Being summoned to court for speeding Watch

claret_n_blue
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#1
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Hi guys, I got caught speeding on the motorway and I am now being summoned to court.

It was a good month or so ago now so I can't remember the exact details but basically I was driving at 76mph on the motorway whilst there were variable speed limits in place at 40mph.

This is my first traffic offence.

What sort of defense can I have?

From what I remember, I think I was overtaking someone and both of us were going faster than 40, but it just so happened that I went through the camera whilst over taking and got caught. However I can't remember for how long the variable speed limit had been going on for so maybe I had been travelling at 40 for a while?

As this is my first time, any advice would be truly appreciated!
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Alexion
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Dude, you wouldn't have sped up by 36mph to overtake :/

You're just gonna have to admit to speeding m8
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jamesthecarpet
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(Original post by Alexion)
Dude, you wouldn't have sped up by 36mph to overtake
Why not? If, as op said, the other driver was driving at a similar speed, then he well may have accelerated to this speed to overtake.

But I do agree that you're probably just going to have to accept it. Which motorway was it on?

I'd probably recommend just being as apologetic as possible. Any argument and it's gotta be backed up with some sort of evidence which seems pretty stacked against you. You were breaking the law at the end of the day and the best action you can take is to apologise, give a humble reason for your actions and why it will never occur again.
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Limpopo
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As far as i can discern there is no defence and any attempt at formulating and presenting one will give the wrong impression to the courts. Plead tiredness,lack of attention ,,whatever but dont try and BS them. Either way i think you can expect a raft of points and fine at best ,
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Reue
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(Original post by claret_n_blue)
From what I remember, I think I was overtaking someone and both of us were going faster than 40, but it just so happened that I went through the camera whilst over taking and got caught. However I can't remember for how long the variable speed limit had been going on for so maybe I had been travelling at 40 for a while?

Both of you breaking the law then?

You have no defence. Plead for the mercy of the court.
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Duncan2012
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You were doing almost twice the permitted speed. I have no sympathy for you.

You could maybe try signing up for the IAM (Institute of Advanced Motorists) advanced driving course to show that you're sorry and genuinely want to become a better driver, that might look good in your favour.
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Viva Emptiness
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A court summons seems pretty harsh based on what you just described. I did something similar and was pulled over, just got the standard 3 points.
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silverbolt
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(Original post by jamesthecarpet)
Why not? If, as op said, the other driver was driving at a similar speed, then he well may have accelerated to this speed to overtake.
In which case hes still in the wrong as he was also speeding and then going faster that the other guy.

You have no defence so man up and admit what you did
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Reue
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(Original post by Viva Emptiness)
A court summons seems pretty harsh based on what you just described. I did something similar and was pulled over, just got the standard 3 points.
The ACPO guidelines are for court summons in all cases where speed in a 40mph section is above 66mph. OP was way above this and going almost double the limit, a court summons seems entirely appropriate.
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Lyrical Prodigy
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This has been moved to motoring :yy:
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Good bloke
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(Original post by jamesthecarpet)
Why not? If, as op said, the other driver was driving at a similar speed, then he well may have accelerated to this speed to overtake.
You haven't driven on the motorway much, have you? No car on the motorway needs to double its speed in order to overtake - there is never a risk of meeting oncoming traffic and you have all the time in the world. And a car travelling at 76mph would have just overtaken one travelling at 40mph. Perhaps they were racing, in which case the hole gets deeper.

In any event, breaking the speed limit to overtake is still breaking the speed limit, and 36mph is such a massive margin that the court will be required to consider a ban.

The OP should consult a lawyer if he prizes his licence.
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Good bloke
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(Original post by Reue)
The ACPO guidelines are for court summons in all cases where speed in a 40mph section is above 66mph. OP was way above this and going almost double the limit, a court summons seems entirely appropriate.
Especially as it is more than 30mph above the limit and a ban has to be considered.
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Viva Emptiness
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(Original post by Reue)
The ACPO guidelines are for court summons in all cases where speed in a 40mph section is above 66mph. OP was way above this and going almost double the limit, a court summons seems entirely appropriate.
Alright, dad.
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Reue
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(Original post by Viva Emptiness)
Alright, dad.
Watch the cheek, little lady.
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HygieneTherapy15
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Just admit and pay more attention to the road next time.


Posted from TSR Mobile
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ontherazzle
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If you were doing 76mph in a 40mph zone you are looking at a fine (amount depends on your income) and either 6 points or a possible ban for 7-56 days. (If you have held your licence for less than two years your licence will be revoked and you will have to take your test again.)

Take a look at this:
http://www.pepipoo.com/Magistrates_guidelines.htm

The fact that you were overtaking is not considered a defence, as you should not attempt to overtake unless you can do so within the speed limit. If the driver you are trying to overtake speeds up, you should drop back behind him rather than accelerate to pass him.

The advice already given is sound - show up in court smartly dressed, be respectful, apologise for your actions and hope for the best.
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JC.
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(Original post by SlenderManRises)
Only scum breaks our laws and regulations.
We're talking about speeding here not the great train robbery. :rolleyes:
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SlenderManRises
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(Original post by JC.)
We're talking about speeding here not the great train robbery. :rolleyes:
Speeding is still against the law of this great land. Therefor the OP is still scum in my humble opinion.
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JC.
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Apologies folks... I seem to have fed a troll.
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Joinedup
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Sounds like you're bang to rights IMO

but if you're intent on trying to weasel out of it...

and you're rich - hire that loophole solicitor

if you're not rich - read his book http://www.amazon.co.uk/The-Art-Loop.../dp/1444734083
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