# My wife has been caught speeding in the S4 - any advice?



## giles (May 6, 2002)

Got a nice letter from the Police this am.

My wife was caught by a speed trap (must have been a mobile one) near our home at the totally outrageously fast and excessive speed of 36mph!

This was in a 30mph zone, and I do appreciate that laws are laws, but this is very disappointing.

Am I correct in assuming that 36mph is the lowest speed possible to be done under the guidelines for a 30mph zone?

Do I just have to fill in the paperwork stating it was her driving etc and send it off or is there any hope against her getting a fine and 3 points?

If the new laws that are coming or may come had been in place I assume it would only be 1 point.

As for advice - I have already considered "don't let her drive it" or "install the Snooper that has been sitting in a drawer for ages".

But any useful advice, if there is any would be very helpful.

Thanks.


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## BreTT (Oct 30, 2002)

.soapbox on

Fit a speed limiter? My Merc has a nifty toy that allows you to limit your speed at any time. I find it useful for in town driving and roadworks, especially on the motorway.

I don't think your wife has a cat in hell's chance of getting it quashed, and I don't think it should be. There are some pretty graphic advertising campaigns on TV showing the effects of going too fast in a 30mph zone. The actual footage has been discussed here before, but the principle behind the ad remains.

.soapbox off


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## digimeisTTer (Apr 27, 2004)

Commiserations to your good lady, i had a clean driving licence for 16 years until i got nobbled twice in two years by mobile raodside pod cameras at the outrageously fast speed of 36 & 37 mph respectively both times after 8pm in the evening and not on town centre roads, thank you mr plod for making the roads a much safer place- heavy sarcasm- :evil:


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## scavenger (Jun 25, 2002)

Do they have photographic evidence of who was driving? Can you still claim you don't know who was driving and get away with it?

Check out http://www.pepipoo.com/ for information.


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## StuarTT (May 7, 2002)

BreTT said:


> Fit a speed limiter? My Merc has a nifty toy that allows you to limit your speed at any time. I find it useful for in town driving and roadworks, especially on the motorway.


Hi Brett,

the TT has one as well, but it doesn't stop you speeding. When you exceed the set speed it sets off a beep and a speeding symbol is show on the dash screen. But it doesn't stop you exceeding the set speed.

Greetings from sunny Luxembourg.


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## Rogue (Jun 15, 2003)

IIRC, she could be able to opt for taking a driving safety course instead of the fine and points.
I can't remember if this was a scheme being piloted in certain regions, or if it is available everywhere but it's worth enquiring about.

Rogue


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## Hugo Wattleseed (May 25, 2004)

It's certainly worth putting our heads together here isn't it - so many mitigating circumstances. :roll:

Fill in the paperwork and let her take the points, end of. Unless of course you know a willing license holder to take them for her...


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## paulb (May 6, 2002)

36 is not a small offence - it is 20% over the speed limit. The ACPO guidelines are to charge anyone over 10%+2mph which would be 35mph is this case.

New proposals start at 2 points so she will only get one extra. Remember, this hasn't even gone out to consultation yet so it won't hit the law books for over a year.

I don't really understand why you think she should get away with it?


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## saint (Dec 6, 2002)

Its a fact of life these days that a great majority will expect to be caught for a "minor" speeding offence.

Not much can be done about it - cough up and produce the docs - it certainly won't affect the insurance.


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## saint (Dec 6, 2002)

scavenger said:


> Do they have photographic evidence of who was driving? Can you still claim you don't know who was driving and get away with it?
> 
> Check out http://www.pepipoo.com/ for information.


Yeah - report the vehicle stolen....... :?


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## digimeisTTer (Apr 27, 2004)

saint said:


> Not much can be done about it - cough up and produce the docs - it certainly won't affect the insurance.


  Really, mine went up by 20%


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## paulb (May 6, 2002)

saint said:


> Its a fact of life these days that a great majority will expect to be caught for a "minor" speeding offence.


