Defensive speeding
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Discussion

PH XKR

Original Poster:

1,761 posts

132 months

Thursday 16th February 2017
quotequote all
A friend got flashed the other day on the way to work. They claim they were being intimidated/pushed by an aggressive car behind so they were driving to get away. Could this be a defence?

Vaud

59,682 posts

185 months

Thursday 16th February 2017
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It's not one I'd use.

I assume they have the call log to the police given the threat they felt they were under and need to escape?

99dndd

2,155 posts

119 months

Thursday 16th February 2017
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Would they not just flash the brake lights back at them?

MorganP104

2,605 posts

160 months

Thursday 16th February 2017
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I think there's only two ways the authorities would take "defensive speeding" as an excuse:

1) If the speed camera picture shows another vehicle right up the first car's chuff (as in dangerously close).

2) If the second car was also flashed, nano-seconds after the first car.

In the absence of photographic evidence showing the first car was indeed being hassled, any such defence would be laughed out of court.

Incidentally, I still think the first car's driver will get done - though the fine/points may be lower, if the defence is accepted.

PH XKR

Original Poster:

1,761 posts

132 months

Thursday 16th February 2017
quotequote all
MorganP104 said:
I think there's only two ways the authorities would take "defensive speeding" as an excuse:

1) If the speed camera picture shows another vehicle right up the first car's chuff (as in dangerously close).

2) If the second car was also flashed, nano-seconds after the first car.

In the absence of photographic evidence showing the first car was indeed being hassled, any such defence would be laughed out of court.

Incidentally, I still think the first car's driver will get done - though the fine/points may be lower, if the defence is accepted.
what if it was a local goading a stranger to speed through a known trap?

MorganP104

2,605 posts

160 months

Thursday 16th February 2017
quotequote all
PH XKR said:
what if it was a local goading a stranger to speed through a known trap?
This is bordering on clutching at straws, I'm afraid.

Akin to "bigger boys made me do it".

SpeckledJim

34,264 posts

283 months

Thursday 16th February 2017
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PH XKR said:
what if it was a local goading a stranger to speed through a known trap?
Sounds like total, total nonsense.

esxste

4,292 posts

136 months

Thursday 16th February 2017
quotequote all
PH XKR said:
A friend got flashed the other day on the way to work. They claim they were being intimidated/pushed by an aggressive car behind so they were driving to get away. Could this be a defence?
Given the advice for dealing with aggressive drivers like that is to slow down to a speed that's appropriate for the distance between your car and the tail-gater, I'd say that defence would be viewed as nonsense.



TooMany2cvs

29,008 posts

156 months

Thursday 16th February 2017
quotequote all
PH XKR said:
A friend got flashed the other day on the way to work. They claim they were being intimidated/pushed by an aggressive car behind so they were driving to get away. Could this be a defence?
They'd have to turn down the SAC/FPN, and opt for a day in court to find out. Do they feel lucky?

It sounds like it's getting close to a guilty plea for careless or even racing.

Johnnytheboy

24,499 posts

216 months

Thursday 16th February 2017
quotequote all
MorganP104 said:
PH XKR said:
what if it was a local goading a stranger to speed through a known trap?
This is bordering on clutching at straws, I'm afraid.

Akin to "bigger boys made me do it".
Ah, school days...

"If <insert name here> told you to jump off a cliff, would you do it?"

TwigtheWonderkid

49,158 posts

180 months

Thursday 16th February 2017
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MorganP104 said:
1) If the speed camera picture shows another vehicle right up the first car's chuff (as in dangerously close).
On what planet is the answer to that situation to accelerate?

kitz

328 posts

207 months

Thursday 16th February 2017
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Didn't David Beckham successfuly use a similar defence because paparazzi were following him ?

sparkythecat

8,101 posts

285 months

Thursday 16th February 2017
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kitz said:
Didn't David Beckham successfuly use a similar defence because paparazzi were following him ?
Sort of. Favoured motoring lawyer to the celebs Nick "Mr Loophole" Freeman appealed Beckhams conviction using that reason amongst others in a scattergun defence.

It's reported here

Article said:
In 1999, Becks was given an eight-month ban, having been caught driving his £150,000 Ferrari at 76mph in a 50mph zone in Wilmslow, Cheshire. Freeman successfully appealed the verdict. The reason:

(a) Becks was suffering severe emotional trauma, having recently been hit by a football boot kicked by Sir Alex Ferguson and thus had no idea of his speed.

(b) Becks was ‘petrified’ having been chased for ten miles from his Alderley Edge home by a paparazzo.

(c) He was hurrying home because his wife Victoria had a Spice Girls concert in Manchester and he was on babysitting duties with his newborn son Brooklyn.
A gathering of paparazzi also helped him avoid a speeding ticket being issued in LA, on a later occasion
http://www.dailymail.co.uk/tvshowbiz/article-10805...

Edited by sparkythecat on Thursday 16th February 16:10

covboy

2,593 posts

204 months

Thursday 16th February 2017
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And Sir Alex Ferguson when he had the s**ts

Edit different offence though https://www.theguardian.com/uk/1999/oct/05/vivekch...

Edited by covboy on Thursday 16th February 16:26

BOF

991 posts

253 months

Thursday 16th February 2017
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covboy said:
And Sir Alex Ferguson when he had the s**ts

Edit different offence though https://www.theguardian.com/uk/1999/oct/05/vivekch...

Edited by covboy on Thursday 16th February 16:26
""And Sir Alex Ferguson when he had the s**ts ""

And now The Special One has few left in his squad...

BOF

caelite

4,282 posts

142 months

Thursday 16th February 2017
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I think you would have more success with the "IM A FREEMAN ON THE LAND!" argument.

PH XKR

Original Poster:

1,761 posts

132 months

Thursday 16th February 2017
quotequote all
caelite said:
I think you would have more success with the "IM A FREEMAN ON THE LAND!" argument.
A what?

WJNB

2,637 posts

191 months

Thursday 16th February 2017
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What a wimp to be so easily bullied & of course absolute nonsense for it to be used as an excuse for speeding.
Tailgaters are best dealt with by ever decreasing your own speed by easing off the throttle, NOT braking, so as to minimise any subsequent impact. It that means for instance going past a 60mph speed camera at 30mph so be it.

GSalt

298 posts

119 months

Thursday 16th February 2017
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PH XKR said:
caelite said:
I think you would have more success with the "IM A FREEMAN ON THE LAND!" argument.
A what?
en.wikipedia.org/wiki/Freemen_on_the_land

paintman

7,860 posts

220 months

Thursday 16th February 2017
quotequote all
PH XKR said:
A friend got flashed the other day on the way to work. They claim they were being intimidated/pushed by an aggressive car behind so they were driving to get away. Could this be a defence?
And the reason why he couldn't have put his left indicator on at some point & let the aggressive car (whatever one of those is) pass........?
Or did this intimidation just happen to be at the camera locationrolleyes
Good luck.
He can try a NG plea but IME magistrates usually don't like people taking the piss.


Edited by paintman on Thursday 16th February 20:46