Blakey wrote:
Fisherman has said this on more than one occasion. It seems odd to me that the figure always seems to be “10mph”. And even stranger if all these drivers spontaneously come up with the same figure.
It is without doubt the commonest excess speed that drivers admit to. I have no idea why.
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I’m beginning to think that this may be fisherman’s figure, not theirs.
One explanation, then, would be that these drivers are asked directly, perhaps by fisherman himself, during the course of the hearing, whether they think that if they had been doing 10mph less there would not have been a collision (or that the accident would have been less serious than it was)
Questions in court are asked by the prosecution and defence advocates. JPs only ask questions when they are not clear about a point that has already been raised. When a specific speed has been stated there would by no excuse for a JP to ask anything more.
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But wouldn’t I be right in saying that any answer the driver gave to that question would be pure conjecture? And therefore not admissible as evidence in any court?
If asked "how much slower would you need to have been going to avoid the collision?" The defence or the clerk or the chairman should immediately say that it would be necessary to establish the defendants credentials as an accident investigator before he could be required to answer such a question.
When something like that does come out in court, it is almost always as a voluntary remark by the defendant.
fisherman wrote:
the system regards a guilty plea as the strongest form of evidence. When someone says that 10 mph less would have avoided a collision they are making things worse for themselves not better.
If you say you did whatever it was that you are accused of that must be the strongest form of evidence. You were there and are making yourself liable to punishment by saying you did it.
leaving aside those with mental illness,how could any evidence be stronger than that?
On the rare occasions when someone is charged with DWDC and states that excess speed was the sole cause they have admitted to an aggravating feature which will increase the sentence.
Bacause they have admitted that the cause of the accident was something entirely within their own control.
Not a sudden braking by the car in front, not a patch of diesel, not the never seen before and never seen again black dog that ran out, not the person who waved to them, not the gangsters who were chasing them, but their own fault.