Speeding dilemma | FerrariChat

Speeding dilemma

Discussion in 'United Kingdom' started by joby, Mar 1, 2005.

This site may earn a commission from merchant affiliate links, including eBay, Amazon, Skimlinks, and others.

  1. joby

    joby Rookie

    Jan 22, 2005
    12
    Heard of this one?

    Stopped by fuzz while allegedly doing 105mph on motorway. They were very polite and apologetic.

    BUT police were not behind me, they were behind car behind me! Have pleaded NG as all evidence supplied establishes that they didn't take my speed directly but assumed it from car behind me, which was also pulled (a stranger).

    Police unable to supply video!

    Worth a fight? Comments?
     
  2. reggie

    reggie Guest

    Deff worth a fight - you have got a good case in my eyes, but im no lawyer
     
  3. GrahamS

    GrahamS F1 Veteran
    BANNED

    May 29, 2004
    5,480
    24 hours from Tulsa
    Full Name:
    Grandmaster G
    Too right. They can't argue they were maintaining a constant distance if there was somebody in between you
     
  4. Babylon

    Babylon Karting

    Jan 2, 2004
    140
    I'm afraid it sounds like they got you!

    It doesn't matter if there's a car in between you. You say that they pulled that one aswell which would suggest you were both going along at the same rate. Besides which, using a VASCAR to monitor speed means you can let a car get away from you completely but you still get the average speed over the recorded distance.

    We've all done it and we all have to accept the consequences. Sometimes you get away with it, sometimes you don't.

    All the best with it!

    Mike
     
  5. jeffQV

    jeffQV F1 Rookie

    Feb 13, 2004
    2,976
    NZ
    Full Name:
    jeff
    can't help but agree with the above but its got to be worth a fight, hasn't it? After all what is the difference in the end result if provan guilty by your own admission or by 'them'? good luck!
     
  6. Cal

    Cal Karting

    Nov 13, 2003
    74
    Berkshire - England
    Full Name:
    Cal
    Mh, they got me with one of those, my average was 119.2 in Devon last Easter, (My Mum was so proud) they weren't polite though, in fact, they were far from it!

    The magistrates in their wisdom did however think that I was such a good driver I didn't require a licence for a couple of months.

    You'd have to be very unlucky to get a ban though.

    Best of luck
    Cal
     
  7. Ade

    Ade Formula 3

    Jan 31, 2004
    2,102
    UK
    It might be more worry than its worth. What is the penalty for the offence?
     
  8. 512Tea Are

    512Tea Are F1 Rookie

    Apr 22, 2004
    2,742
    Dear Comrade Joby M8,

    You would be best advised to speak to a lawyer with expertise within this field and whom should be able to correctly advise you of your precise legal position.

    With kind regards,

    512 Tea Are - Tea Arse - Tear Arse
     
  9. 208 GT4

    208 GT4 Formula 3

    Dec 27, 2003
    1,769
    Brighton (UK)
    Full Name:
    Dan
    Tea Are is right, you should get some professional advice.

    However, from a keen amatuer (whose sister is a criminal barrister) the normal penalty for >100mph is a short ban and a fine, assuming no previous bans. It could be that if you were to admit to a lower speed they might just hit you with 3 points and a £60 fine?

    If they stick to their guns that you were doing 105mph then you might still avoid a ban if you can show that you need your licence for work. Though they may choose to increase the amount of the fine to make up for the lack of ban.
     
  10. tommo

    tommo Formula 3
    Lifetime Rossa

    Nov 29, 2004
    1,245
    Gloucestershire
    Full Name:
    Julian
    Joby - talk us through how they managed to pull over both cars, am i being thick - by the way, i don't mind someone pointing out my lack of intelligence, but they must have been pretty good to do both without either of you driving on
     
  11. acpes

    acpes Formula Junior

    Aug 11, 2004
    910
    west 12cylinderville
    Full Name:
    Andy
    Isn't there a site on the net somewhere run by an ex-traffic cop, who reckons he can find a way through most of the speeding cautions? Anyone remember what it is. Remember reading it in the driving supplement of the sunday times (sorry Stevef, I meant Sunday mirror:D). I also seem to remember a figure of £3-700 to skip a ban. If my memory is correct (and that is extremely dubious) thats a steal compared to a ban and the reinsurance costs.
     
  12. acpes

    acpes Formula Junior

    Aug 11, 2004
    910
    west 12cylinderville
    Full Name:
    Andy
    Usually they overtake the tail car and tell him to pull in with a time honoured hand gesture (answers on a postcard please) and then take off after the lead car to pull him over as well.
     
