend court. If six points is the outcome you will simply be informed of the outcome by post.

Incidentally, your car's registration number is visible on the SJPN. You might like to consider taking it down and reposting with it redacted.

What do feel you could appeal against?

6 points is the bottom of the sentencing guidelines for this speed. It won't get any better than that. What was the fine? Does it fit with NewJudge's sentencing?

I got a speeding fine and 6 points and can I appeal against this?

Did you plead guilty? Or did you plead not guilty but was found guilty. If the former you can only appeal the sentence, but as 6 points is the least you can get it doesn't seem worthwhile. What was the fine (+ costs)?