Yesterday, I have been caught speeding at 109mph on a very quiet county A road with a good all round visibility. The police officers were very gentle and polite but charged me with speeding and reckless driving. I agreed with the speeding but asked about reckless driving. Their response was because it is a country lane, a serous accident could have happened at the speed I was travelling, so despite the fact they said I was driving very competently and the car (360 Modena) could safely travel at the speed, the reckless driving is an automatic penalty. They have told me there have been two fatal accidents in the last two weeks where I was caught speeding. What is your view? This is the first speeding offence I had in years, do you think I will get a ban? The speed limit was 60mph. Be interested to know your views. Mass
you will get banned from driving for that how long depends on how good a solictor you get it can range from 1 week to 1 year if you was on the motorway they might of been a bit more understanding but not on a ordinary road
I hope I am wrong but I think that a ban is inevitable. If you must have a driving license maybe its worth getting your brief to push for a bigger fine and short ban?
Regrettably I think you will be exceptionally lucky to escape a ban! 30 mph over the speed limit nearly always results in a ban, unless severe hardship or loss of employment will ensue. I think the magistrates, or the Scottish equivalent, will be unlikely to buy your "story" that you can't afford a driver or taxis for a few weeks when they hear what you were driving at the time! Personally, I think the reckless driving charge is excessive and may well be dropped before court. They based the charge on the fact that 2 fatal accidents had occurred recently, a fact you may not have been aware of! I would argue the point with the Traffic Police Inspector responsible for the area, and see if you can reason with him/her. That is by far the more serious charge and is applied (in Scotland only) as follows: 'Judges and juries will readily understand... that before they can apply the adverb 'recklessly' to the driving in question they must find that it fell far below the standard of driving expected of the competent and careful driver and that it occurred either in the face of obvious and material dangers which were or should have been observed, appreciated and guarded against, or in circumstances which showed a complete disregard for any potential dangers which might result from the way in which the vehicle was being driven.' (Scots Law Times, 1980.)
Thank you all for your response, especially Clive's post is very useful. I will try to contact the police once I receive an official document from them regarding the reckless driving.
You will get a 6 months ban (A freind of mine has just got this) and your fine is worked out on your income. Anything over 100 mph is a BAN !!!! As Steve F says the ban can be from a 1 week to 1 year.
I got points. Granted they resulted in what amounted to a ban, and it was on a motorway, but there's hope.
my mate got 8 week ban for 108 mph but that was on the motorway not an ordinary road like modena scotland was on
Had a quick word with my oracle, you definitely need a brief. Unless you can provide unequivocal proof of hardship, it looks like an automatic ban (sorry). with regard to the reckless driving question asked was "is it on video?" as this may show that it could be construed as speeding but not with recklessness or poor control. Problem is going to be convincing anyone that country road + 109mph is going to be seen as not "reckless", especially given the car type. The very best of luck M8 Andy
What may be the deciding factors for the length of the ban? Fine, speed exceeded, how the judge felt in the morning, etc.? Is it worth getting a solicitor, or is this a losing battle anyway? I work from home, so I cannot convince the judge on the basis. Anyone out there who was caught at similar speed and did not get a ban?
As everybody else has already said, you WILL get a ban as you were going 49mph over the speed limit, I think you'll also be very lucky not to be convicted on the reckless driving charge. In North Wales on comparable A roads they routinely charge and convict for reckless when your over 100mph reasoning being that no mater how good a driver you are your still on a road without pedestrian barriers and with access to minor roads and no minimum speed limit.
got caught doing 127 last year. got a brief, sold the car! to make it look like i'd made a mistake buying the car in the first place, said how sorry i was and i only got a 6 week ban. not bad i thought. then i went out and bought a better car.
Can you find out if anybody else has been caught on the same road doing a similar speed, but NOT charged with reckless driving? If so, you could claim discrimination for driving an F, and quote that case as a precedent.
Its not worth it to speed although very tempting. You should see me on the motorway, people trying to edge me on in Porsches, but I just ignor them because I know I have one hell of a car.
Although it is a road I have driven on a number of occasions before and is quite near from my house, I did not know the police has speed trapping. It may be impossible to find other people who were caught speeding there.... as I am quite new to the area and do not know many locals.
sorry to hear about what happen to you... It seems like 109 mph isn't as a big deal as a reckless driving on a county A road..Is that like local road?. I was caught once, in the US, driving a Corvette speeded at 120 mph on a empty mountain desert road...or highway, one lane each directions. I talked him out very nicely. He gave me a break and gave me a ticket for 80 mph speeding in 55 mph zone. Heard your story and it remine me of my situation... Good luck to you Mass.
Your local library should have back issues of all the local newspapers. I know mine did stretching back over 50 years. Might be worth spending an afternoon going through a few of them to see if any cases have been reported. I got done doing 97 in a 60 some time ago. Basically I just held my hands up, acknowledged that my speed was unacceptable, didn't try to justify it,grovelled shamefully and said I would give full respect to the court's decision. I got away with 6 points and a fine. Some bloke later that month got caught in the same speed trap doing 95 and he got a 6 month ban so I like to think that my actions made a difference. I realise your speed is likely to get you a ban regardless of what you do but the principle is the same i.e. a good spot of grovelling may get you a more favourable result than if you try to argue your way out of it.
Thanks. In Scotland, most roads are quite narrow even the ones classified as A road (main road). The road I was travelling has one lane in each direction.
The police officers were really nice. As far as I could judge, they were just doing their job. I was as polite as I could be as well and did not dispute about the speed as I know I was speeding. Even when I questioned about the reckless driving they were very conscientious in their explanation.