1.5 million motorists a year is not a "great majority"


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## scavenger (Jun 25, 2002)

saint said:


> Yeah - report the vehicle stolen....... :?


Sorry Saint, I don't understand your point.

For example, if the offence was over 14 days ago, giles's wife may be able to avoid both points and a penalty - this information is available on the site I provided.


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## fastasflip (May 13, 2003)

> Yeah - report the vehicle stolen.......


You may laugh, but i have a friend who is in the police and it has been known for the local criminals to fail to stop for the police, drive dangerously including going up the motorway the wrong way. A short time later or when the police make enquires with the keeper of the car (a known crim) they state that yes it's their car however they had a party at the time of the incident, the keys were left lying around the house and someone must have took them along with the car, however i woke up this morning and my car had been returned and the keys had been posted through my door. I would like to report my car being stolen !

So the police never find out who was the driver of the car and waste hours reporting a crime that obviously never happened!


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## saint (Dec 6, 2002)

paulb said:


> saint said:
> 
> 
> > Its a fact of life these days that a great majority will expect to be caught for a "minor" speeding offence.
> ...


I was not meaning great as in greater - just a term of speech


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## jonhaff (May 20, 2002)

fastasflip said:


> > Yeah - report the vehicle stolen.......
> 
> 
> You may laugh, but i have a friend who is in the police and it has been known for the local criminals to fail to stop for the police, drive dangerously including going up the motorway the wrong way. A short time later or when the police make enquires with the keeper of the car (a known crim) they state that yes it's their car however they had a party at the time of the incident, the keys were left lying around the house and someone must have took them along with the car, however i woke up this morning and my car had been returned and the keys had been posted through my door. I would like to report my car being stolen !
> ...


and what was the result...its a story but in the end did he or didnt he get done?

Report your car stolen weeks later just wont stand up in court.
The myth of asking for photo which doenst show driver also wont work, either you the owner will get the points or the person you stated driving will. 
You really only have 2 hopes and that is they cant find the photo at all and secondly they cant be arsed to take it to court when you say you would like to.... unlikely but it has happened...but if you take that risk you are likely to get a bigger fine and more points for wasting their time....

You really have no choice but to take the hit.


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## saint (Dec 6, 2002)

^^

Exactly

Â£60 and 3 points - not much to write home about..... unless of course you have no confidance in your wife and expect her to get another hit in the next 3 years.


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## fastasflip (May 13, 2003)

No, no one ever got prosecuted


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## scavenger (Jun 25, 2002)

jonhaff said:


> The myth of asking for photo which doenst show driver also wont work, either you the owner will get the points or the person you stated driving will.


This isn't a myth. The police have to prove who was driving and it is/was a loophole in the law. This is one of the reasons why they are linking Trivelo's to Gatso's to photo the driver.

This happened to my brother where both him and his partner stated the other person was driving, as written evidence, to the local police. In the end the Police dropped the case as they couldn't prove who was driving.


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## jonhaff (May 20, 2002)

sorry im a sceptic...when people say 'my friend' it usually means the friend 'heard' the story via web/email/chain and subconsciously say they really really have first hand knowledge of witnessing it when they dont. Sorry most these stories turn out to be myth....

im very sceptical 

no offence if this is not the case and you can 100% vouch for the story, but i would say they(police) probably couldnt be bothered rather than he got away with it. Im sure if it went to court it wouldnt work. maybe they were just too busy that day to pursue it.


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## scavenger (Jun 25, 2002)

Hey no problem, no offence taken, I'm septic as well :wink:


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## garyc (May 7, 2002)

scavenger said:


> Hey no problem, no offence taken, I'm *septic* as well :wink:


Anti biotics. :wink:


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## saint (Dec 6, 2002)

garyc said:


> scavenger said:
> 
> 
> > Hey no problem, no offence taken, I'm *septic* as well :wink:
> ...


