Theoretical Speeding Question

[st13phil]

But in this case Dave knows he was speeding...just not by how much.

I think the Officer told Dave at the time of the stop what speed he was going to be reported for. My guess is that were Dave to go for a drive in his car with the under-reading speedo together with a GPS receiver that shows speed, he'd have a good idea as to whether the accusation was near enough on the money or not.

 

[finisterre]

Dave is absolutely right to drive with 'verve' on an empty motorway.
This law is unjust.


We need a pro motoring political party.

 

[jaymanek]

Thanks guys, dave has tested his speedo and at 50mph it is reading around 44... so at the alleged 110, it would have been reading around 96.

Dave realises this is no excuse but may help his case.

Dave honestly did not think he was doing anywhere near 110.

 

[BTB 500]

Thanks guys, dave has tested his speedo and at 50mph it is reading around 44... so at the alleged 110, it would have been reading around 96.

I would advise Dave to also check the speedo error at 70 if at all possible.

 

[st13phil]

Dave realises this is no excuse but may help his case.

If Dave had been stuck on for 79mph (79 * 44 / 50 = 69.5mph and therefore within the posted limit) or just a little higher I can see how it might be useful, but in the circumstances I'm not sure how much help it would be. Dave needs to take advice, but two obvious questions that a Magistrate may ask (the second one rhetorical):

1. With Dave's background regarding motor vehicles, was he really unaware that the speedo was under-reading?
2. So then Dave, you admit that you have no respect for the 70mph limit and wilfully drove at a speed that you believed to be 26mph above it?

The good news is that it's probably too late for them to add a charge of using a motor vehicle with a defective speedo though.

 

[brucemillar]

Another one for Dave to consider:

In my court case (mentioned earlier) it was stated that the calibration of the speedometer was my responsibility (assuming I was going to use that as a defense) It would not be seen as an excuse for breaking the speed limit. There is a +/- tolerance for that allows for speedometer fluctuations that is taken into account when determining these cases

As I recall. It was put to me that it would be like claiming you didn't realise you car had bald tyres before you skidded of the road.

I was told that stating you did not know what speed you were traveling at can be seen as "driving without due care and attention"

I think Dave should get some good legal advice if the letter drops through his door. I did and it did pay dividends, but still cost me in lawyers fees.

This was in Scotland.

 

[flango]

I would recommend Dave takes particular notice of Mr B's posts as I seem to think he may be very well qualified to speak on the subject

 

[jaymanek]

Dave had his big day today...

Some things that might help anyone in the future.

The county courts have a set procedure. Dave had written a 2 page long "mitigating circumstances" explanation and he read this out with as much dramatical remorse as possible but they didnt care..

They simply followed some flow chart and gave Dave 6 brucey bonus points and a small fine...

They did at one point ask Dave if a disqualifcation would cause any hardship, Dave replied that of course it would cause an issue but he preferred a suspension over points...

So they gave Dave points.

Dave has learnt his lesson.... I hope

p.s. always get to court early, Dave was there before the place opened and that was lucky as he was first in Line, most others with a 9.30 appointment would have been seen in the afternoon due to more important cases jumping the queue.

 

[Dieselman]

Not too bad Jay Dave.

 

[Harrythedog]

The moral of this story is that saying sorry is the equivalent of a two page mitigation statement

 

[jaymanek]

Oh I forgot to add if you dont have points, you are likely to be given points (given speed etc) rather than a ban...

If you are getting close to losing your licence then they will normally choose a ban, again taking into account the severity of the speeding.

 

[V12]

Time to get an a class. You know when you're exceeding 70 in one of those tin cans. Big mercs are too dangerous for the license. I have to use the cruise or I find the Speedo needle keeps going round...

 

[wemorgan]

Time to get an a class. You know when you're exceeding 70 in one of those tin cans. Big mercs are too dangerous for the license. I have to use the cruise or I find the Speedo needle keeps going round...

This one looks nice: 2006(06) MERCEDES A180 CDI ELEGANCE SE DIESEL CVT AUTOMATIC SILVER - Mercland

The dealer offers big discounts in December as he has mind set on skiing.....

 

[jaymanek]

Yes you are rights, its extremely easy... I do often find myself at 80-90 but not usually more..

 

[jaymanek]

This one looks nice: 2006(06) MERCEDES A180 CDI ELEGANCE SE DIESEL CVT AUTOMATIC SILVER - Mercland

The dealer offers big discounts in December as he has mind set on skiing.....

Nah Dave wouldnt buy a car off him if he owned the place...

 

[bennesspipers]

2 facts from me getting caught last december,
I wasnt given any paperwork, but i was told i'd be going to court because of the high speed, court summons came in the post weeks later.
The summons told me that as i was pleading guilty by post that it was my duty to contact the court on the day of the case to see if i was to be banned, which would mean going to court.
To be honest i think i did quite well to get off with 6 points & £180 fine, the cops did ask me if there were any extenuating circumstances, but i didnt think telling em that i was rushing home wi a girl to ...er.....um....see to her needs would help me in court so i shut up !

 

[st13phil]

p.s. always get to court early, Dave was there before the place opened and that was lucky as he was first in Line, most others with a 9.30 appointment would have been seen in the afternoon due to more important cases jumping the queue.

Arriving that early, before the regular inhabitants have risen from their slumber, has the added advantage that DAVE didn't have to "enjoy" the company of a group of shellsuit wearing mouth breathers for a day

 

[Bobby Dazzler]

Good to hear it's all sorted.

I'm sure the time passed more quickly for us than it did for Dave!

They did at one point ask Dave if a disqualifcation would cause any hardship, Dave replied that of course it would cause an issue but he preferred a suspension over points...

So they gave Dave points.

Did I read that right, Dave preferred Suspension but got points?

 

[Ian Donkin]

I got a 14 day ban 22 years ago for exceeding the limit by 32mph; it took 4 months before I got the NIP and the day of the hearing counted as day 1 of my ban period. I just coughed up in court and apologised.

I had a clean record from then until yesterday when I received another NIP; this time the accompanying paperwork suggests I should be offered a speed awareness course which will be no bad thing given the half million miles or so I have driven in the interim period...

 

[jaymanek]

Did I read that right, Dave preferred Suspension but got points?

Yes Dave preferred to be off the road for 28 days or whatever... a week of which Dave would have been sliding down a mountain anyway...

Dave heard them discussing the 28 days and so thought that would be his sentence but then all of a sudden they changed their minds.

Points stick with you for 4 years and affect insurance... although his insurance company didnt seem too bothered by 6 points and said it may affect the premium next year but not this year.

Also Dave has to be super careful, how easy is it to get 3 points from a speed camera in an area you havent visited before... two of those and he cant drive at all!