What is 'mitigation'
Discussion
Have just received a NIP for 100mph in a 60 limit.
The brief situation was: Came across four cars on a long stretch of single carriageway (wide enough to be a dual carriageway in both directions) they were having a beige pootle at 40mph. I was under the speed limit having just left a roundabout. Clear, dry, wide road with excellent visibility so I overtook the beiges as couldn't even see an oncoming vehicle (visibility must be in eacess of 3/4 mile), accelerated, passed nice and wide, pulled back in and left off the throttle till back at the speed limit(ish), saw half hidden BiB van at edge of bridge, swore, cried etc. 13 days later NIP arrives.
I have no problem admiting the offence. 100mph is more than 60. I know that when I get in the car and I chose to exceed it. However, I would suggest there is a difference in using speed to pass other vehicles as rapidly as possible leaving myself and oncoming motorists exposed to danger for as little time as possible and cruising at that speed for most of my journey. The question is, will a magistrate see things the same way / care / give a monkey's wotsits? Any views?
The brief situation was: Came across four cars on a long stretch of single carriageway (wide enough to be a dual carriageway in both directions) they were having a beige pootle at 40mph. I was under the speed limit having just left a roundabout. Clear, dry, wide road with excellent visibility so I overtook the beiges as couldn't even see an oncoming vehicle (visibility must be in eacess of 3/4 mile), accelerated, passed nice and wide, pulled back in and left off the throttle till back at the speed limit(ish), saw half hidden BiB van at edge of bridge, swore, cried etc. 13 days later NIP arrives.
I have no problem admiting the offence. 100mph is more than 60. I know that when I get in the car and I chose to exceed it. However, I would suggest there is a difference in using speed to pass other vehicles as rapidly as possible leaving myself and oncoming motorists exposed to danger for as little time as possible and cruising at that speed for most of my journey. The question is, will a magistrate see things the same way / care / give a monkey's wotsits? Any views?
rustybin said:
Have just received a NIP for 100mph in a 60 limit.
The brief situation was: Came across four cars on a long stretch of single carriageway (wide enough to be a dual carriageway in both directions) they were having a beige pootle at 40mph. I was under the speed limit having just left a roundabout. Clear, dry, wide road with excellent visibility so I overtook the beiges as couldn't even see an oncoming vehicle (visibility must be in eacess of 3/4 mile), accelerated, passed nice and wide, pulled back in and left off the throttle till back at the speed limit(ish), saw half hidden BiB van at edge of bridge, swore, cried etc. 13 days later NIP arrives.
I have no problem admiting the offence. 100mph is more than 60. I know that when I get in the car and I chose to exceed it. However, I would suggest there is a difference in using speed to pass other vehicles as rapidly as possible leaving myself and oncoming motorists exposed to danger for as little time as possible and cruising at that speed for most of my journey. The question is, will a magistrate see things the same way / care / give a monkey's wotsits? Any views?
You've got no chance!
If you try to use that as mitigation they will just point out that you could have done the same manouevre equally safely and within the 60mph limit as there would have been a comfortable 20mph difference in speed.
You might of got off with 70mph but not 100!
They place the scameras very carefully don't you think?
A couple of years ago I was in a car with a mate of mine, he was driving. We had been sitting behind a bunch of cars doing 40mph when we could have been doing 60mph, after about 10 miles, we finally arrive at a straight bit of road, peddle goes straight to the floor, we overtake as quickly as possible and get back down to 60mph. We then see a well places scamera van who has just collected £60 from my mate and given him three points. Thankfully it was only 72mph in a 60mph.
But again, placing a scamera on the only straight piece of road is a bit underhand.
A couple of years ago I was in a car with a mate of mine, he was driving. We had been sitting behind a bunch of cars doing 40mph when we could have been doing 60mph, after about 10 miles, we finally arrive at a straight bit of road, peddle goes straight to the floor, we overtake as quickly as possible and get back down to 60mph. We then see a well places scamera van who has just collected £60 from my mate and given him three points. Thankfully it was only 72mph in a 60mph.
But again, placing a scamera on the only straight piece of road is a bit underhand.
Mr E said:
When I overtake, it's as rapidly as possible.
Unless I know the road (ie somewhere I've NEVER seen a police car or talivan) I will overtake going no faster than the limit
Can get bad if the person you're overtaking decided to speed up as then you're sat out on the other side of the road with your only option is to slow down again if you don't wish to exceed this limit. It's a sad state of affairs really. I used to enjoy blasting past a huge line of slow Sunday drivers.
The last thing I'll look at when overtaking is the speedo.
My eyes are either looking at the road/cars ahead or checking the mirror.
Do they expect us to be taking our eyes of the road during the time exposed to danger?
I shouldnt worry too much, they'll probably ban over taking soon.
My eyes are either looking at the road/cars ahead or checking the mirror.
Do they expect us to be taking our eyes of the road during the time exposed to danger?
I shouldnt worry too much, they'll probably ban over taking soon.
