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got caught speeding.
Posted:
Thu Apr 03, 2008 2:57 pm
by belfastman
how long do u wait for court date?2-3 months?....so going to court for speeding will that be a crimnal record ill get?
Re: got caught speeding.
Posted:
Thu Apr 03, 2008 4:48 pm
by Myfeckin FTO
belfastman wrote:how long do u wait for court date?2-3 months?....so going to court for speeding will that be a crimnal record ill get?
Presume you got caught in NI. Why a mandatory court appearance? Do you not just get a fine and points?
Speeding convictions do not constitute a criminal record.
Posted:
Thu Apr 03, 2008 6:10 pm
by belfastman
i was doing 87 in a 30 zone............................it was on the m1 belfast at broadway...there is work being done as we all know and 30 mph was put in place instead of 70.i was just giving it a blast on a 3/4 mile straight.no car ahead of me so it was clear..................shamefull that i done that speed.............................but i done it and got caught........i deserve it,just hope i dont get a ban.ive been driving since 82 with a clean license
Posted:
Thu Apr 03, 2008 6:28 pm
by Myfeckin FTO
belfastman wrote:i was doing 87 in a 30 zone............................it was on the m1 belfast at broadway...and 30 mph was put in place instead of 70......
Ouch! Well you need to get yourself a good solicitor for a start - perhaps you can argue that you felt you were in a 70mph zone and/or that the 30mph limit was an advisory limit due to roadworks and not an offical limit.
Otherwise you are probably heading for ban territory being 57mph over the limit.
Get someone on the case that has a good record of defending speeding cases. Money well spent.
Let us know how it goes.
Posted:
Thu Apr 03, 2008 6:37 pm
by Dragonheart
Isnt there a thing in the Republic that if you 3 times over the limit its an immediate ban? Like doing 90 in a 30?
I didnt think those temporary limits were actually enforceable! Like if you check up the official speed limits on a public system that road actually reads as a 70 limit right?
Posted:
Thu Apr 03, 2008 7:49 pm
by belfastman
bloody hell,if i get a ban,i'd have my sell my sexy beast............any offers hehe.
Posted:
Thu Apr 03, 2008 11:10 pm
by Dragonheart
30 over the limit!!? That miles or km? Thats a bit harsh in places isnt it? Obviously not in the middle of a town or a city but there are some ridiculous limits where you come into a village in the back of no-where and a half mile before the village is down to a 30 (50kmph). Now I have no problem driving at that speed, but its when you have intimidating feckers behind you that you speed up a small bit.
Posted:
Fri Apr 04, 2008 10:46 am
by Muad_dib77
belfastman wrote:i was doing 87 in a 30 zone............................it was on the m1 belfast at broadway...there is work being done as we all know and 30 mph was put in place instead of 70.i was just giving it a blast on a 3/4 mile straight.no car ahead of me so it was clear..................shamefull that i done that speed.............................but i done it and got caught........i deserve it,just hope i dont get a ban.ive been driving since 82 with a clean license
YOwzer - that's going to be sore!
was it a temporary speed restriction type thing?
Posted:
Fri Apr 04, 2008 1:50 pm
by belfastman
maud,i got some legal advice,they say those 30 mph signs at roadworks have been put in legislation so im fooked...........ill just have to see what myself and my barristor can come up for a defense..................any ideas ant one?
Posted:
Fri Apr 04, 2008 2:45 pm
by belfastman
i forgtot to say,yes speeding is a crimnal offence so ill be a criminal in a few months.
Posted:
Fri Apr 04, 2008 2:57 pm
by soc
In one respect I have some sympathy for you as I suspect that speed limit is similar to the 60kph on the M50 and totally rediculous.
But at the same time I know that that regardless of how clear the roads might be I would never do 120kph+ in the M50 60kph zone so in that respect I have no sympathy (sorry).
Posted:
Fri Apr 04, 2008 11:41 pm
by Bernard
belfastman wrote:i got some legal advice,they say those 30 mph signs at roadworks have been put in legislation
Does anyone know if it's the same this side of the border?
Posted:
Sat Apr 05, 2008 12:10 am
by JD
As far as I know, and it's only from a radio report a few weeks back on a court hearing on the matter, the temporary speed limits that they put up when they are doing roadworks, e.g. the 60k limits put up all over the M50 while they are doing the upgrade, are only legally considered to be advisory. They have no legal application. The only legal speed limit in any area is the one passed by the relevant local authority, and that is very hard to get changed. That's why the courts recenltly threw out all of the speeding fines on the M50 that were given on the 'temporary' new lower speed limits.
JD
Posted:
Sat Apr 05, 2008 2:40 pm
by pergau
In the north the police regularly check speed in areas where work is being done or is subject to a reduced speed limit. So be careful. through contra-flows or roadworks. some of the guys in yellow jackets might not be workers. they are easy to spot thiough, as their jackets are clean!
