Caught speeding, how do i soften the blow?
Discussion
Hi guys,
This is my first post in this forum so please go easy on me if this is too much for a first post. It is a bit of a long one.
The other day on the motorway i got caught speeding doing 120mph.
Just before the police clocked my speed i noticed a lorry driving like a loon in the middle lane, i was in the overtaking lane at this point behind the lorry. Anyway the lorry started tailgating a car quite badly (for no apparent reason) in front of him, actually making the car pull into the fast lane to get out its way (i presume). The lorry moved onto the next car and again tailgated. That car stayed where he was but the lorry just drove closer too him.
I was just behind where this was happening. Anyway the lane eventually cleared ahead of me and i wanted away from that lorry so i put my foot down. After i felt l was a safe distance away i started to apply my brakes and dropped my speed back down to 70mph and rejonied the middle lane. I could not have been accelerating for more than 5-10 seconds.
Whats worse is i had my mother, father, wife and sister in the car and though it may sound silly it made more sense to accelerate past the lorry than to slow down and stay behind it, my only concern was to get away from him(out of sight out of mind). I know my family would have had a fit if they had actually known i was doing that speed but my car seems to become more stable at high speeds and no one noticed, not even my self, as everyone was gabbing away at the time.
2 minutes later there is a police car behind me flashing his lights so i pulled over. To cut a long story short they told me they caught me with their radar doing 121.3mph, they showed me the hair dryer gun they used with the reading on it.
I was completely unaware of my actual speed while i was accelerating so stuck my hands up and said "ok, if thats what you say". I did try and explain to the officers why i did what i did but they didnt seem too interested, although they were very professional (apart from the on the spot breaking distance exam that i hadnt revised for. I honestly thought i was gonna go to jail if i answered incorrectly, especially after having my rights read to me)
I am not planning on pleading not guilty but i want to know the best thing to do to reduce the jail time/ban as i have an elderly father who is reliant on my car to help him take heavy equipment to and from a repair shop on the weekends, my mother who i drop off at the bus stop every morning due to a recent operation and arthritis (spelling?) and my wife who is unemployed and more or less immobile (is that a word?) due to back pain.
Im already being punished with silent treatment from my mum and my dad who see being stopped by the police as the ultimate shame, they are both deeply religous people who have never been in contact with the police before, they were more shaken than i was by the whole ordeal.
If it helps i have no previous speeding convictions, it was a clear sunny day and i had my whole family in the car, it was a fairly empty stretch of motorway with no junctions close by. I stopped when instructed to do so and was polite and compliant with the police officers. They were under the impression that i was driving an A4 so gave me a lot of stick about doing those speed in the car saying that it was very dangerous of me to do that without the correct tyres etc but my car is actually a remapped S4 capable in excess of 160mph and it has goodyear F1s on. I wasnt cocky when i told them, in fact i just made them aware that the tyres were actually designed for more than 120mph.
I have very little knowledge of driving laws etc but have heard different things from my friends, one even saying that for those kinds of speeds i could be looking at jail time, please tell me this is not true!
I have also heard that getting a solictor to represent me will make things worse cos the court costs will go up, is this true?
Does this mean i should represent myself?
Does anyone know what this does to your insurance premium, i know it goes up but are we talking double, triple?
I have been told that i would become uninsurable, is that true?
Thanks for reading all this and thanks in advance for any replies.
Sash
This is my first post in this forum so please go easy on me if this is too much for a first post. It is a bit of a long one.
The other day on the motorway i got caught speeding doing 120mph.
Just before the police clocked my speed i noticed a lorry driving like a loon in the middle lane, i was in the overtaking lane at this point behind the lorry. Anyway the lorry started tailgating a car quite badly (for no apparent reason) in front of him, actually making the car pull into the fast lane to get out its way (i presume). The lorry moved onto the next car and again tailgated. That car stayed where he was but the lorry just drove closer too him.
I was just behind where this was happening. Anyway the lane eventually cleared ahead of me and i wanted away from that lorry so i put my foot down. After i felt l was a safe distance away i started to apply my brakes and dropped my speed back down to 70mph and rejonied the middle lane. I could not have been accelerating for more than 5-10 seconds.
