racing on a public highway

[shilzo]

well following a friend through some back country lanes when car behind comes racing up then blues come on so we both pull over.

basicly were both being charged with racing on a public way............ which we wernt.

we both admitted speeding, which we were, naughty me i know.

now i dont know the area where we were at all but my friend does so i was following him as he was taking me somewhere i was unsure of what speed we were doing as i was trying not to lose the guy in front as i wouldnt know how to get home otherwise.

police didnt care and were both going to court for racing

any advice?

 

[robert.saunders]

What was the speed limit that you breached?

 

[shilzo]

nsl

 

[verytalldave]

Unfortunately, I would think you will probably get convicted of racing as there was two cars involved and you knew each other.
Here is the strict definition.....
http://www.thefreedictionary.com/race
If it had been just one car, then it would "only" be speeding.
BTW.......what speed were you both doing and what is the limit on the road you were stopped? If you were only just over the limit, I would think the "racing" charge could be sucessfully contested. However IF you were doing 55mph down a 30mph road, then you will have to take it on the chin.
Its whats known as a lesson learned. We have all been there. I was young once and did silly things. Beyond silly sometimes, dangerous would be a better word. Things I would NEVER EVER do now. My first speeding offence was doing 48mph on a 30 limit road. I still use that road nowadays and I wouldnt dream of doing anything like that speed now down that road. Yet, at the time it didnt seem unduly fast to me.
There is NO excuse you can use to the police to get you off speeding. None. If he lets you off with a just a stern ticking off, consider yourself very lucky.
Unfortunately (for you), the police do seem to target younger male drivers for very many reasons, so you shouldnt be too surprised that you were stopped. Who knows? Maybe they did you a favour. Who is to say a few miles up the road and a few miles more mph and you could have been involved in a bad accident. It happens.
Sorry to sound like a lecture, but I feel that you deserve a full answer even if its not want you want to read..

 

[verytalldave]

nsl

So what speed where you doing then?
The police must have said.

To break the NSL limit down a "back country lane" sounds a little dangerous to me.
Remember, you can still be prosecuted for dangerous driving even if you are within the speed limit. Its all down to the opinion of the police officer involved. Just because the road limit is 60mph, it doesnt mean you can automatically do 60.

 

[robert.saunders]

You're "going to court for racing"? AND speeding?? Or 'just' the racing offence (which is under RTA '88 - MS50 I believe, 3-11 points)?

 

[shilzo]

just the racing charge as far as i know and they didnt say how fast i was going all they said was that we followed you doing 80 plus it was a straight road with no obstructions on either side i wasnt charged for doing a speed just the racing.

i am taking the approach tho of whatever happens happens and ill have to deal with the concenquences which i annoying but yea.

neither of us were reported for excessive speed just for the racing

 

[robert.saunders]

Sounds like they had no 'proof' of your speed so the racing charge would suffice? Traffic Plod or regular?

 

[shilzo]

traffic

which means basicly im screwed lol

 

[robert.saunders]

Probably! Interesting offence though, can't be that common, for what it's worth

 

[shilzo]

what i cant understand is that i was behind my friend in a 1.2 yaris i was behind him the whole way and at no point did i try to overtake him which is a tell tale sign of racing its annoying that im being prosicuted for somthing i didnt do. but if they have no proof of our speed how can they have proof of us racing i dont know how fast i was going if i was doing 60 they would have to do 80 to catch us up to pull us over. its also my first offence im squeeky clean lol as is my licence both our stories are the same even tho we didnt have time to confer etc.

but meh whatever happens happens

 

[Dieselman]

What evidence do the Police have and what record do they have that you were racing?
Did they log your speed, have video?
Were you 'making progress' down open road or burning off from traffic lights, etc, was there any attempt made at overtaking?

If they haven't recorded any evidence it will be interesting to see what they have for it to go to court given that they don't appear to have an indication of your speed.

Maybe you were making good progress but didn't actually break the speed limit.


Just a thought.

 

[robert.saunders]

When I say proof I mean speed testing equipment; if the PC is relying on the calibrated speedo, that's good enough. The PC would have to submit their write up to the court regardless, stating what s/he saw.

 

[shilzo]

last person that got prosicuted for racing got a 1 year ban

 

[JC180]

Get yourself a good lawyer, you'd be surprised at what he may be able to do for you. Depending on your budget and how many points you presently have this may be a very good idea. Unless you are well versed in the law I would not defend yourself and if you have a valid?! argument (i.e you were following as you were going to an unknown location and your mate was speeding etc...) you may be able to get off lightly.

I know two people done for over 110mph on the motorway and both were given 6 points and fined £500 after apologising and putting up a good show in court. It may not be as bad as you think just seek advice.

 

[shilzo]

we were not logged for a speed( that im aware of) i dont think there is any video evidence nor were we in traffic it was an open road.

 

[shilzo]

this is the thing i was following to an unknown area lol but the officer didnt want to know

 

[Dieselman]

Hmm, a 1.2 Yaris V's a 2.0 C-class.

Now just my thoughts but I'm pretty sure the Merc could blow away the Yaris on open road accelleration, so if you were racing, why not pass the Yaris?

It would be worth investigating the accelleration times of both vehicles as evidence.

 

[robert.saunders]

What time of day was this?

 

[shilzo]

it was 20:00 on an open straight country road