 :lol:


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## jonhaff (May 20, 2002)

scavenger said:


> jonhaff said:
> 
> 
> > The myth of asking for photo which doenst show driver also wont work, either you the owner will get the points or the person you stated driving will.
> ...


Legally they can still 'do' the owner there is no loophole. A car is considered dangerous equipment and as such the owner becomes liable not necessarily the operator (driver).

In your quoted case they may have decided not to bother but they could have and won.


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## scavenger (Jun 25, 2002)

jonhaff said:


> Legally they can still 'do' the owner there is no loophole. A car is considered dangerous equipment and as such the owner becomes liable not necessarily the operator (driver).


My understanding is if you have 2 people testifying in court that they were not driving the vehicle, the police cannot prosecute as they cannot prove who was actually driving the vehicle. The police cannot prosecute someone for an offence unless they can actually prove they committed the offence.

Please feel free to disprove my understanding. I am merely a simpleton and a septic, one who considers themself to be a quantic of the seventh degree :roll:


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## jonhaff (May 20, 2002)

i stated the reason in the previous comment.. its not about proving who did it... its about legal ownership of dangerous equipment where the owner can be done not the operator.

a husband/wife team blaming each other will not stand up in court they WILL pick one and that will be the legal owner on paper.


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## digimeisTTer (Apr 27, 2004)

saint said:


> ^^
> Â£60 and 3 points - not much to write home about..... unless of course you have no confidance in your wife and expect her to get another hit in the next 3 years.


5 Years isn't it?


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## jampott (Sep 6, 2003)

jonhaff said:


> i stated the reason in the previous comment.. its not about proving who did it... its about legal ownership of dangerous equipment where the owner can be done not the operator.
> 
> a husband/wife team blaming each other will not stand up in court they WILL pick one and that will be the legal owner on paper.


The point is, the husband and wife DON'T blame each other. Each actually admits the offence. Now the police can't prosecute 2 people for the same offence, when that offence was committed once and once only!!

The police can't just pick ONE and prosecute it...


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## jonhaff (May 20, 2002)

jampott said:


> jonhaff said:
> 
> 
> > i stated the reason in the previous comment.. its not about proving who did it... its about legal ownership of dangerous equipment where the owner can be done not the operator.
> ...


the police wont but the courts can and will pick one. (my bro is a JP and I have discussed numerous legal points with hime on this!) Where 2 people admit to an offence and there appears to be no relationship between them then yes u may get away with it but NOT where its husband/wife as the court will call this colusion/deception and will pick one!

Try it yourself next time...see if u get off!?


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## paulb (May 6, 2002)

Sounds like a sure fire way of getting done for contempt of court to me...


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## t7 (Nov 2, 2002)

I reckon you both get done - one for the offence and one for perjury...


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## Wallsendmag (Feb 12, 2004)

> 5 Years isn't it?


Three years on your license live,after this they stay on your license for another year but are dead ,after four years you can get a new license without the points.The bad news is Insurance companies ask for convictions within the last 5 years


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## BreTT (Oct 30, 2002)

StuarTT said:


> BreTT said:
> 
> 
> > Fit a speed limiter? My Merc has a nifty toy that allows you to limit your speed at any time. I find it useful for in town driving and roadworks, especially on the motorway.
> ...


Hi StuarTT,

On the Merc, the speed limiter physically prevents you from exceeding the limit that you have set unless you kick down hard i.e. emergency situation. Job done.

Giles,

Get your wife to take the points and fine and stick to the speed limit in future, or accept the consequences. As has been said, c. 20% over the limit is not minor.


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## saint (Dec 6, 2002)

lol - this is so funny...... all this for a speeding ticket.... cost of filling up the tank and a bag of sweets..... plus 3 points..... God knows what will happen if something serious comes along.