Whats worse is i had my mother, father, wife and sister in the car and though it may sound silly it made more sense to accelerate past the lorry than to slow down and stay behind it, my only concern was to get away from him(out of sight out of mind). I know my family would have had a fit if they had actually known i was doing that speed but my car seems to become more stable at high speeds and no one noticed, not even my self, as everyone was gabbing away at the time.
2 minutes later there is a police car behind me flashing his lights so i pulled over. To cut a long story short they told me they caught me with their radar doing 121.3mph, they showed me the hair dryer gun they used with the reading on it.
I was completely unaware of my actual speed while i was accelerating so stuck my hands up and said "ok, if thats what you say". I did try and explain to the officers why i did what i did but they didnt seem too interested, although they were very professional (apart from the on the spot breaking distance exam that i hadnt revised for. I honestly thought i was gonna go to jail if i answered incorrectly, especially after having my rights read to me)
I am not planning on pleading not guilty but i want to know the best thing to do to reduce the jail time/ban as i have an elderly father who is reliant on my car to help him take heavy equipment to and from a repair shop on the weekends, my mother who i drop off at the bus stop every morning due to a recent operation and arthritis (spelling?) and my wife who is unemployed and more or less immobile (is that a word?) due to back pain.
Im already being punished with silent treatment from my mum and my dad who see being stopped by the police as the ultimate shame, they are both deeply religous people who have never been in contact with the police before, they were more shaken than i was by the whole ordeal.
If it helps i have no previous speeding convictions, it was a clear sunny day and i had my whole family in the car, it was a fairly empty stretch of motorway with no junctions close by. I stopped when instructed to do so and was polite and compliant with the police officers. They were under the impression that i was driving an A4 so gave me a lot of stick about doing those speed in the car saying that it was very dangerous of me to do that without the correct tyres etc but my car is actually a remapped S4 capable in excess of 160mph and it has goodyear F1s on. I wasnt cocky when i told them, in fact i just made them aware that the tyres were actually designed for more than 120mph.
I have very little knowledge of driving laws etc but have heard different things from my friends, one even saying that for those kinds of speeds i could be looking at jail time, please tell me this is not true!
I have also heard that getting a solictor to represent me will make things worse cos the court costs will go up, is this true?
Does this mean i should represent myself?
Does anyone know what this does to your insurance premium, i know it goes up but are we talking double, triple?
I have been told that i would become uninsurable, is that true?
Thanks for reading all this and thanks in advance for any replies.
Sash
The word 'mitigation' springs to mind.
You had your closest relatives in the car with you. Your mother, father, wife and sister. Why would you do anything to harm them. None of them were aware of your excess speed despite the fact they were in the car with you while you were driving. Your parents would be very unforgiving of you if you so much as straddle the speed limit. Then there's the behaviour of the lorry driver. 2 incidents of putting other road users at risk by his eratic and aggressive driving. You were thinking of your close families safety and therefore eliminated the risk from this lorry driver by getting past him as quickly as possible.
Admit that as your attention was off the speedo but on the safety of your family you may have straddled the speedlimit, but certainly not to that ammount because of the repurcussions from your family.
so. Yes, guilty, but not that guilty, and I did have a reason. Extremely sorry etc etc etc.
Also write the full account of what happened and photocopy it for all the member of the magistrates court.
Be polite and courteous at all times.
You had your closest relatives in the car with you. Your mother, father, wife and sister. Why would you do anything to harm them. None of them were aware of your excess speed despite the fact they were in the car with you while you were driving. Your parents would be very unforgiving of you if you so much as straddle the speed limit. Then there's the behaviour of the lorry driver. 2 incidents of putting other road users at risk by his eratic and aggressive driving. You were thinking of your close families safety and therefore eliminated the risk from this lorry driver by getting past him as quickly as possible.
Admit that as your attention was off the speedo but on the safety of your family you may have straddled the speedlimit, but certainly not to that ammount because of the repurcussions from your family.
so. Yes, guilty, but not that guilty, and I did have a reason. Extremely sorry etc etc etc.
