Caught speeding at 109mph | FerrariChat

Caught speeding at 109mph

Discussion in 'United Kingdom' started by Modena Scotland, Apr 22, 2005.

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  1. Modena Scotland

    Modena Scotland Karting

    Mar 2, 2005
    197
    Scotland, UK
    Full Name:
    Mass
    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
     
  2. steve f

    steve f F1 World Champ

    Mar 15, 2004
    12,119
    12cylinder town
    Full Name:
    steve
    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
     
  3. tonyh

    tonyh F1 World Champ
    Lifetime Rossa Owner

    Dec 23, 2002
    14,372
    S W London
    Full Name:
    Tony H
    Doesn't sound too good , i'm afraid. Like Steve says, hire a good brief.
     
  4. elms

    elms Formula Junior

    Feb 24, 2004
    374
    UK
    Full Name:
    DCS
    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?
     
  5. spidermanUK

    spidermanUK Formula 3

    Feb 26, 2005
    1,609
    UK
    Full Name:
    Clive
    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.)
     
  6. Modena Scotland

    Modena Scotland Karting

    Mar 2, 2005
    197
    Scotland, UK
    Full Name:
    Mass
    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.
     
  7. stevep

    stevep F1 Veteran

    Jan 19, 2004
    8,345
    Geordie Land
    Full Name:
    steve

    yer shafted mate, they banned jk for 6 months for doing 103
     
  8. F308 MAN

    F308 MAN F1 Rookie

    Jan 19, 2004
    2,907
    Isle of Man
    Full Name:
    Dave S
    IOM license for sale ... not cheap !
     
  9. steve f

    steve f F1 World Champ

    Mar 15, 2004
    12,119
    12cylinder town
    Full Name:
    steve
    do they have pictures on
     
  10. kenyon

    kenyon F1 Rookie

    Oct 7, 2002
    2,837
    East Yorkshire
    Full Name:
    Justin Kenyon
    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.
     
  11. tomw

    tomw Formula 3
    Silver Subscribed

    Feb 25, 2004
    2,413
    London
    Full Name:
    Tom
    I got points. Granted they resulted in what amounted to a ban, and it was on a motorway, but there's hope.
     
  12. steve f

    steve f F1 World Champ

    Mar 15, 2004
    12,119
    12cylinder town
    Full Name:
    steve
    my mate got 8 week ban for 108 mph but that was on the motorway not an ordinary road like modena scotland was on
     
  13. acpes

    acpes Formula Junior

    Aug 11, 2004
    910
    west 12cylinderville
    Full Name:
    Andy
    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
     
  14. Modena Scotland

    Modena Scotland Karting

    Mar 2, 2005
    197
    Scotland, UK
    Full Name:
    Mass
    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?
     
  15. steve f

    steve f F1 World Champ

    Mar 15, 2004
    12,119
    12cylinder town
    Full Name:
    steve
    thought it was a sheriff up there and not a judge
     
  16. andrewg

    andrewg F1 Rookie
    BANNED

    Sep 10, 2002
    4,667
    Chester, England
    Full Name:
    AndrewG
    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.
     
  17. paulm

    paulm Rookie

    Dec 7, 2004
    46
    Bucks
    Full Name:
    Paul M
    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.
     
  18. F328GTS

    F328GTS Formula 3

    Apr 27, 2004
    1,628
    Cambridgeshire, UK
    Full Name:
    Nigel R
    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.
     
  19. The Don

    The Don Karting

    Oct 10, 2004
    131
    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.
     
  20. F308 MAN

    F308 MAN F1 Rookie

    Jan 19, 2004
    2,907
    Isle of Man
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    #20 F308 MAN, Apr 22, 2005
    Last edited by a moderator: Sep 7, 2017
  21. Modena Scotland

    Modena Scotland Karting

    Mar 2, 2005
    197
    Scotland, UK
    Full Name:
    Mass
    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.
     
  22. patpong

    patpong Formula 3

    Jul 6, 2004
    2,274
    Bangkok, Thailand
    Full Name:
    Patpong Thanavisuth

    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.
     
  23. GrahamS

    GrahamS F1 Veteran
    BANNED

    May 29, 2004
    5,480
    24 hours from Tulsa
    Full Name:
    Grandmaster G
    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.
     
  24. Modena Scotland

    Modena Scotland Karting

    Mar 2, 2005
    197
    Scotland, UK
    Full Name:
    Mass
    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.
     
  25. Modena Scotland

    Modena Scotland Karting

    Mar 2, 2005
    197
    Scotland, UK
    Full Name:
    Mass

    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.
     

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