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## R6B TT (Feb 25, 2003)

And from the man who thinks 60K a year is not a big salary IIRC :roll:


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## stephengreen (May 6, 2002)

Perhaps prevention is better than cure.If you have a child register "it" as the registered keeper.Then when your wife next speeds, the ticket will be issued to your three year old (for instance) When they ask the child who was driving, hopefully, it wont say "mummy" and your off scott free!
By the time the child is old enough to have a license, the points they got for failing to name the driver, will have expired anyway. Job done


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## saint (Dec 6, 2002)

R6B TT said:


> And from the man who thinks 60K a year is not a big salary IIRC :roll:


Don't go there - I already did...... it does not work


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## clived (May 6, 2002)

paulb said:


> 36 is not a small offence - it is 20% over the speed limit. The ACPO guidelines are to charge anyone over 10%+2mph which would be 35mph is this case.


It probably looked worse than that at the time - I bet the speedo needle was pushing 40 - I bet the speedo in the S4 over-reads by at least 2mph...


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## scavenger (Jun 25, 2002)

Sure Giles really appreciates advice from some, or lack of.

One can only assume he was asking for advice presumably to avoid getting the points rather than paying the cost of a tank of Optimax.

I see little advice from a number of people, just the opportunity to piss and snipe at someone elses misfortune :?


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## saint (Dec 6, 2002)

Oh come on ..... advice over a sp30.........


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## garyc (May 7, 2002)

Two or more people admitting to same offence used to result in case not going to court in Avon and Somerset region - so there is some truth in that urbn myth. Now they just prosecute the registered keeper as the legal onus is still on him/her to provide details of the driver.

Considering the offence, and none of us were there so it is hard to tell, I am guessing that Mrs Giles may be one of those people who drives in built up areas at 40ish mph (assuming we always get booked at a speed slightly less than we were travelling at). Without quoting Actuary Stats I'd wager that in itself, is far more dangerous than say doing 95 mph on the motorway. Speeding in built up areas is inexcusable.

As with all the speeding ticket bleaters- take the rap, learn a lesson and deal with it. 3 points and Â£60 is nothing.

Although if considering dodgy get-outs (allegedly) a man of Giles' obvious means could always consider finding a single mother without a car but with license and living on benefits, or an immigrant, who _may_ have been driving his car that day, and to 'fess up to the offence. For a consideration...

Driver aids should really not have to come into it when driving in built up areas. That is when the driver shuld be concentrating most, since that is when majority of accidents happen.


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## paulb (May 6, 2002)

scavenger said:


> I see little advice from a number of people, just the opportunity to piss and snipe at someone elses misfortune :?


It's not misfortune, it's carelessness... I would think that as parents, Giles and his wife would be more aware of the risks of speeding in a built up area


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## scavenger (Jun 25, 2002)

paulb said:


> It's not misfortune, it's carelessness... I would think that as parents, Giles and his wife would be more aware of the risks of speeding in a built up area


Fair point :-|


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## giles (May 6, 2002)

paulb said:


> scavenger said:
> 
> 
> > I see little advice from a number of people, just the opportunity to piss and snipe at someone elses misfortune :?
> ...


It was a long open straight country lane, not in a built up area. No footpaths, no pedestrians ever walk there. Next time you are in a 30mph take a look at your speedo.

Any way, thanks to some of you for your posts.

Form completed and going in the post. Sorry I didn't realise a simple post would annoy so many people.

It was an innocent question - neither of us have ever had any motoring offences (no offences in 29 years driving between us would probably make us pretty aware of the risks of speeding, and in my book responsible).........I just wondered if any options were available. I would certainly not do anything dishonest to try to avoid the penalty.

And yes, well done, it was a matter of my wife not wanting points, rather than the cost of a tank of fuel for the S4, that was of concern.

This Forum used to be so friendly.

Oh well. Sorry.


