Advice re: circumstances of being caught speeding

Advice re: circumstances of being caught speeding

Author
Discussion

GI

Original Poster:

8,582 posts

239 months

Thursday 4th August 2005
quotequote all
Hi,

I've just got a letter saying I've been caught doing 64 in a 50 speed limit but I consider the circumstances that caused this to justify me at the very least writing a letter of explanation.

I wonder if someone could comment on what my actions should be.

Basically I was following a slow sunday driver for about 10 miles up towards shepton mallett, which was causing a long tailback of cars. I eventually moved up the line as people overtook. Through Pylle, which is a 50 limit, the car was going 40 so I decided to nip past while the road was clear so as not to be behind him in the more twisty road ahead.

When I was alongside, for whatever reason the car speeded up to about 50 (possibly because I was in the TVR and he thought he'd make it difficult - I've had that several times) causing me to increase my speed over the limit in order to safely clear him as I moved back into the correct lane. The car behind me in the line had moved up, so I could not have just dropped back and slotted in again.

I guess the van that was parked beside the road caught my speed as I moved back in. The funny thing is, I knew it was a camera van as I passed it but I didn't feel any fear of prosecution so I must have been reasonably sure I was doing the right speed.

I'm usually anal about speed limits, which makes swallowing 3 points on my licence very hard to bear.

I don't see why I should have 3 points thanks to the actions of a moron.

I will need to go back and check the road for no overtaking signs before I write my letter, but I do not break the law and know my highway code. I only overtake where I can and where it's safe.

This being Britain though, there's no hope.

KB_S1

5,967 posts

231 months

Thursday 4th August 2005
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Good luck to you, another example of scamera getting the safe driver and ignoring the real danger!

2 Smokin Barrels

30,324 posts

237 months

Thursday 4th August 2005
quotequote all
The car you overtook must've had some poke to speed up in the time it takes a TVR to nip past!

Dwight VanDriver

6,583 posts

246 months

Thursday 4th August 2005
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Your urinating in the wind if you think that SCP will take any notice of a letter. It is only a Court that will take note of any mitigating factors, but, and without rancour:

you obviously knew what the limit was. You exceeded and thereby put yourself at risk of capture. Smokeing barrels highlights an area that will let you down. Must have been bloody awful preparation for the overtake???

Re work the sphincter muscle and heed speed limits as before.

DVD

pearl nicholas

9,165 posts

235 months

Thursday 4th August 2005
quotequote all
just pay up,you were speeding end of story

GI

Original Poster:

8,582 posts

239 months

Thursday 4th August 2005
quotequote all
2 Smokin Barrels said:
The car you overtook must've had some poke to speed up in the time it takes a TVR to nip past!


I didn't floor it because the right hand lane was clear. I just accelerated nice and smoothly up to 50 and while I was coming alongside, he accelerated as well giving me no way of safely clearing his front if I continued at 50, and looking back I saw that the car behind had moved up.

GI

Original Poster:

8,582 posts

239 months

Thursday 4th August 2005
quotequote all
Dwight VanDriver said:
Your urinating in the wind if you think that SCP will take any notice of a letter. It is only a Court that will take note of any mitigating factors, but, and without rancour:

you obviously knew what the limit was. You exceeded and thereby put yourself at risk of capture. Smokeing barrels highlights an area that will let you down. Must have been bloody awful preparation for the overtake???

Re work the sphincter muscle and heed speed limits as before.

DVD


I knew what the limit was and until the other car accelerated, I was easily able to complete my manoeuvre without exceeding the limit.

I checked my speed, oncoming traffic and looked to see if there were any junctions coming up, plus behind to see if anyone else had the same idea to overtake.

I prepared adequately for the manoeuvre.

The thing I didn't spot was the mind of the driver and the white van in the middle distance which I could not really see because of the car in front.

cptsideways

13,580 posts

254 months

Thursday 4th August 2005
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If you were overtaking at the time the laser would have to have been panned to align with your car, its very simple to get a misread speed in these circumstances.


Ask for the video evidence before you do anything else. They'll refuse to supply it & fobb you off etc but your allowed to see it prior to court. see pepipoo for further info.

thirsty33

250 posts

238 months

Thursday 4th August 2005
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Full sympathy - the number of gits who pull stupid stunts when you pass safely in a fast (or any) car really pisses me off. I can drive like a pratt in my diesel Passat and don't get any response, but take more care in something obviously fast (knowing you are a target and hence being extra vigilant) and you get flashed at, sped up on etc. etc. I don't usually drive badly in either car (IMHO) but after several bad reactions to the Turbo, did some research along these lines and it really is true.

As to your question - ask for the photo - you are entitled to that - it may cost you a tenner or something. If the offence was recorded whilst you are over the line you MIGHT have some sort of case. I asked this question at an IAM seminar once and there seemed to be a view that it was considered reasonable to exceed the limit slightly to overtake. Mind you, that was the good old days before scameras so the policemans view is probably well out of date now.

