Safe Speed Forums

Hi all,

First post here, some very useful informatio on here, keep up the good work!

Now I have a question which some of you more in the know may be able to help with...

I've recently received a NIP for doing 50 in a 40 zone, it's one where the limit is 50 and then drops to 40... I was driving and have signed the form and sent it back, now I have the conditional offer of £60 fine and 3 points (to an otherwise clean license).

In light of recent events regarding PC Mark er... Whathisname being aquitted of all charges because of doing [apparently, media do love to sensationilise] 84 in a 30 and 154 in a 70 zone because he was skilled and trained enough to handle the car at those speeds...

...That has surely set a legal prescedent? Basically I am thinking of going to court with this ont he basis that I have passed my ARDS (Association of Race Driver Schools) test with flying colours last year, done a full race without crashing, have done a few timed sprints again without crashing and have been doing trackdays (with tuition) for about 3 years now, in the wet, dry, sun and rain and I beleive that I "have the required training" to be able to handle the vehicle at 50mph on a clear sunny day with good visibility entering a 40 zone...

...Am I just hopeing here and should just take the 3 point and be done with it?

I have also heard of a case where an ex-rally driver got off charges of dangerous driving as again he could "handle" the car... But can't find any more information...

Any advise would be greatly appreciated!

Mark

Hi there,

you should have gone here....

http://www.safespeed.org.uk/forum/viewtopic.php?t=120

...before signing anything and also you should have asked scamerati (partnership) for the photographic evidence-sounds like you've left it too late and already declared yourself guilty.

Regards

Andrew

_________________
It's a scam........or possibly a scamola


Homer Simpson

Thanks Andrew,

Ultimately I was resigned to the fact that I was probably doing 50 and it was posted as a 40 zone, so in that respect I am guilty and od admit that...

However, as has been prooven, with enough experience it is seen that someone can be in control of a vehicle even at higher speeds and thereby be aquitted of the driving offence, not that you're not guilty, but that you able to proove that you are safe at that speed...

I'll see what they say on PePiPoo as well as to my mind (which is often wrong ) a legal precedent has been set and so if prooven that they have the necessary training that they are safe even at high speeds.

Interesting one tho'...

Unfortunately for you in this case (or perhaps fortunately) you are 'only' being prosecuted for speeding, rather than dangerous driving.
This means the 'skill' factors do not come into play. The 159mph Bib was acquitted of speeding because the Bib are allowed to speed where a vehicle is 'being used for police purposes' and he was able to convince the court that his driving was part of that.

A scottish driver has, i believe, been acquitted of dangerous driving at a similar speed, but was convicted of the actual speeding offence. (If I'm wrong on this, please correct me).

try pepipoo, if you think you may be able to fight this ticket

As stackmonkey says, no legal precident has been set as speed limits do not apply to police on policing duties.

You are not being prosecuted for dangerous driving but others have been able to defend such a charge because they could demonstrate they weren't driving dangerously (as in this case).