mshill

iTrader: (4)

My bro is in court in 2 weeks for an intermediate diet as he got done doing 67 in a 30 zone by cops at side of road.

Now before you all think he was going by a school at 3pm, he was 100 yards from entering a country road and the main built up area was 2 miles behind him and it was 8pm. There was only a few detatched houses for at least the last half mile of the 30 limit.

His lawyer has not been alot of help and has told him to plead guilty to dangerous driving which will give him a 1 year ban and a re-sit of his test.

I told him to get another lawyer, plead not guilty to danderous driving, hopefully careless would be the charge and then it will go to the court date in july. But his lawyer again said that will make matters worst if the final court date finds him guilty of dangerous driving and he could get a longer ban.

Any advise??

B0DSKI

iTrader: (17)

Pray ??

Petem95

Dont really have too much sympathy to be honest.

What car was he driving? If hes some chav who drives a subaru or something and wears a baseball cap to court then he's surely looking at hundreds of pounds fine and a years ban.

If he was on business and looks smart in court he might get off with 6months, but surely a ban is certain.

SirFozzalot

Put this on.....

mshill

iTrader: (4)

Very funny guys!
He was in a standard astra sxi and is in his late 20's so not a boy racer!

theotherphil

Speeding is an absolute offence. That means it is punishable even if you are 1mph over. Regardless of what time of day/ where he was, he chose to ignore the speed limit and take the risk of being caught. Don't get me wrong, we all do it but 67 in a 30 is not really defendable now is it? He is looking at a ban regardless of the actual charge they use...it's just the length of time he'll get that'll vary! I just hope he'll learn something from this.

Rajaman

iTrader: (3)

My brother got charged with dangerous driving, contested it, eventually went to Crown where he got banned for 2 years. Dangerous driving can alaso carry a custodial sentence, v unlikely in your brothers case, but it's a serious charge
Does he need to drive for work, etc, if he does he could possibly keep his licence if he can prove this
Plead guilty at majistrates, show evidence to support how loosing his licence would cause him to loose his job, good character refs, etc, there is a slim chance he could keep his licence
The trouble is, when you get caught doubling the speed limit the plod and cps don't take it too kindly
All the best
Ray
PS Try to find a solicitor who specialises in this area of the law, makes a massive difference

homerjay

just wondering, if he actually was doing 30 in the 30 zone but then accelarated too early for the national limit, how did the 67 get determined?

V1CK1

If someone is speeding they have to accept the consequences that this country has in place. Whether or not we agree with the speed limits etc, they are there, he knew and ignored them.

He should prob get a 2nd opinion from another solicitor and then decide what he wants to do.

Vicki

mshill

iTrader: (4)

Yes he was accelerating as he was leaving the 30 limit, which is a bout a 2mile straight road from the town / village centre. Got to high 60's as he rounded a slight bend 200 yards from the country road sign and cops were sitting practically under the sign gunning him.

The fiscal did say that he would have taken about 300 yards to stop! Though funny he managed to pull into the lay-by just before the cops, as the waved him in.

billythekid

Corret, speeding is an absolute but DD is not.

So I assume he is up for DD and SP30? If so I would push for the DD to be dropped, if you can prove no danger then this should be fairly easy. If there was a danger then he is looking at a long ban. His Sol sounds like an idiot, he needs to get better advice and quick.

homerjay

does sound unlucky as we've all accerated up to speed limit signs, but unfortunalty theres no excuse for it...

imo whats gonna really go against him is the bend... he dint see the copper so i'd hate to think what might of happened if the copper was a kid on a bike or sommit...

vindaloo

My 2p and I'm not an expert....

IMO tell him to get another solicitor.

Speed alone shouldn't be used to determine dangerous driving. He was obviously on the ball and observant as he pulled in before the police at the layby. Have the police made any comment regarding the way he took the bend etc?

As he was cornering, are they sure they got a correct speed reading from his car?

Ideally, he'd look for the DD to be thrown out. If they haven't also brought speeding up as a separate charge, should be game over.

J.

T20Driver

iTrader: (3)

Out of my league for advise .... might be able to get some on http:/www.pepipoo.com (see the 'Fightback Forum' as well as all the other useful stuff) ... including a specialist lawyer

Trout

iTrader: (1)

Give Nick Freeman a call - it is his only chance.

He got someone off as the PC was chewing gum in court!!! A hoot.

He is very, very good.

badgersport

I do know somebody who got off (some years ago) in similar circumstances because they managed to prove that if they were doing the stated speed they would have ran the copper over. As they stopped before him they couldnt have been doing the stated speed.

mcarrick69

Thats what you need mate. A mircale worker.
Seen him on Fifth gear the other night!

homerjay

and im guessing, rather pricey too...

hedgehog

On first reading it looks like his solicitor is a sandwich short of a picnic but we don't really know the full story.

It is very difficult for the CPS to prove dangerous, hence why the charge is rarely brought. This leads me to think there might be more to the story. However, if this is a clear 67 in a 30 with no other circumstances then there is a lot of case law to indicate that speeding in itself is not sufficient to convict on dangerous. Any solicitor with a knowledge of motoring matters should know this.

So, another solicitor is required I would say. Nick Freeman is a big name and keeps getting a mention but there are lots of other solicitors who specialize in motoring law who would do just as good a job. Take a look at the resources on the ABD web site for a list of some of them:

http://www.abd.org.uk

In terms of cost he needs to be thinking in terms of £5k as a starting point, Freeman will be about twice that. Clearly he has to do the cost/benefit analysis but dangerous is a very serious thing indeed and he could go to jail for it.

StudentScooby

In 1997 i got caught doing 65 in a 30 and i had just overtook a thorntons lorry and 3 cars, walked away with a 14 day ban. Its still written on my licence infact!

trails

iTrader: (41)

two observations;

if you speed in a 30 limit (regardless of conditions etc), you deserve all you get.

www.pepipoo.com is worth a look for advice.

ian

Andy M3

http://www.keepondriving.co.uk/

I agree Nick Freeman is the man.

I know of someone who got out of very deep poo poo. Worse than that, freeman managed to get all legal expresses paid for.

IIRC £10k spring to mind for a 'job'.

Good luck !

Trout

iTrader: (1)

Yeah he has a golf course in his garden so he is probably 'quite' well paid

SamUK

iTrader: (1)

I was cought doing 61 in a 30 5 years ago..

Went to court handed a letter fromt he employer that i will loose my job if i loose my licence, but they still baned me for 2 months and fined me £350!!!

matchmaker

And I'm guessing an English solicitor.

This is a Scottish case

Reality

Sounds like his current solicitor is a lentil muncher.

get him to find a specialist to advise him.

oh - And tell him to slow down

suffolkdar

Still no excuse for driving like a tawt in a 30 limit, If it was your town or village and you wife and kids were walking down the road and he couldent stop.......... He needs locking up IMHO

SiDHEaD

My mum sat in on a court today with someone doing 60odd in a 30. He was asked "will it cause u to lose your job if you are banned"... he said "i dunno"... they said well we'll ban you for a month. Result.

Ian_S

2 colleagues got done last month in north wales 68 in 30 and 70 in 30 on a dual carriageway

one with clean licence got 42 day ban 200 fine

other had 6 points so they gave him 6 to do him for totting up so a 6 month ban.

SiDHEaD

Oh yeah thats right. This guy was a totter... dunno why they only gave him a month then.. Mum probs confused and he had a clean license ... well she is old...