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## pas_55 (May 9, 2002)

:wink: Lucky for me the last 2 times I got flashed my American cousin(imagination/figment of) was driving after providing Denver address I never heard anymore :wink:


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## R6B TT (Feb 25, 2003)

I don't know if the same thing is happening all over the country, but the speed camera on the road into Marlow has acquired the words ' Piggy Bank' in blue letters across the back!


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## vlastan (May 6, 2002)

R6B TT said:


> I don't know if the same thing is happening all over the country, but the speed camera on the road into Marlow has acquired the words ' Piggy Bank' in blue letters across the back!


The picture was published on the paper, but it didn't mention which location it was from. Now I know.


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## R6B TT (Feb 25, 2003)

I'll see if I can get a piccy for you


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## vlastan (May 6, 2002)

Funny thing is that I will be going to Marlow next Thursday.


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## A3DFU (May 7, 2002)

giles said:


> My wife has been caught speeding in the S4 - any advice?Thanks.


Have cruise control fitted and ask your wife to use it


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## scoTTy (May 6, 2002)

I'm not sure cruise is a good idea in a 30.

Not being fully aware of your speed in a 30 is one thing but imagine the lack of concentration if cruise was on. It only takes someone to run out from behind a car/tree/etc and it can take too long to react. :?


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## A3DFU (May 7, 2002)

I use CC in 30 and 40 limits when I drive our A6, ScoTTy, and I am aware of the speed


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## scoTTy (May 6, 2002)

I was really making the comment at those who don't know their speed and then get tickets because of it. :wink:


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## A3DFU (May 7, 2002)

[smiley=idea2.gif]


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## vlastan (May 6, 2002)

Moving at 30 mph in a quality car is like crawling. So at these slow speeds, it is even easier to keep a check on the speedo.

Also following some high court cases recently, it is very difficult to escape paying these days. All the usual loopholes are closing the one after the other. It looks like the only way to avoid speeding tickets today is to stick to the limit.

I was in Newbury last week and on the A4 there was a guy that looked as if he was waiting on the bus stop. But a few metres later there were 4 policement hidden. I noticed that the guy on the bus stop was holding a walkie talkie and he was instructing the other who to stop...bastards!


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## Alchemist (Feb 11, 2004)

To answer the original question (of this, you've already done), take the fine and points on the chin, and get your wife a slower, noisier car. That way 30 mph will feel like 30 mph.

Alchemist.


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## jonhaff (May 20, 2002)

garyc said:


> Two or more people admitting to same offence used to result in case not going to court in Avon and Somerset region - so there is some truth in that urbn myth. Now they just prosecute the registered keeper as the legal onus is still on him/her to provide details of the driver.
> 
> Considering the offence, and none of us were there so it is hard to tell, I am guessing that Mrs Giles may be one of those people who drives in built up areas at 40ish mph (assuming we always get booked at a speed slightly less than we were travelling at). Without quoting Actuary Stats I'd wager that in itself, is far more dangerous than say doing 95 mph on the motorway. Speeding in built up areas is inexcusable.
> 
> ...


I rechecked this with my brother JP and he said that if 2 poeple admit to the offence they interview them separately and then pick one based on what they say and they the judges think is telling the truth, if not they pick the owner. Thats in East Sussex anyway, maybe other areas do different things, they should all be applying th elaw consistenly but we all know that doesnt happen. He said they then fine them more for the waste of time.

This is not 2nd/3rd freind of a friends comment its straight from a judges mouth 
So its up to you.


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## ttimp (Jul 9, 2003)

30/40/50 mph? no problem, do what I do and derive pleasure from sticking religiously to the limit, watching as the driver behind gets really pissed off - reach the NSL and floor it (loadsa right hand on bike). I may get caught in a NSL but fairly unlikely in a 30/40/50 (I'm not perfect!). Only problem is that if I do get caught in an NSL then it's likely to be a biggun!
I used to drive 50k per year and the only way I could be fairly sure of not getting a ticket was to stick to those lower limits - keep an eye on the rear view mirror, enjoy watching those idiots getting frustrated at 30.


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