Multiple Speeding Offences ?

[Uncle Fester]

That's two different people killed so clearly 2 separate crimes.... to stick with motoring offences, take one of the muppets you see on TV trying to outrun traffic police in a stolen Corsa... said muppet drives above the speed limit for 20 miles, wrong way round 3 roundabouts, wrong way up 2 one way streets and hits 5 parked cars before landing in a ditch... what's the charge or charges?

Presumably the muppet will have no liceince to endorse, and no job (or he would be at work instead of comitting said offences), so will get 100 hrs of comunity service maximum (as long as it doesn't infringe his human rights)

 

[dyver]

... got bad sinusitis; 1000mg of ibuprofen with codine and some strong antibiotics later.... and you know what- i'm feeling quite mellow now lol

Jesus why not go the whole hog? Swap the codeine for 1/2 a dozen dihydrocodeine 50mg have 2 pints of strong cider, you wont care about the sinusitis or the antibiotics

 

[219]

Presumably the muppet will have no liceince to endorse, and no job

It does not matter - there is already a proceedure for this because it happens so often .

Young offenders can still be given driving bans or points which are stored against their names and come into effect as soon as they apply for a license .

 

[A160DSB]

Generally it would be considered as separate offences, but in very specific circumstances (cameras very close together on one continuous section of road) it can be argued to be one continuous offence. There was a case in Southend (from memory) some years back where two consecutive cameras located a matter of a couple of hundred yards apart on the same stretch of road were triggered at pretty much the same speed and the magistrates accepted the single continuous offence argument and dealt with it in that way. It's unusual though.

Along the seafront, and thats why they took one out, and put it right at the other end.

 

[ferrarilover]

Hmmm, there is a defence here.

In the case of two (or more) fixed cameras (not the average speed ones, although I believe it applies equally), there is a defence in law against multiple charges if you can show that the offences were committed in one direction and in one continuous act of driving. So, you can't drive to Tesco, get flashed, then drive back and get flashed again and defend. However, if you drive to Tesco, get flashed, get flashed again, then stop at the store, the defence against multiple prosecutions is applicable. It is, of course, immaterial as to whether you drop below the speed limit and then exceed it again between the two cameras, since this is impossible to prove either way.

Matt.

 

[219]

That is why the charges are specific to the location and time , namely :

that you did drive your motor car in excess of the speed limit on Brown Street at 4:30 pm on 14th April 2011

and

that you did drive your motor car in excess of the speed limit on Green Street at 4:40 pm on 14th April 2011

 

[Deleted member 37751]

How could it be classed as attempted manslaughter?

Unintentionally attempting to slaughter man....

 

[Charles Morgan]

Hmmm, there is a defence here.

In the case of two (or more) fixed cameras (not the average speed ones, although I believe it applies equally), there is a defence in law against multiple charges if you can show that the offences were committed in one direction and in one continuous act of driving. So, you can't drive to Tesco, get flashed, then drive back and get flashed again and defend. However, if you drive to Tesco, get flashed, get flashed again, then stop at the store, the defence against multiple prosecutions is applicable. It is, of course, immaterial as to whether you drop below the speed limit and then exceed it again between the two cameras, since this is impossible to prove either way.

Matt.

I would turn it the other way around. A momentary lapse in concentration might lead to a speeding ticket, but to sustain that speed continuously through a number of locations implies a far greater level of inattention or deliberate lack of care. So two convictions would in fact be proportionate.

 

[JohnDeere8530]

this has been tried and tested in court. If you get done twice by a fixed camera in a very short time frame (to be determined by judge) you can argue it is a single offence, although I guess the judge/magistrate when passing sentence may take this into account. However if there was a change of speed limit/change of road inbetween the offence then you would be prosecuted twice

I remember this happened on the m25 when the gantry cameras came in. Someone got done on consecutive cameras and I seem to remember they got away with one ticket

 

[219]

You also run the risk of getting a magistrate who does not like speeders and might take the view that since you just admitted in court that you sped continuously all the way from Brown street to Green street , that you must also have sped on Blue Street and Grey Street which link them , therefore have FOUR tickets and a ban !

 

[Superspec]

If the burglar burgled two houses that would be two offences.

So if you drive past two cameras whilst speeding that is also two offences. The only exception imo would be average speed cameras where the point is measuring your speed over a set distance and as such would require a reading from 2 or more cameras.

 

[stevesey]

I would say it should be attempted manslaughter...

How could it be classed as attempted manslaughter?

Unintentionally attempting to slaughter man....

And how can one unintentionally attempt something?

 

[portzy]

A similar situation befell my missus a few weeks ago, I'm not sure I updated the thread but here goes:

She got clocked by two cameras on the same stretch of road marginally exceeding the limit by a few mph, she thought it was 50 and in fact it was 40. For the 1st "offence" she got 3 points and a £60.00 fine and for the second she got an offer, which she accepted, to attend a "Speed Awareness Course" .

Paradoxically, she has already attended the same course a year or so ago and I was under the impression that you could not take this option twice within three years.

This whole camera jobby really winds me up

 

[Deleted member 37751]

And how can one unintentionally attempt something?

Which legal term would you use?
Maybe I used the wrong term, but my point was that there is a good chance that they could kill someone with their actions, albeit unintentionally.

A bit like a street fight that went to far and someone died; they probably never meant to kill the other person but they did so it's manslaughter.

 

[Superspec]

In theory with this you could go from having a clean licence to being banned through accumulating 12 points in one trip down a motorway with gantry cameras......where's my speed limiter button? lol

 

[st13phil]

Paradoxically, she has already attended the same course a year or so ago and I was under the impression that you could not take this option twice within three years.

That certainly was the case, and may well still be the case. Just keep schtum in case they tumble. Of course, it could just be that they want the money...

 

[Aoraki]

It does not matter - there is already a proceedure for this because it happens so often .

Young offenders can still be given driving bans or points which are stored against their names and come into effect as soon as they apply for a license .

I don't think that's correct, I belive that points /bans etc start from the day they are handed down from the courts. It certainly was like that when I got my first endorsment, I was 14 at the time and when I applied for my provisional licence at 16, the endorsement only had 13 months left to run. Saying that, it was a year or two back!

 

[fuzzer]

That certainly was the case, and may well still be the case. Just keep schtum in case they tumble. Of course, it could just be that they want the money...

What a thing to say! go wash your mouth out !