Also write the full account of what happened and photocopy it for all the member of the magistrates court.
Be polite and courteous at all times.
Hi Sash.
Sorry to hear of your woes and I do sympathise with your reasoning for doing 120mph+.
It's probably best to get a correct judgement from the many Police Officers who post here, and you will find them honest,reasonable and impartial. However, be prepared that the answer isn't always what you want to hear.Us PH'ers find them a valuable resource so avail yourself of them.
For what it;s worth, I will try to answer your questions based on what I have learnt from the Police who post here.
At the kind of speed you were caught doing, you are more than likely to get a ban. There will also be a fine which will be means tested ie what you earn, your outgoings etc, but expect it to be in the £hundreds.
The exact fine and ban will depend on the magistrate, and they have been known to listen to plea's of hardship etc, but whatever you do DO NOT LIE TO THEM. This will increase said fine / ban many times.
As for the jail term, this is a possibility, but you may not be jailed. As it's your first "offence" and if you are honest and your attitude is good in court, you may avoid it. I dont think its in anyones interest to jail speeders all the time but it has happened.
I understand your relations upset being religious etc, but this will hopefully improve with time. I really hope all works out for you.
Listen to BiB replies, but I suspect they may well be similar to mine, because, as I said, my comments here reflect their replies on earlier issues re speeding.
Sorry to hear of your woes and I do sympathise with your reasoning for doing 120mph+.
It's probably best to get a correct judgement from the many Police Officers who post here, and you will find them honest,reasonable and impartial. However, be prepared that the answer isn't always what you want to hear.Us PH'ers find them a valuable resource so avail yourself of them.
For what it;s worth, I will try to answer your questions based on what I have learnt from the Police who post here.
At the kind of speed you were caught doing, you are more than likely to get a ban. There will also be a fine which will be means tested ie what you earn, your outgoings etc, but expect it to be in the £hundreds.
The exact fine and ban will depend on the magistrate, and they have been known to listen to plea's of hardship etc, but whatever you do DO NOT LIE TO THEM. This will increase said fine / ban many times.
As for the jail term, this is a possibility, but you may not be jailed. As it's your first "offence" and if you are honest and your attitude is good in court, you may avoid it. I dont think its in anyones interest to jail speeders all the time but it has happened.
I understand your relations upset being religious etc, but this will hopefully improve with time. I really hope all works out for you.
Listen to BiB replies, but I suspect they may well be similar to mine, because, as I said, my comments here reflect their replies on earlier issues re speeding.
Hi S4. Given this si your first brush with teh courts in resgards speeding there is nil chance you will get a custodial sentence. I got caught exceeding the speed limit by 53 mph. This is what I did.
I did not hire a lawyer as the perception is you're being cocky (others will disagree). I would talk to your fathers Doctor and get a letter saying your transport is fundamental to your fathers well being and back this up by saying you are the only alternative to your father being house bound (if this si true).
Book yourself on a defensive driving course.
Write a carefully worded apology to the courts, admit what you did was totally unacceptable, that you performed said manouvre because you thought it was the best solution but now given your driving course your instructor has taught you the correct procedure. Add mitigation such as road conditions, time of day.
Eat humble pie and you will be fine, albeit with a ban at worst (doubtful if your dad needs you) and a hefty fine. If you can afford an S4 then £700+ is a poss.
BTW I got £500 and 6 pts, no ban.
Read what a couple of teh coppas on this forum will say but i wouldn't worry about jail. The courts jail scum/repeat offendors who just don't learn.
Others may disagree with my advice. It worked for me and it slowed me down no end.
I did not hire a lawyer as the perception is you're being cocky (others will disagree). I would talk to your fathers Doctor and get a letter saying your transport is fundamental to your fathers well being and back this up by saying you are the only alternative to your father being house bound (if this si true).
Book yourself on a defensive driving course.
Write a carefully worded apology to the courts, admit what you did was totally unacceptable, that you performed said manouvre because you thought it was the best solution but now given your driving course your instructor has taught you the correct procedure. Add mitigation such as road conditions, time of day.