  13. stevep

    stevep F1 Veteran

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


    get on http://pepipoo.com/ and fight it mate
     
  14. steve f

    steve f F1 World Champ

    Mar 15, 2004
    12,119
    12cylinder town
    Full Name:
    steve
    all that i can say about this is the speed limit is 70MPH and if you break the law you deserve all you get no matter who you are its an automatic ban for 100+ on the motorway
     
  15. 512Tea Are

    512Tea Are F1 Rookie

    Apr 22, 2004
    2,742
    Dear Comrade Steve M8,

    As usual a very amusing post. However, it is not an automatic ban if one is caught at 100+. I have been prosecuted and found guilty of driving at a three figure speed but was not banned.

    With kind regards,

    512 Tea Are - Tea Arse - Tear Arse
     
  16. 5to1

    5to1 Formula Junior

    Mar 15, 2004
    523
    So I gather they came up behind the car behind you and:

    1) Guaged his speed by following him for a certain period.
    2) Had a calibrated speedo on their vehicle.
    3) Noted you were infront at approx fixed distance the entire time.

    I would say the main points to contend would be:

    1) Assess the accuracy of their speedo (i.e. when it was calibrated and has it been re-tested since).
    2) How long they followed both vehicles.
    3) The experience of the officers.
    4) The view they had of your vehicle. i.e. how far were they from you, how much did the other vehicle obstruct their view, how long was your vehicle the focus of their attention, what points of reference they had to determine the distance to your car, etc.

    Also how much traffic was there in the adjacent lanes.

    You argument would be:

    1) Given the obstruction of the other vehicle and the speeds involved, they could not accurately judge the starting and ending distance to your vehicle. You could have been significantly infront and the other vehicle (and they) could have closed.

    and/or

    2) Depending on the amount of traffic in the adjacent lane, you could argue the other vehicle closed rapidly. And you were trying to find a safe way to get out of his way. Your concentration was on finding a gap in the adjacent lane and getting out of the way of this vehicle up your ass, rather then your speedo.

    I think if you can put these two together you've got enough to atleast have a go in court. But I would consult a solicitor first.

    Your best chance will be that the CPS will not pursue this given the evidence isn't clear cut. Therefore don't be cocky as you may get their back up. And let a solicitor handle all correspondence as this will show them you mean business.

    Good luck.
     
  17. stevep

    stevep F1 Veteran

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

    they dont use their speedo they use vascar
     
  18. 512Tea Are

    512Tea Are F1 Rookie

    Apr 22, 2004
    2,742
    Dear Comrade Steve M8,

    The post was a very good post. And yes, whilst they do use Vascar, the measurement must be precisely performed over a given distance. i.e. it is my understanding that the white spots strategically placed upon the carriageway are usually the measurement parameter.

    I believe that it is possibly contentious in that two cars were 'pinched' at the same time. There surely has to be room for the 'proven beyond reasonable doubt' theory.

    I still believe that the best advice is for an expert lawyer to assess the circumstances.

    With kind regards,

    512 Tea Are - Tea Are - Tear Arse
     
  19. stevep

    stevep F1 Veteran

    Jan 19, 2004
    8,345
    Geordie Land
    Full Name:
    steve
    agree mate but having just defended a speeding case and speaking to the local plod in the lodge, the best advice is to seek expert advice. However vascar measures time/distance and calculates an average speed or the police can use pacing methods such as the white marks, bridges and other stationary objects. The only stipulation is they must be over 3 10ths of a mile apart, the patrol car will probably have video evidence and even if they were following another car, they can still prove that the first car had to have been speeding as it was infront.

    hope that makes sense

    fraternally

    steve
     
  20. F328GTS

    F328GTS Formula 3

    Apr 27, 2004
    1,628
    Cambridgeshire, UK
    Full Name:
    Nigel R
    Steve m8, what was the outcome of your case where you did not know who was driving?
     
  21. stevep

    stevep F1 Veteran

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

    s


    edited...my pc crashed
     
  22. steve f

    steve f F1 World Champ

    Mar 15, 2004
    12,119
    12cylinder town
    Full Name:
    steve
    I bet the wife told him to take the points as she is the boss in that house
     
  23. stevep

    stevep F1 Veteran

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

    lol, if anyone wants to know pm me,
     
  24. stevep

    stevep F1 Veteran

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

    btw you are entitled to see the video, this crap about in court ect is rubbish
     
  25. paulm

    paulm Rookie

    Dec 7, 2004
    46
    Bucks
    Full Name:
    Paul M

    512
    a short ban may be preferable to points (i don't think you can be hit with both). you just have to stand tall, take your punishment, and then walk directly to the boozer to start your sentence.
    it's just like being a student all over again. :)
    paul.
     

Share This Page