A letter can of course do no harm, but if you take it to court they might get all pissy and go for "due care" just for, in their opinion, wasting their time.

trax

1,538 posts

234 months

Friday 5th August 2005
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Whilst some people say it is safe to increase above the speed limit to overtake safely, our safety partnerships dont agree.

They say you should not brake the limits, even if you are overtaking and a car happens to be coming towards you, and the bloke next to you speeds up to the speed limit, they wouldnt give a toss, as its all about safety, isnt it.

7db

6,058 posts

232 months

Friday 5th August 2005
quotequote all
You didn't go out for a look and see the van in the middle distance before committing to the overtake?

Having got out there, you didn't abandon the overtake, given that the target vehicle was now up to the limit?

You do say that you only wanted to progress at the limit. The car behind would likely have dropped back if you abandoned the overtake and indicated left.

It sounds to me like your over-commitment to the manoeuvre and resolution to complete (perhaps a little machismo?) despite the evidence of your own eyes of a speed-trap van has landed you with a slap on the wrist.

In the circumstances, I think many would agree that the safer thing to do was to accelerate and clear the target and take the points. Remember that those circumstances, however, were of your own making - the overtake was a voluntary action on your part.

Unlucky. We all do it.

Dr T

69 posts

228 months

Friday 5th August 2005
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Let's hope the numpty exceeded the limit and now has a NIP all of his own!

timtonal

2,049 posts

235 months

Friday 5th August 2005
quotequote all
The driver you were overtaking was in the wrong. Did you get his registration, etc.? Might these be evident from the scamera's photo?

I'm sure if you were a Bib driving an unmarked car and this happened when you were overtaking said vehicle you would pull the driver and book him for driving dangerously. Certainly the highway code mentions not accelerating when being overtaken.

I'm afraid the only thing to do these days is slam the anchors back on and get behind (hope the car behind hasn't closed the gap up). However if there's enough evidence I'd have a look at www.pepipoo.com and seriously consider taking it to court.

Another example of the scamera lot alienating the public. Well done fellas, you must be proud.

7db

6,058 posts

232 months

Friday 5th August 2005
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timtonal said:
The driver you were overtaking was in the wrong


As was the original poster in exceeding the speed limit.

Mr E

21,797 posts

261 months

Friday 5th August 2005
quotequote all
This is exactly how I will be banned.

If I'm overtaking, even if I consider it clear, I'm in 3rd and on full throttle. I want to be clear of the car I'm passing, and out of the oncoming lane as fast as possible. Bugger a number on a sign.

From a drivers point of view, indeed from a safety point of view I consider you did the right thing (concerned you didn't spot the van however).

I can't see how you're going to get out of the points however. Sorry.

tim.tonal

2,049 posts

235 months

Friday 5th August 2005
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7db said:

timtonal said:
The driver you were overtaking was in the wrong



As was the original poster in exceeding the speed limit.


As is the current anal enforcement of the law to the detriment of anything else including safety and common sense.

Three wrongs don't make a right!

7db

6,058 posts

232 months

Friday 5th August 2005
quotequote all
If you're committing to overtakes where the first good view that you get is when you are on full throttle already and on the RHS of the road, then you are asking for trouble.

If I thought this was how I would be banned, I'd work on a style of overtake with more emphasis on visibility - pulling out and getting a really good look before nailing the throttle.

This has the advantage of being safely abandonable, means that you aren't accelerating hard towards the back of a car, and reduces time spent simultaneously steering and accelerating.

7db

6,058 posts

232 months

Friday 5th August 2005
quotequote all
timtonal said:
Three wrongs don't make a right!


Don't get me wrong - I hate inappropriately placed speed vans as much as the next poster (although we don't know enough about the situation of this van to know it was inappropriately placed - we can prejudicedly assume that it was).

However, they do mean that our original poster is getting three points, which he could have avoided by choosing a different driving style. And I don't mean by mindlessly sticking to the limit.

tim.tonal

2,049 posts

235 months

Friday 5th August 2005
quotequote all
7db said:

timtonal said:
Three wrongs don't make a right!



Don't get me wrong - I hate inappropriately placed speed vans as much as the next poster (although we don't know enough about the situation of this van to know it was inappropriately placed - we can prejudicedly assume that it was).

However, they do mean that our original poster is getting three points, which he could have avoided by choosing a different driving style. And I don't mean by mindlessly sticking to the limit.


Have learnt myself how law enforcement is abused to raise cash the hard way a few years ago. You really do have to watch out for these leeches!

7db

6,058 posts

232 months

Friday 5th August 2005
quotequote all
tim.tonal said:
Have learnt myself how law enforcement is abused to raise cash...


By which I assume you were caught doing something illegal?