Court Case Coming Up - Help Needed

[Sajidon100]

Hi - I have a case coming up in a couple of weeks for speeding. I am fighting the case as the officers deliverately tailgated and used entrapment to catch me.
Basically it was 02:30am on a small single lane country road - there was no other traffic around and there were no lights on the road - all I could see were these headlamps in my mirror coming very close to my bumper - causing me to go faster - after about 15 minutes of this the officers flashed their blue lights and pulled me over - it was a fully marked police car but I could not tell as it was so dark. They had no camera equipment they only clocked my speed by means of their calibrated speedometer. I was clocked at 85mph in a 60mph zone.
I have 2 questions :-
1. How long do the police have to bring the case to court - I had heard that there is a 6 month limit for cases to be heard - is this correct and is there a particular section or act that I can quote. My case is being heard after 7 months.
2. Does anyone have any advise as to how I can fight this case - as it was their conduct that made me speed - I am generally a good careful driver and have never before had points or fines etc.... I am genuinely aggrieved as the police caused me to speed
Thanks

[insanojackson]

They made you go faster?

Why did you not pull over and let them past? I fear you will loose that argument

[Scraggles]

recall some post where the police advised a lone motorist who was nervous of a tailgater that it was ok to speed to get out of danger and then goto the police or contact them, obvioulsy u were trying to get away and drive to a safe place like a police station....

[Leftie]

Sajidon100 said:

Hi - I have a case coming up in a couple of weeks for speeding. I am fighting the case as the officers deliverately tailgated and used entrapment to catch me.
Basically it was 02:30am on a small single lane country road - there was no other traffic around and there were no lights on the road - all I could see were these headlamps in my mirror coming very close to my bumper - causing me to go faster - after about 15 minutes of this the officers flashed their blue lights and pulled me over - it was a fully marked police car but I could not tell as it was so dark. They had no camera equipment they only clocked my speed by means of their calibrated speedometer. I was clocked at 85mph in a 60mph zone.
I have 2 questions :-
1. How long do the police have to bring the case to court - I had heard that there is a 6 month limit for cases to be heard - is this correct and is there a particular section or act that I can quote. My case is being heard after 7 months.
2. Does anyone have any advise as to how I can fight this case - as it was their conduct that made me speed - I am generally a good careful driver and have never before had points or fines etc.... I am genuinely aggrieved as the police caused me to speed
Thanks

1. They have 6 months to lay the summons, not 6 months get you to court as I recall.

2. I think you have summarised you own case above. I would wonder why in those 15 minutes you didn't drive to the local nick as someone was following you, or enter a lit area where you could see they were cops. Were you on country lanes for 15 minutes at high speed? Do you live in deepest rural Wales or something?

[Sajidon100]

Folks - The road was a single lane and I did slow down a couple of times but they would not overtake.
I was on the country road for a while and I was heading to a village to get a well lit area - they pulled me just before I reached a village which was well lit and just before a crwler where they could have passed.

[Vesuvius 996]

Bob Hope and no hope, sorry,

The Court will consider that if you felt you were being followed in a sinister manner the correct course of action would be to pull over and allow the car behind pass using the Highway Code signal.

Edited by Vesuvius 996 on Sunday 14th January 22:16

[zcacogp]

ISTR that the advice in the Highway Code regarding tailgaters is to slow down so that should you need to stop in a hurry, you will do so less sharply and they are less likely to hit you. Speeding up when being tailgated is a number 1 no-no.

As has been said, they have 6 months to lay it before the mags. If it is being heard after 7, it must have been laid well in advance of 6.

Sounds like a very fair cop. Take it like a man.


Oli.

[SamHH]

It appears from your description that the police were driving badly. Sorry to hear this.

However, I concur with what the other posters have said: you are unlikely to get off on the basis of that. Was it really so that in fifteen minutes of driving there was no suitable place to stop and let the car behind pass? Even if there wasn't, speeding up is not a good response to a tailgater.