Eat humble pie and you will be fine, albeit with a ban at worst (doubtful if your dad needs you) and a hefty fine. If you can afford an S4 then £700+ is a poss.
BTW I got £500 and 6 pts, no ban.
Read what a couple of teh coppas on this forum will say but i wouldn't worry about jail. The courts jail scum/repeat offendors who just don't learn.
Others may disagree with my advice. It worked for me and it slowed me down no end.
Hello s4shi and welcome to PH.
I'm sorry to hear about your predicament. Obviously others, especially the BiB members, are better placed to suggest how best you cope with this problem and I'm sure they will try to help and advise.
On reflection it might have been wiser to hold well back from the lorry in view of his dodgy behaviour, but it's a bit late for that now. These are matters you have to judge at short notice sometimes, and I know it can be difficult. Maybe that's something to bear in mind for future reference.
All I can do is wish you the best of luck and hope the penalty is not too severe, but I'm afraid we really do have a nonsensical system at present for dealing with speeding cases. As you will have seen from other reports, one can be responsible for quite a serious accident causing a good deal of damage and, so long as no one is hurt, there is no penalty at all. On the other hand being caught driving at a speed far in excess of the speed limit will result in a heavy fine, points on license, a probable ban and even a possible jail sentence, when there is no accident, nor even much likelihood of one. It is sheer madness and it bears no relation to any sensible regime of law and order. It makes my blood boil sometimes. Good luck.
Best wishes all,
Dave.
I'm sorry to hear about your predicament. Obviously others, especially the BiB members, are better placed to suggest how best you cope with this problem and I'm sure they will try to help and advise.
On reflection it might have been wiser to hold well back from the lorry in view of his dodgy behaviour, but it's a bit late for that now. These are matters you have to judge at short notice sometimes, and I know it can be difficult. Maybe that's something to bear in mind for future reference.
All I can do is wish you the best of luck and hope the penalty is not too severe, but I'm afraid we really do have a nonsensical system at present for dealing with speeding cases. As you will have seen from other reports, one can be responsible for quite a serious accident causing a good deal of damage and, so long as no one is hurt, there is no penalty at all. On the other hand being caught driving at a speed far in excess of the speed limit will result in a heavy fine, points on license, a probable ban and even a possible jail sentence, when there is no accident, nor even much likelihood of one. It is sheer madness and it bears no relation to any sensible regime of law and order. It makes my blood boil sometimes. Good luck.
Best wishes all,
Dave.
s4shi said:
I could not have been accelerating for more than 5-10 seconds.
70-120 in 5-10 secs is pretty good going. Might be better to say 'briefly' rather than a specific time?
s4shi said:
2 minutes later there is a police car behind me flashing his lights so i pulled over. To cut a long story short they told me they caught me with their radar doing 121.3mph, they showed me the hair dryer gun they used with the reading on it.
Where did they check your speed from - didn't you see them on a bridge / side of m/way etc?
s4shi said:
I was completely unaware of my actual speed...
Probably not a good idea to say this.
Thanks for the replies guys.
I really do wish i was joking about this, unfortunately its all true.
I was told by one of the officers that spoke to me that a guy they pulled earlier for 104mph got a six month ban. I know already its bad news i just want to be slightly better informed about what could happen.
I've heard so many mixed responses that im not sure whether to prepare for prison or prepare a good defence.
I am quite happy to take a ban etc but its the effect on the rest of the family and my work that im worried the most about. I just wonder if its even worth getting a solicitor, would it just be better to take the punishment and not bother with one or should you always seek a solictors advice when facing a ban. Not sure of the best course of action, any suggestions (just dont want to make my situation any worse) ?
I really do wish i was joking about this, unfortunately its all true.
I was told by one of the officers that spoke to me that a guy they pulled earlier for 104mph got a six month ban. I know already its bad news i just want to be slightly better informed about what could happen.
I've heard so many mixed responses that im not sure whether to prepare for prison or prepare a good defence.