Posted:
Sat Apr 05, 2008 5:28 pm
by soc
JD wrote:As far as I know, and it's only from a radio report a few weeks back on a court hearing on the matter, the temporary speed limits that they put up when they are doing roadworks, e.g. the 60k limits put up all over the M50 while they are doing the upgrade, are only legally considered to be advisory. They have no legal application. The only legal speed limit in any area is the one passed by the relevant local authority, and that is very hard to get changed. That's why the courts recenltly threw out all of the speeding fines on the M50 that were given on the 'temporary' new lower speed limits.
JD
If they're not legal then I doubt the speed cameras would have been moved to catch people in that zone and why would Garda bother stopping people? It would seem like a hell of a waste of money and resources - but then this is ireland
Posted:
Sat Apr 05, 2008 8:19 pm
by Bernard
You do see some ridiculous ones though.... 30kph for loose chippings?
Posted:
Sun Apr 06, 2008 10:06 am
by belfastman
see if i get banned,does that include my motorbike?
Posted:
Sun Apr 06, 2008 1:13 pm
by Dragonheart
Bernard wrote:You do see some ridiculous ones though.... 30kph for loose chippings?
What about where it says 5kmph in industrial estates and the like. If mine is in drive mode and without even touching the accelerator I'd prob be over that!
Posted:
Mon Apr 07, 2008 12:06 pm
by johnny
Im always in 2 minds when on the M50 these days. It takes strong will power to stay below 60kmph the whole length of the M50 at 2 in the morning....so I dont do it....that said I wouldnt go much more than 80kmph.
Posted:
Mon Apr 07, 2008 1:34 pm
by TopCat
With regard to the legality of the lower speed limits, they used to advisory only, and there were many cases thrown out of court because of this. Recently though (I think in the last year) new legislation has been brought in, meaning the works can apply to the authority to have the lower limit legally recognised, so it would probably depend on whether or not this was done for the case in hand. Small jobs generally don't apply for this, but if the restrictions are going to be in place for some time, this is were it is normally appied for. This is the case south of the border as far as I know.
With regard to the ban, I got cuaght before for 87mph (pre change-over to kph). The guard in question said if I had been doing 30 over the limit, he said it'd be an automatic court appearance and 4 penalty points, but didn't mention a ban, so not sure if this would have been the case or not.
Not sure if that helps or not?
TC
Posted:
Fri Apr 11, 2008 2:19 am
by stevec
belfastman wrote:i forgtot to say,yes speeding is a crimnal offence so ill be a criminal in a few months.
OUCH!
sorry to hear that - I'm not known for keeping below the speed limit but 57mph over? I think you're gonna need vaseline
AFAIK In the south, its still a civil offence - no criminal record.
Posted:
Fri Apr 11, 2008 2:25 am
by stevec
Bernard wrote:belfastman wrote:i got some legal advice,they say those 30 mph signs at roadworks have been put in legislation
Does anyone know if it's the same this side of the border?
Yes, they have to pass a bye law aka "SI" for it to have effect.
It generally includes a map of where the works start and finish, thats why the limit seems to pointlessly extend for miles past where the roadworks stert / end (i.e. they encompass the entire planned roadworks).
Posted:
Fri Apr 11, 2008 2:32 am
by stevec
JD wrote:As far as I know, and it's only from a radio report a few weeks back on a court hearing on the matter, the temporary speed limits that they put up when they are doing roadworks, e.g. the 60k limits put up all over the M50 while they are doing the upgrade, are only legally considered to be advisory. They have no legal application. The only legal speed limit in any area is the one passed by the relevant local authority, and that is very hard to get changed. That's why the courts recenltly threw out all of the speeding fines on the M50 that were given on the 'temporary' new lower speed limits.
JD
As I said, they have to pass a statutory instrument.
belfastman wrote:see if i get banned,does that include my motorbike?
Yep - in the south anyway, presume it's the same in the north.
TopCat wrote:With regard to the legality of the lower speed limits, they used to advisory only, and there were many cases thrown out of court because of this. Recently though (I think in the last year) new legislation has been brought in, meaning the works can apply to the authority to have the lower limit legally recognised, so it would probably depend on whether or not this was done for the case in hand. Small jobs generally don't apply for this, but if the restrictions are going to be in place for some time, this is were it is normally appied for. This is the case south of the border as far as I know.
With regard to the ban, I got cuaght before for 87mph (pre change-over to kph). The guard in question said if I had been doing 30 over the limit, he said it'd be an automatic court appearance and 4 penalty points, but didn't mention a ban, so not sure if this would have been the case or not.
Not sure if that helps or not?
TC
They were thrown out because local councils weren't passing the required bye laws, they've cottoned on to this now though.
Posted:
Sat Apr 12, 2008 2:59 pm
by optical illusion
Dragonheart wrote:What about where it says 5kmph in industrial estates and the like. If mine is in drive mode and without even touching the accelerator I'd prob be over that!