[SamHH]

Vesuvius 996 said:

The Court will consider that if you felt you were being followed in a sinister manner the correct course of action would be to pull over and allow the car behind pass using the Highway Code signal.

What signal do you refer to?

[Sajidon100]

One more thning to add - I live in a large city and have seen lots of road rage and people carrying knives etc.... in such circumstances my first instinct is to run rather than stop so that I can be attacked - does this change any of the advise - after all we are living in 2007 where this country unfortunately is rather violent !!!!

[Mr Whippy]

Best to just slow down hard for that rabbit that ran out and let them rear-end you

Coppers ignoring the highway code is completely stupid. How can they begin to have any respect from members of the public driving like that?

Muppets

Dave

[Vesuvius 996]

SamHH said:

Vesuvius 996 said:

The Court will consider that if you felt you were being followed in a sinister manner the correct course of action would be to pull over and allow the car behind pass using the Highway Code signal.

What signal do you refer to?

Erm. Window down, wave the vehicle on to pass.

[Strawman]

David Beckham got off with the "duress" plea, he was chased by papperazi and claimed he was frightened that their behaviour would lead to an accident so sped to get away, he got off with no fine, BUT he had a top lawyer to plead his case, if it's that important to you I advise getting an experienced lawyer to argue your case .

[SamHH]

Vesuvius 996 said:

Erm. Window down, wave the vehicle on to pass.

That signal is not referred to in the Highway Code.

It is sometimes recommended that you should not beckon other road users to do something because you could be held responsible if an accident results from doing that thing.

[tinman0]

Sajidon100 said:

2. Does anyone have any advise as to how I can fight this case - as it was their conduct that made me speed - I am generally a good careful driver and have never before had points or fines etc.... I am genuinely aggrieved as the police caused me to speed
Thanks

plead for your life. (or at least license). in 15 minutes, you could of pulled over and stopped at any time. you chose to put your foot down and loose them. wrong choice. sorry. they didn't cause you to speed, your right foot did.

sorry.

anyway, its an 85 in a 60? not even in banning range. from what i've read its a simple 3 points. plead not guilty and it'll be a whole lot more from what i've read. you are gonna get turned over.

[King Herald]

Sajidon100 said:

Hi - I have a case coming up in a couple of weeks for speeding. I am fighting the case as the officers deliverately tailgated and used entrapment to catch me.
Basically it was 02:30am on a small single lane country road - there was no other traffic around and there were no lights on the road - all I could see were these headlamps in my mirror coming very close to my bumper - causing me to go faster - after about 15 minutes of this the officers flashed their blue lights and pulled me over - it was a fully marked police car but I could not tell as it was so dark. They had no camera equipment they only clocked my speed by means of their calibrated speedometer. I was clocked at 85mph in a 60mph zone.
I have 2 questions :-
1. How long do the police have to bring the case to court - I had heard that there is a 6 month limit for cases to be heard - is this correct and is there a particular section or act that I can quote. My case is being heard after 7 months.
2. Does anyone have any advise as to how I can fight this case - as it was their conduct that made me speed - I am generally a good careful driver and have never before had points or fines etc.... I am genuinely aggrieved as the police caused me to speed
Thanks

Causing you to go faster?? Bwaaahaahaaa

You were doing 85mph in a 'small single lane country road'??????

You are soooooo busted mister.

Two of my sisters have been busted for speeding because they were 'caught in a queue of speeding traffic and couldn't slow down' even though they new the speed camera was there. What bollox.

[nicecupoftea]

In the highway code, the signal for "please pass" is right arm out of the window, raise and lower repeatedly.

[SamHH]

nicecupoftea said:

In the highway code, the signal for "please pass" is right arm out of the window, raise and lower repeatedly.

It isn't; at least not in the current edition.

Highway Code said:

I intend to slow down or stop

www.highwaycode.gov.uk/signs02.htm

[nicecupoftea]

Weeeelllll, it's implied though, isn't it?

[PJ S]

That's more really designed if you lose your brake lights (although, how are you supposed to know inside the car?), and very out of date/old fashioned.