I am quite happy to take a ban etc but its the effect on the rest of the family and my work that im worried the most about. I just wonder if its even worth getting a solicitor, would it just be better to take the punishment and not bother with one or should you always seek a solictors advice when facing a ban. Not sure of the best course of action, any suggestions (just dont want to make my situation any worse) ?
Its all been said above. Seems you will have to try and play the "hardship" aspect to try and escape the inevitable ban.
Suggest you visit your nearest Cit Advice B.and have a free session with their Solitor who may adjudge your best approach and the necessary evidence.
At that speed expect a hiding of the pocket and I have to agree.
DVD
Suggest you visit your nearest Cit Advice B.and have a free session with their Solitor who may adjudge your best approach and the necessary evidence.
At that speed expect a hiding of the pocket and I have to agree.
DVD
I have just seen a few more replies after my last post, thanks for those.
english justice is very scary, its the unpredictability of it that scares me. like someone mentioned in an earlier post, how on earth can you only get a fine for killing someone and a ban for driving fast. How can someone go to prison for defending their family from intruders and the intruder get money from the court for breaking into someones house, go figure but thats english law for you.
Its that unpredictability that worries me about my day in court.
I have to say that my decision to overtake the lorry was probably the worst driving decision i have ever made. The problem was that i didnt stop accelerating once i had passed the lorry, i kept going until i was a safe distance away from him, i was checking the rear view mirror more than the speedo and by the time i noticed that i was going quite fast i immediately slowed down.
The police were parked on the hard shoulder just after a long bend just past a bridge, i did not see them until i was slowing down and pulling into the middle lane. I saw them jump into their car in my rear view and realised that they may be coming for me and eventually they did. By the time they started following me i was only doing 70mph
I like the idea of an advanced driving course to prove to the judge that im trying to improve the way I drive as a result of all this. I also like the idea of an apology (thanks burwoodman, great advice!).
Thanks so much guys i've been feeling really down recently this is starting to pick me up
im finally starting to think that there will be no need for me to sew my ass*ole shut, thanks for the positive comments streetcop, not!
english justice is very scary, its the unpredictability of it that scares me. like someone mentioned in an earlier post, how on earth can you only get a fine for killing someone and a ban for driving fast. How can someone go to prison for defending their family from intruders and the intruder get money from the court for breaking into someones house, go figure but thats english law for you.
Its that unpredictability that worries me about my day in court.
I have to say that my decision to overtake the lorry was probably the worst driving decision i have ever made. The problem was that i didnt stop accelerating once i had passed the lorry, i kept going until i was a safe distance away from him, i was checking the rear view mirror more than the speedo and by the time i noticed that i was going quite fast i immediately slowed down.
The police were parked on the hard shoulder just after a long bend just past a bridge, i did not see them until i was slowing down and pulling into the middle lane. I saw them jump into their car in my rear view and realised that they may be coming for me and eventually they did. By the time they started following me i was only doing 70mph
I like the idea of an advanced driving course to prove to the judge that im trying to improve the way I drive as a result of all this. I also like the idea of an apology (thanks burwoodman, great advice!).
Thanks so much guys i've been feeling really down recently this is starting to pick me up
im finally starting to think that there will be no need for me to sew my ass*ole shut, thanks for the positive comments streetcop, not!
s4shi said:
im finally starting to think that there will be no need for me to sew my ass*ole shut, thanks for the positive comments streetcop, not!
I'm only pulling your leg mate...
you'll be ok.. My mate got done for 116mph on the motorway and with some pleading and previous good character/licence he got 6 points and £600 fine...
Whatever you get..treat it as a lesson and learn from it..but don't dwell on it..
Street
Thanks all for the warm welcome and support.
I certainly have learnt from this, not in a "get a detector" kind of way either.
Its definately taken the fun out of driving a sporty car.
My wifes eyes are glued to the speedo whenever i have her in the car, I accidentally stray 1mph over the limit and i dont hear the end of it.
Im definately gonna look into the advanced driving course thing. I was considering a ROSPA course when i first got the car as it got some good feedback on an audi forum im a member of.
Should I go get a solicitor to speak on my behalf or, as i have heard, will that not look good to the judge?
