Hypothetical Speeding Question

Hypothetical Speeding Question

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99dndd

Original Poster:

2,082 posts

89 months

Monday 13th February 2017
quotequote all
Had this debate on Saturday night, because my friends and I are "hardcore."

Say, late at night, somebody goes on a long motorway drive setting their cruise control to 80mph. They never encounter traffic and never slow below 70mph.

If they got zapped by 4 speed cameras could they argue that it was only 1 (really long) offence (3 points) and not 4 separate ones (12 points)?

HantsRat

2,369 posts

108 months

Monday 13th February 2017
quotequote all
Is their cruise control was set at 80 they were probably doing 76/77 so wouldn't even activate a speed camera.

Who_Goes_Blue

1,082 posts

171 months

Monday 13th February 2017
quotequote all
HantsRat said:
Is their cruise control was set at 80 they were probably doing 76/77 so wouldn't even activate a speed camera.
Point thoroughly missed.

I suspect it would depend on the distance between cameras - 5 miles you might have a shot, 50 miles and I reckon they`d treat them as separate.

(i have no founding for this in law - just guessing)

speedking31

3,556 posts

136 months

Monday 13th February 2017
quotequote all
I would say yes. Notwithstanding the single offence argument, the point of the points system is to give the driver a chance to modify their behaviour. Dishing out 12 points in one go would defeat that objective.

vonhosen

40,233 posts

217 months

Monday 13th February 2017
quotequote all
99dndd said:
Had this debate on Saturday night, because my friends and I are "hardcore."

Say, late at night, somebody goes on a long motorway drive setting their cruise control to 80mph. They never encounter traffic and never slow below 70mph.

If they got zapped by 4 speed cameras could they argue that it was only 1 (really long) offence (3 points) and not 4 separate ones (12 points)?
It is possible to get several incidence regarded as one offence, but the court will look at how many, how far apart, changes in limit along the way etc.
It comes down to whether they accept it as one offence or not, not merely that you contend it is or not.

anonymous-user

54 months

Monday 13th February 2017
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Where the article about that teacher that tried to avoid speeding points by modifying her car and saying her plate was cloned?

She got caught twice in 10 minutes on the same road and had 6 points dished out.

IANAL
Also don't have time to find the article.

vonhosen

40,233 posts

217 months

covboy

2,575 posts

174 months

Monday 13th February 2017
quotequote all
vonhosen said:
Doesn't (I think) say whether it was two separate places on the same journey she was caught or the same place twice (I would suspect the latter)

parabolica

6,715 posts

184 months

Monday 13th February 2017
quotequote all
HantsRat said:
Is their cruise control was set at 80 they were probably doing 76/77 so wouldn't even activate a speed camera.
That used to be my thinking too, until I got this last week. Cruise was set to 80. See the 'can I do 78 on a motorway?' thread.



To answer the OP (IMO), my reckoning would be the law has photo evidence of you breaking the law consistently in 4 different location so 12 points might be a possibility.

speedking31

3,556 posts

136 months

Monday 13th February 2017
quotequote all
Here, if you're not concentrating when you pass the first camera (unfortunately hidden behind a sign, what are the chances?), then if you get caught by the second camera then it's 6 points for a speeding offence. Seems like a deliberate manipulation of the law to me.

Speed Badger

2,689 posts

117 months

Monday 13th February 2017
quotequote all
Technically by letter of the law it would be 4 separate offences, but discretion is almost always used in these circumstances, taking into account speed and distance between cameras etc.

Who Me

89 posts

122 months

Tuesday 14th February 2017
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It may of changed but many years ago I had a similar situation where I was caught 2 times by same speed trap in one evening, (not stopped at time). When speaking with a solicitor he asked me would it of been possible that I didnt drop below the limit before being clocked again as then it was only 1 offence. Unfortunately this wasnt the case and road layout made that argument impossible.

Have to say if it was for many miles and many different roads then that may not be the case.

A simple way to look at my example above is if the police set up 4 speed traps 1/2 mile apart then can they charge you 4 times when in fact you have only committed the one offence.

RacingPete

8,874 posts

204 months

Tuesday 14th February 2017
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I thought it also takes into account the police force jurisdiction. So if you get caught by four different police forces they are all separate offences (say bombing up the M1).

sumo69

2,164 posts

220 months

Tuesday 14th February 2017
quotequote all
parabolica said:
That used to be my thinking too, until I got this last week. Cruise was set to 80. See the 'can I do 78 on a motorway?' thread.



To answer the OP (IMO), my reckoning would be the law has photo evidence of you breaking the law consistently in 4 different location so 12 points might be a possibility.
I thought there was a published prosecution limit of "speed limit x 110% + 2mph", so on a motorway the limit is 79mph?

covboy

2,575 posts

174 months

Tuesday 14th February 2017
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sumo69 said:
I thought there was a published prosecution limit of "speed limit x 110% + 2mph", so on a motorway the limit is 79mph?


This will never go away will it ? rolleyes

Gavia

7,627 posts

91 months

Tuesday 14th February 2017
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parabolica said:
That used to be my thinking too, until I got this last week. Cruise was set to 80. See the 'can I do 78 on a motorway?' thread.



To answer the OP (IMO), my reckoning would be the law has photo evidence of you breaking the law consistently in 4 different location so 12 points might be a possibility.
There are lots of roadworks on the stretch between J38 and J40 at the moment, all showing a 50 limit. Were you in those when done, but they've not done the paperwork right so still technically a 70?

speedking31

3,556 posts

136 months

Tuesday 14th February 2017
quotequote all
To look at it another way, if the authorities wanted to give 6 points for a speeding infraction, then they could. They could set speed cameras to take 4 measurements at 0.1 s intervals and call them 4 separate offences. They haven't done either of those, so giving 12 points for a day trip would seem to be going against the current theory and practice of an education element and time to adjust behaviour, rather than out and out punishment.

Gavia

7,627 posts

91 months

Tuesday 14th February 2017
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speedking31 said:
To look at it another way, if the authorities wanted to give 6 points for a speeding infraction, then they could. They could set speed cameras to take 4 measurements at 0.1 s intervals and call them 4 separate offences. They haven't done either of those, so giving 12 points for a day trip would seem to be going against the current theory and practice of an education element and time to adjust behaviour, rather than out and out punishment.
They could try, but they'd fail miserably.

parabolica

6,715 posts

184 months

Wednesday 22nd February 2017
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Gavia said:
parabolica said:
That used to be my thinking too, until I got this last week. Cruise was set to 80. See the 'can I do 78 on a motorway?' thread.



To answer the OP (IMO), my reckoning would be the law has photo evidence of you breaking the law consistently in 4 different location so 12 points might be a possibility.
There are lots of roadworks on the stretch between J38 and J40 at the moment, all showing a 50 limit. Were you in those when done, but they've not done the paperwork right so still technically a 70?
Nope, was on a clear stretch; I had my cruise set to 50 for the road works then back up to 80 when we cleared them. SAC in a month's time; first time for everything I suppose.

MorganP104

2,605 posts

130 months

Wednesday 22nd February 2017
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vonhosen said:
That makes for a sorry, sorry read. frown