blackie

Here goes !!

Driving back on the M5 today I was clocked by a Police car (parked up on a bridge) at......101 MPH To say I am gutted is the understatement of the year.

I have no excuses really, even though I saw him at quite a distance away, I carried on and completed the overtaking manouvre safely and moved back in. The Police officers pulled me over about a mile further on and were quite sympathetic (if that helps !!). They stated that they saw me overtaking and was driving safely and that they would be putting that in their report (is that true ?)

I am now thinking I should have slammed the anchors on immediately, I don't know whether it would have helped but it would have certainly been more dangerous.

I don't know whether there is any leeway in the reading (101 mph) the officers stated that it was an exact reading and very accurate (laser gun), is this true ??

Does anyone have any advice to:

a)make me feel a bit better !!
b)help me get off this !!
c)What I'm likely to receive??(points or ban)
d)Is there any leeway on the reading ??

I have a clean license and am 28 years old

Any advice would be greatly appreciated.

Bob Rawle

I think that the M5 carries court appearances for speeds in excess of 90. 101 is a bit grey, they normally come down pretty heavily at those speeds. Having said that the police are normally quite "respectful", if thats the right word of a driver safely using his car (if the car is up to it) in excess of the limit however it won't stop them prosecuting IMHO. If you had a good reason for that speed ie necessary to avoid a potentally dangerous situation then you could plead MED (minimum exposure to danger) but, in your case I think you will have to take the punishment.

It would have been better to brake as heavily as you could safely and pull back in, at least you then have the whoops sorry but seeing you made me realise, I won't do it again etc etc. The Police are a deterant as much as anything in these situations and that action would be in keeping with their objectives.

Sorry can't be more optimistic.

Bob

ellise

a few points won't hurt you!
until insurance renewal anyway.
i've never actually told my insurance company about mine.
i've had points for the last 10 years, it seems as though as soon as some are due to expire i get more.
next march i am due to have a clean liscence again so i can expect to get caught soon.
its all part of having good cars i'm affraid.
luck plays the biggest part in it.

pete

chrisp

Hi Blackie,
I cant really offer any advice except have a look at this site.

blackie

Elise - I don't mind points, but a ban is bad news.

Chrisp - I've just been on that site and printed it off, thanks !!

Any more ???!!!!

DAZ

it will go to court at that speed
do you drive for a living ?
normily if you do drive for a living they are quite lenient
they dont normily ban you but it depends on the judge on the day

may carry a bit of a fine and lots of points

it doesnt look good sorry

myself i would have braked quickly

plead your case in court as its a first offence as well

best of luck

daz

Nick

Blackie

Bad luck being caught. See a solicitor first - you can usually get the first meeting FOC. Get the gen - there was something a while back that policemen were not allowed to just sit in their car zapping everyone. By the time you saw him - it was already too late. If the solicitor says that you were "got" legally, then don't use a solicitor & plead guilty with mitigating circumtances. Expect a short ban. Where were you done exactly?

Ellise

I hope you're not advising other people to not tell their insurance companies about points etc. If you are not trolling & really haven't told them, then your insurance is null & void.

DavidG

Blackie,

Different forces have different policies about prosecution. For example, some have no discretion over 100 mph - they have to send you to court rather than give you a Fixed Penalty Notice or let you off.

David

blackie

Guys,

Although I don't drive for a living there is times when a license is neccessary for my work (weekends etc). I don't know whether that is good enough but maybe.

I was "done" on the M5 at J28 nr Cullompton.

I've just read the "speedtrap bible" and found it quite useful. Some good bits about asking for callibration tests of the equipment. Noticed that the bans and points were very inconsistant.

blackie

Zoog,

I've been thinking that last night/this morning. If I go too OTT they will probably punish me more.

Nick,

I'll try to contact the local Police force in the area and enquire if the callibrations were done (I think this is before & after their shift ?)

I'm still dissapointed that I couldn't be "done" for say 90-95 MPH and received a fixed penalty. I thought that this was going to happen when they stated that they had seen the overtaking manouvre and was done safely.

Why 101 ??!!!!!!

pat

Blackie,

You may be in luck... I recall reading somewhere that you'de have to be doing 36 MPH over the limit to qualify for a ban... odd because I always thought it was 30.

If you want to fight, go for an inaccurate reading. If you can create reasonable doubt with regard to the reading (it *could* only have been 99 MPH, couldn't it? what with all this strong wind? etc etc). If you want some more gory details of the physics, I can have a quick chat with a friend (PhD in measurement techniques) that should see you an undisputable 20% error on the reading. There are probably some other technicalities you could get off on (I mean completely off the hook)... do some digging... eg was the device used within the guidelines of its type approval? [you can use that one for the gantry mounted Gatsos on the M25... they aren't within type approval!]

If you prefer to play it safe, turn up with a chaufeur (sp?). It's reverse psychology... the courts want to punish you. Seeing that taking your license away won't accomplish that (you have a chaufeur, remember, so you don't care) they'll probably let you off with a fine, and probably some points.

One thing that they CANNOT do you for is dangerous driving. The officers gave that one up when they told you that you were driving safely. *ALL* that's left (as if it weren't bad enough) is exceeding the speed limit. And also, let's not forget, that the officers in question will have to be at Court on the day... if they're not and you've got a good solicitor, you'll probably walk away with no points, fine or ban.

Hope this helps. But DO keep looking through the Speed Trap Bible. Lots of valuable info hidden within! Also, there's a wee book written by an ex traffic cop with some of the finer points of the law illustrated [like how to get off with drink driving.... not that I'de ever condone such an action, but if you can get away with that, what do you think you can do with *safely* exceeding the speed limit?]. It's advertised in a few of the motoring mags. Not idea how good it is, but perhaps worth a look.

Hope all goes well,

Pat.

blackie

Pat,

Thanks for that, I'd be interested to know of any details your friend could help with. I've been searching all night for anything that could help me !!

I'm glad I'm not the only one up at this time of night/morning. I can't sleep, drivings all I live for !!!

Here's to another few weeks of sleepless nights !!!

blackie.......

zoog

Blackie,

Best of luck mate!

I personally wouldn`t go down the route of querying calibration etc etc - it`ll only wind up the magistrate and make them less likely to be sympathetic to your mitigation arguments, which seem quite strong to me. Best to put your hands up and be terribly apologetic and stress the necessity of a car for your job etc and the fact that the cops said you were "safe".

I reckon you could swing it to avoid any ban and just get a largish fine and 6 pts, esp with no previous.

Good luck!

Nick

If you want to query the calibration etc,... you do it now - before court. At a best case (I've had experience of this) if you make enough of a nuisence) they could drop the charge - but unlikely. Although it's worth a try. Write to the Chief Constable in the area that you were caught.

There are certain rules as I mentioned. Another one is that the officer must keep the laser trained on your car for 3 secs, they must also use the laser as a backup to their opinion. Check this legally first though.

johnfelstead

Ellise, i hope you never meet me in an accident. You are driving uninsured, can you really afford to do this?

If you crashed into me with no insurance cover, i'd hunt you down and make sure you had a painfull short future!

Just think of the devastation you would cause to an allready distraught family if you were to be the cause of a fatal crash.
With no hope of them claiming from an insurance company for compensation.

I hope we never meet, you're a moron.

pat

Blackie,

Will ask my friend when I mail him a Happy New Millennium email later today. Hopefully he can come up with something that won't require a court atendance by himself as an expert witness....

It's an odd situation this one. You're only 2 MPH over a fixed penalty... it may be worth arguing that the measurement was wrong. I think that if you get your facts straight the court may not be happy, but there won't be much they can do about it. On the other hand, you can try to play the safety ploy... ie continuing at that speed *for the short time of overtaking* was the *ONLY* safe thing to do. "Would you really rather I had endangered the lives of other motorists just to avoid an appearance here today?" type thing... it might see you down to a fixed penalty. Don't forget that they CANNOT do you for dangerous driving or driving without undue care and attention....

Cheers,

Pat.

PGMabley

I was caught at 101mph on empty M40 last year. I waited about 12 weeks for my court summons - automatic over 95mph on motorway I was told by Police.