I certainly have learnt from this, not in a "get a detector" kind of way either.
Its definately taken the fun out of driving a sporty car.
My wifes eyes are glued to the speedo whenever i have her in the car, I accidentally stray 1mph over the limit and i dont hear the end of it.
Im definately gonna look into the advanced driving course thing. I was considering a ROSPA course when i first got the car as it got some good feedback on an audi forum im a member of.
Should I go get a solicitor to speak on my behalf or, as i have heard, will that not look good to the judge?
I tried to reply to this earlier, but PC had second thoughts about it so I abandoned it !
I don't know that I'm any help, but for reference purposes, a friend of mine was stopped doing 104mph on a dual carriageway (NSL). He was lucky as he had been going a damned bit quicker but a lorry flashed him to warn him of the speed trap.
His day in court was interesting. Lots of people up for speeding (I guess they bundle them together).
He got a 2 week ban and £200 fine (no points), which I think is pretty lenient. He used the duty solicitor that day, who was fantastic, and also produced a letter from his employer which detailed what a (usually) good character he was and how important he was to the business etc. etc. (adding that of course the company did not condone speeding etc etc). As I say, I think he got off lightly (especially NO POINTS !!). It was his first offence and he was absolutely gutted about it. A number of other people up in court that day detailed how they were the main breadwinner/had dependants/would lose their job if they got a ban etc. and I have to say the magistrate was incredibly flexible in the penalty she handed out after listening to the individuals circumstances (ie. if they could afford the fine but a ban was going to seriously wreck their lives she'd give them a big fine and a shorter ban and v.v). I don't know how common this is, but I was very surprised.
Anyway, hope it works out for the best. I'm sure your parents will forgive you, it will probably be as tense a time for them (and your wife) as it will for you waiting to find out what happens.
And let the wife nag you if she wants to - it's only because she cares and knows how gutted you'll be if you get caught again !!
Best wishes
I don't know that I'm any help, but for reference purposes, a friend of mine was stopped doing 104mph on a dual carriageway (NSL). He was lucky as he had been going a damned bit quicker but a lorry flashed him to warn him of the speed trap.
His day in court was interesting. Lots of people up for speeding (I guess they bundle them together).
He got a 2 week ban and £200 fine (no points), which I think is pretty lenient. He used the duty solicitor that day, who was fantastic, and also produced a letter from his employer which detailed what a (usually) good character he was and how important he was to the business etc. etc. (adding that of course the company did not condone speeding etc etc). As I say, I think he got off lightly (especially NO POINTS !!). It was his first offence and he was absolutely gutted about it. A number of other people up in court that day detailed how they were the main breadwinner/had dependants/would lose their job if they got a ban etc. and I have to say the magistrate was incredibly flexible in the penalty she handed out after listening to the individuals circumstances (ie. if they could afford the fine but a ban was going to seriously wreck their lives she'd give them a big fine and a shorter ban and v.v). I don't know how common this is, but I was very surprised.
Anyway, hope it works out for the best. I'm sure your parents will forgive you, it will probably be as tense a time for them (and your wife) as it will for you waiting to find out what happens.
And let the wife nag you if she wants to - it's only because she cares and knows how gutted you'll be if you get caught again !!
Best wishes
As a former car fleet administrator (1900 drivers) I can confirm that a letter from your boss showing good character and need of vehicle for livlihood will improve your outlook. Even better is a personal appearance, but this would be in the event of your boss being your friend as well as manager!
s4shi said:
Im definately gonna look into the advanced driving course thing. I was considering a ROSPA course when i first got the car as it got some good feedback on an audi forum im a member of.
Either that or an IAM course..either way, they won't do you any harm, but only good
s4shi said:
Should I go get a solicitor to speak on my behalf or, as i have heard, will that not look good to the judge?
My best advice would be to speak for yourself...write down what you want to say and don't be afraid to read from the letter in court. Explain that you're reading it as you're very nervous and may forget things. The magistrates will be more likely to be lenient hearing from the horses mouth, so to speak, than the leech like, blood sucking Solicitor...
Street
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff