Seat Leon 154mph A11

[agtlaw]

tapereel said:

No. He would have been prosecuted for failing to identify the driver AND prosecuted for the speeding offence. The courts may infer a keeper is the driver if that keeper fails to identify the driver.

That doesn't arise when you are stopped and identified...unless you get a really, really smart lawyer.

A difficult defence made even more difficult since Bates v CPS (2015) EWHC 2346.

[agtlaw]

Mansell didn't get a ban for 92 mph. He had 9 points at the time of the offence and was banned for 6 months (the minimum period) pursuant to the 'totting up' provisions.

[agtlaw]

A tricky submission if caught speeding in a £250k car.

[agtlaw]

janesmith1950 said:

If reaction time is 0.5 seconds at 154mph, you'll have travelled about 35m before you do anything at all.

From one of my expert reports:

The Highway Code refers to this period as ‘Thinking Distance’ and calculates this distance using a reaction time of 0.67 seconds. It is generally accepted that such a time is too fast for normal traffic situations being more in keeping to anticipation. It's a reaction period which might be considered as being more appropriate when a driver is approaching a green traffic signal and anticipates it changing to red against them.

The Highway Code figure was 0.68 seconds until metric units were used. It is generally believed that the figure was determined not by test or research but more of a convenience as it related to a movement of one foot per mph and therefore easy to remember. [reference]

In normal road traffic situations where events occur unexpectedly in good daylight and in direct view of the driver a period of 0.75 to 2.0 seconds is considered to be more reasonable. Data typically shows that 90 – 95% of subjects responded within 1.5 seconds or less, although consideration must be given to the situation and other prevailing circumstances. [reference]

[agtlaw]

I see that the same thing happened recently on the M5 near Worcester. Mercedes E350 at 3 a.m.

http://worcesterobserver.co.uk/news/driver-caught-...

[agtlaw]

You're assuming the CPS was involved.

[agtlaw]

Assuming venue is the crown court then they would have to convince at least 10 jurors that X is dangerous driving. The judge decides the sentence. The most recent stats show that about one-third of convicted dangerous drivers get immediate custody, about one-third suspended sentence and another type of sentence for the remainder.

[agtlaw]

I was in court today for 115 mph. Resolved with 4pp and a bit of a fine.

[agtlaw]

Similar thing yesterday - 160 mph A47 Thorney.

https://mobile.twitter.com/roadpoliceBCH/status/76...