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Speed & Greed - well written article.

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Old 07 November 2006, 08:36 PM
  #31  
andy97
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Have you been off to ask the sergeant . You also show a lack of practical knowledge of magistrate courts, re speeding offences.

You would be crucified with "I was only overtaking the truck, please dont find me guilty".

Mitigation like that doesn't wash in the corrupt scammer/cps/magistrates partnerships.
Old 08 November 2006, 09:13 AM
  #32  
Diesel
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Originally Posted by Felix.
You should be able to drive a car and keep checking your speedo from time to time. You can check it in the same way you are supposed to check you mirrors. If you can’t drive without checking you instruments and mirrors from time to time – then you shouldn’t be on the road really.
That’s how it used to be. I cant TELL you how GLUED I am to my speedo now; I must glance at it every 4 seconds or so. Your speed can vary by 4mph in seconds – and that is enough to gain you points in these days of absolute robotic enforcement. Be on nine points and you could lose your job even…. And no I was never caught by a GATSO, me too being an observant driver; I spot those like all other clever clog, mum endorsed, mega drivers here. Am I bitter and paranoid? Yes, but that is what this safe driver of 20yrs no accidents has been turned into by this absurd UK situation. I now get tailgated on daily basis as I brake for limits, and an accident for me is surely just round the corner.

Originally Posted by Felix.
I am also sure that if you are overtaking something big and have to go over the speed limit slightly, you have a lawful reason and will not be prosecuted.
I’m afraid not Felix and I have the 3 points to prove it. Passing an artic on a mile long straight in mid Wales on a sunny day. 71mph for 1 second is all it took.

D
Old 08 November 2006, 09:59 AM
  #33  
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I have always thought that overtaking another vehicle is not regarded as a valid excuse for exceeding the speed limit. Thats what they always used to say anyway.

Les
Old 08 November 2006, 10:15 AM
  #34  
Diesel
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That was not part of my IAM training Les'... They encouraged me to pass safely, and minimise Time Exposed to Danger [i.e being on wrong side of road!] even if that meant breaking the limit for a couple of seconds.

Also the Highway Code encourages you to ‘overtake quickly’.

D

PS I in fact approached the IAM some 20 yrs after passing my test to see if there was some ammo to be had in challenging this zero discretion/common sense prosecution. What they told me off the record was in accordance with principles of common sense, but they couldn’t politically go ‘on the record’ with that, or therefore join me in court! Civilians operating by the book & throwing the book it is these days…
Old 08 November 2006, 10:29 AM
  #35  
Felix.
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Originally Posted by Diesel
I’m afraid not Felix and I have the 3 points to prove it. Passing an artic on a mile long straight in mid Wales on a sunny day. 71mph for 1 second is all it took.

D
Did you contest it....
Old 08 November 2006, 10:33 AM
  #36  
Felix.
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Originally Posted by andy97
Have you been off to ask the sergeant . .
No - just re-read your post

Originally Posted by andy97
You also show a lack of practical knowledge of magistrate courts, re speeding offences.

You would be crucified with "I was only overtaking the truck, please dont find me guilty".

Mitigation like that doesn't wash in the corrupt scammer/cps/magistrates partnerships.
Most traffic offences are open to defences at court - its up to the court to decide if the offence was commited due to a reasonable excuse. If they agree, then you will be found not guilty.
Old 08 November 2006, 10:40 AM
  #37  
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Originally Posted by Felix.
Did you contest it....
There were no legal grounds to contest it, and I had no time to enter the more complicated Human Rights based fights. Even if my father had had a heart attack and I was 'rushing' to see him it is not grounds or mitigation anymore. It is an absolute offence & £60 please.

Sometimes I think you are stuclk in the 'good old days' Felix

D

Last edited by Diesel; 08 November 2006 at 10:43 AM.
Old 08 November 2006, 11:25 AM
  #38  
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Originally Posted by New_scooby_04
NIIIIIIIIIIIIICE!

Essex based company per chance?
Nope Crowthorne, Berkshire
Old 08 November 2006, 03:46 PM
  #39  
Felix.
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Originally Posted by Diesel
There were no legal grounds to contest it, and I had no time to enter the more complicated Human Rights based fights. Even if my father had had a heart attack and I was 'rushing' to see him it is not grounds or mitigation anymore. It is an absolute offence & £60 please.

Sometimes I think you are stuclk in the 'good old days' Felix

D
I take that as a no then.

You always have a legal right to contest it
Old 08 November 2006, 03:53 PM
  #40  
Diesel
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Originally Posted by Felix.
I take that as a no then.

You always have a legal right to contest it
Felix you make that sound like a sensible option, and I have no idea where that notion comes from. I probaly have a legal right to contest the opening of parliament, but wouldnt get very far with that either
Old 08 November 2006, 05:15 PM
  #41  
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Originally Posted by Felix
its up to the court to decide if the offence was commited due to a reasonable excuse
Do you have first hand knowledge of said excuses which work in court, I would be grateful if you could post them up in order of success?

If you dont mind I would like to forward this thread link to a motoring law website, so that the members may benefit from these excuses.
Old 09 November 2006, 02:39 PM
  #42  
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Diesel,

I certainly agree that it is far more sensible to be in the overtaking position for as short a time as possible. I was quoting the official line as far as the law is concerned of course as I think you realised.

Les
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