Safe Speed Forums

Words fail me.

No they didn't .
But comments like that really do weaken our primary campaign message.

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When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
When I see a youth in a motor car I do d.c.brown

Well, the guy who was doing 118 when challenged that such a speed is probably a little too much on a A road in use by other members of the public replied "not in a porsche it's not". He seemed to think 118 down the outside of a queue of traffic was a perfectly Safe Speed as did the motorcyclist.

Had anybody stuck their nose out of the queue we'd probably be looking at the death or serious injury of the porsche driver, the motorcyclist (neither of which I'd be too bothered about, live by the sword an' all although the monetary impact of having to support their dependents would smart a bit) but also the death or serious injury of others who had no part in this ridiculous behaviour.

I think you miss the point Weepej.

The police are employed to gather evidence and make sure that evidence is of the highest integrity. They choose not to buy one of the type approved bits of kit. Its like you buying a fake rolex and beig upset that it dosent keep time!

There should be an enquiry as to who is buying all the wrong kit.(with our money) The home office hold a list for god sake, how hard can it be!

When I go to work tommorrow I shall start buying the wrong kit, see what happpens. The guy at the council will buy street lamps from an art student, the doctor will buy pacemakers off ebay, We can have a few high speed train rails from an old redundant coal mine. Bargin meat thermomiters at tesco, Hows anout saving a bit of cash on the suspension bridge. Oh and that airoplane flying over your house has an uncallibrated altometer.

A guy traveing at an unknown speed, was accused of 118mph using some Micky Mouse untested, unaproved , uncallibrated bit of kit.

What speed was he realy doing, How is your crystal ball? My crystal ball caught you at 210mph this morning. How do you plead?

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code

118 mph, he admitted in in the first post on this thread:

I think Stude is seeking a defence of Duress of Circumstances.

I am surprised that no-one has mentioned the case of Conway [1989] where the defendant drove recklessly (as it was then) to escape from two men who had approached his car. He did so because his passenger, two weeks earlier, had narrowly avoided serious injury when he was the target of an attack in another vehicle, and so the defendant now feared a similar attack. The two men turned out to be plain-clothed policemen! However it was held that the defendant had a valid defence of Duress of Circumstances.

And in DPP v Bell [1992] the defendant had the same defence to drink-driving to escape a gang of men but he stopped in a lay-by as soon as the danger had passed.

Its not what Stude did, its what he said he did that matters. I will explain: It would seem that Stude probably had a gripe about the motorcyclist and proclaimed that it was ok because he was in a Porsche. What Stude should have done when stopped is jumped out screaming "He's got a gun" and dived for cover when the motorbike passed. Then cling to an officers leg proclaiming that he had saved Stude's life while describing the terror of a motor cyclist pointing a gun at him.

Of course enquiries would reveal that Stude was mistaken but his defence would be allowed where an honest mistake had been made.

However, I feel that the "Safe Speed Bloggers Jury" are a fair reflection of what will happen in practice if such a defence is made in Stude's circumstances.

Its not what you've done, its what you said you did.

text restored by moderator

The defence of duress is only available where pressure was applied to persuade a person to act in a specific way. In practice duress normally refers to instances where actual or threatened violence was used. This is confirmed by Martin [1989] (1989) 88 Cr.App.R. 343, in which duress of circumstances was recognised as a potential defence to a driving offence. The judgement makes it clear that the defence is available only if, from an objective standpoint, the accused can be said to be acting reasonably and proportionately in order to avoid a threat of death or serious injury.


which was based on a previous violent incident, the OP here has not mentioned any previous incidents and has merely said that he felt threatened. Given that he was in a car, the other person on a motorcycle and no mention of weapons or gestures, I don't think duress could possibly apply.


Only if the steps taken to avoid the perceived emergency were reasonable having regard to all the circumstances.

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I am not a lawyer and can't give legal advice. I do have experience of the day to day working of courts and use that knowledge to help where possible. I do not represent any official body and post as an individual.

If the police commented about the biker, surely they must have been concerned about his speed, too? No radioing ahead to have him nicked, further down the road? If not, why not?

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www.thatsnews.org.uk / www.thatsnews.blogspot.com / http://thatsmotoring.blogspot.com/

Hi

I feel for the OP...possibly because I also own a Porsche.

I suspect the comment about the fact it was a Porsche was about its handling and braking ability...

118 mph is NOT dangerous in a Porsche...as long as nothing is around.....like a queue of traffic in the inside lane....

I have traveled at well over 150 in mine and intermittently passed others cars in both inner lanes and perfectly safely ....

In Germany ....

The 118 mph is not the problem here, its the closeness of the other cars and the bike....

I am slightly surprised the Police officers didn't follow the bike.

All the best Brett

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PORSCHE 928 S2 AUTO V8 4.7 LTR 1986 IRIS METALLIC BLUE WITH X-PIPES ,RMB ,PROMAX CHIPS, KICKDOWN SWITCH, K&N, WIZARDS OF NOS - PRO RACE NITROUS KIT 1000 HP.
EX - PCGB UK 928 FORUM MODERATOR - Email managingdirector@pchealthcare.co.uk

It is amazing how much of the law has been written to aid the police get easy convictions.
Things like type approval, designed to save them provig the accuracy each time in court. So what do they do? buy dodgey kit of some geezer at a speed camera fair.

Even sillier , they buy kit off the homeoffice approved list then change the fixed lens for a zoom lens and ruin the callibration. Or they dont allign the cross hairs and laser as per the instructions.

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code