Needed my licence for work - pleaded this to the magistrate - said that I would cause other people a lot of inconvenience in my company as the company is small and relies heavily on my being on the road.

After a lot of deliberation, ended up with a 7 day ban, no points, £95 fine. My licence has been endorsed to this effect.

Just go to court and do not try and be 'clever' with the magistrates - demonstrate that you now realise that this was not a sensible speed to be travelling at!

Good Luck
Paul

Chip

Regarding Ellise driving with no insurance.
If he's a fully paid up member of the S.I.D.C then he should be kicked out straight away for being so bloody irresponsible . We dont need prats like him in the club especially as he's so blatant about it.

Before anyone writes in supporting him think about the consequences of being involved in an accident with him whilst driving your pride and joy.

EdwardH

Blackie,

I seem to recall a celebrity (with bad driving record) coming up with the feeble excuse of being terrified by pursuing photographer (victim in hugely fast Ferrari, assailant in awesome Fiat Uno.)

He was let off lightly. If the courts bought this one, then you deserve just a slap on the wrist.

However,I am told for this to work you must support the same football team as the judge or better still play in it.

Alternatively you could help lots of old people to cross the road, this helps because the judge is likely to have been one of them.

Ed

Ed

S600BYY

ellise not disclosing your points is a very dodgy game to play,as insurance companys will try anything to keep their money take it from someone who knows

sunilp

Its not a question of some multi-million pound corporation witholding money but the fact that some one involved in an accident with this idiot will be unfairly treated. I am sure that there is a goverment organisation to cover uninsured losses, eg when you get hit by a prat with null/void insurance but thats not the point. The point is he needs to declare his points otherwise us people who declare our circumstances and pay proper premiums are giving prats like this a free ride. Whats the point...might as well not pay insurance in the first place. Ellise, if you win the lottery DONT but a 22B, buy insurance based on your facts and buy some bloody common sense.

[This message has been edited by sunilp (edited 01-01-2000).]

S600BYY

at last someone with a bit of common

sunilp

is that your reg S600BY Y?

I am S600BY X

S600BYY

yes my friend the wife got it for me for me .a xmas present so not on my car yet

BIG D

Sadly I have experience of the magistrates

You will not have received yet the NIP this must be sent to you within 14 days and will confirm the details and speed.

I would suggest the following
If going to court firstly apologise, secondly admit that driving at that speed could have been dangerous in the event of puncture etc etc

You would ideally provide a letter from your employer stating that you need to use the car for business purposes and that public transport would not be suitable.

Appear upset and stress that you are concerned about keeping your job. Emphasise the clean driving licence and that you do not normally drive at that speed.

A solicitor is useful if you are not confident of appearing in front of the bench.

Try and find examples of people getting convicted at similar speeds on the same road in local press. If they go too harsh with you this may help.

I wish you luck , let us know how you get on.

Darren
B16 DRN

S600BYY

a couple of points to ad to what B16 DRN said.how many people had the police officer stoped for speeding that day before you?if the answer is less than 3 you are ok because thy HAVE to allow for discrepencys in the start up period of their laser,also did they view your licence?if so was it folded up?the reason i ask is because an officer is not allowed to open it as it could be deemed predjudist if they awarded points to someone who allready has points or someone who doesn`t(this is a legal technicallity and a long shot)

MorayMackenzie

Ignore Pat's advice about claiming an inaccurate reading due to high winds, that would just make your offence look more dangerous! The police should have noted the prevailing conditions anyway, so you can't make up advantageous weather conditions!

COF139

The Motor Insurance Bureau cover third party liability in the event of uninsured losses, although this should not detract at all from the fact that Ellise is an irresponsible driver and as such should be barred from this forum.

Mr Leigh

Well I suppose it was best not to mention driving without declaring points! I suppose we should all just not write anything. For fear of offending one of you and being thrown off the BBS by the self appointed judges that frequent it. I think advice is great. (Tell your insurance company about your points, they do not add much premium. But write your car off and they will not pay out. I know, as this happened to me once. poor little XR2)

sunilp

Mr Leigh, i do not wish to cause offence but youre missing the point.