I was wondering the exact same thing when i got pulled over a while back after overtaking a bus and a car on a nice wide stretch of road. It was a 60mph limit and I apparently hit 80 according the the nice plod who pulled me over. We had a chat and i said i was trying to finish the overtaking maneouvre as quickly as possible, but we both admitted it could still have been done safely within the speed limit and that i had got a little over excited, and that i should learn to cope with and respect the performance of my car.
In the end he let me off , but regardless of this i did'nt get the impression that overtaking is a mitigating circumstance
In the end he let me off , but regardless of this i did'nt get the impression that overtaking is a mitigating circumstance
gbbird said:
In the end he let me off , but regardless of this i did'nt get the impression that overtaking is a mitigating circumstance
Though you could argue the fact that he let you off means it was. More important however was probably a decent attitude and having an awareness of what you were doing. I guess that is what
s me off. You can't have a discussion with a camera. A discussion with a traffic cop is likely to be with someone who knows what they are talking about and can make an assessment as to how much of a threat you actually pose/posed. A magistrate IMHO is unlikely to have the same understanding and will have been driving the same beige 820 Rover since he retired from managing the bank 10 years ago. Maybe I should just buy a luxo barge take a couple of the plug leads off and go everywhere at 40mph
Sorry bit of a rant and unreasonable stereotyping (with both hands) but it does annoy.
BliarOut said:
It's what they teach in advanced driving, minimise the TED Time Exposed to Danger. This has nothing to do with anything and everything to do with taking money off you. As long as you nderstand this, you'll be ok!
In advanced driving they teach you to minimise TED, but always state that is should be within a reasonable margin of the limit (i.e. 70mph in a 60mph, not 100mph).
m-five said:
In advanced driving they teach you to minimise TED, but always state that is should be within a reasonable margin of the limit (i.e. 70mph in a 60mph, not 100mph).
So from that logic the penalty should be for 30mph over the limit not 40mph i.e. there is a degree of (though admittedly not total) mitigation?
I have an anxious wait cos of a similar situation on the way back from PistonFest. I overtook 2 cars on a clear straight and as I got to the lead car it brakes (from 50 
) I assumed he was reacting to me, but then notice a scamera in the trees as I go past it. I have no idea how fast I was travelling as, strangely enough, I was looking out for hazards.
(And I know I should have seen the scam, but it was well hidden in trees.)
) I assumed he was reacting to me, but then notice a scamera in the trees as I go past it. I have no idea how fast I was travelling as, strangely enough, I was looking out for hazards. (And I know I should have seen the scam, but it was well hidden in trees.)
rustybin said:
Have just received a NIP for 100mph in a 60 limit.
The brief situation was: Came across four cars on a long stretch of single carriageway (wide enough to be a dual carriageway in both directions) they were having a beige pootle at 40mph. I was under the speed limit having just left a roundabout. Clear, dry, wide road with excellent visibility so I overtook the beiges as couldn't even see an oncoming vehicle (visibility must be in eacess of 3/4 mile), accelerated, passed nice and wide, pulled back in and left off the throttle till back at the speed limit(ish), saw half hidden BiB van at edge of bridge, swore, cried etc. 13 days later NIP arrives.
I have no problem admiting the offence. 100mph is more than 60. I know that when I get in the car and I chose to exceed it. However, I would suggest there is a difference in using speed to pass other vehicles as rapidly as possible leaving myself and oncoming motorists exposed to danger for as little time as possible and cruising at that speed for most of my journey. The question is, will a magistrate see things the same way / care / give a monkey's wotsits? Any views?
Goto www.pepipoo.com - who can help you. Do NOT return any paperwork until such time as you have read that web site...
Sean
so sorry to hear of your predicament mate - I have been in *worse* situations before and got off by not admiting who was driving......
However this is a good reason to consider what sort of vehicle you drive/ride in future. I did, and my daily drive will hit 110-120 on a very good day, so an overtake is about 80mph realistically. I know this ain't much help, but faced with hefty fines / imprisonment, it's the best option!
C
However this is a good reason to consider what sort of vehicle you drive/ride in future. I did, and my daily drive will hit 110-120 on a very good day, so an overtake is about 80mph realistically. I know this ain't much help, but faced with hefty fines / imprisonment, it's the best option!
C
Got done last year under similar circumstances to yourself (b@st@rd sneaky hidden video-plod) anyway went to court & admitted the 'offence' but stated that clear road, good visibility etc, etc.
The Mags had a 'chat' in private and then gave me 6pts & £300, interestingly they commented that although 101.3mph (lets not forget the 0.3 FFS) was a 'very' high speed but because it was during an overtaking manouvere it was less bad than just speeding for the sake of it (or words to that effect)
Anyway best of luck
The Mags had a 'chat' in private and then gave me 6pts & £300, interestingly they commented that although 101.3mph (lets not forget the 0.3
FFS) was a 'very' high speed but because it was during an overtaking manouvere it was less bad than just speeding for the sake of it (or words to that effect) Anyway best of luck
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