Speeding - 100mph
Discussion
Hello all,
Perhaps you can help?
I have received a Notice of Prosecutiom for 100 in a 70 (duel carriageway) via a mobile safety van. I was overtaking a lorry and car at about 80-85 mph on this duel carriageway. As I nearly pulled level with the car he found that he had run of out of road space behind the lorry and he started to move across his lane towards mine. His movement wasn't aggressive but I immediately saw a risk of collision and following defensive driving techniques which I've been tought in the past I immediately increased my speed to pull away and allow him to safely join the outside lane behind me. Keeping the "bubble" around my car as the instructor called it. In doing so I believe I accelerated to about 95 mph and this brought me level with the lorry at which point I then saw a mobile safety camera unit which had been obscured by the lorry up until then. I decelerated at this point but clearly it was too late and I've received this NIP.
If I was speeding at 100 mph it was only for a very very short period and it was a defensive move to avoid the car on my nearside and give him safe room for a lane change. It was not indicative of my average speed leading up to the overtake or my general driving style. I have held a license since 1991 and whilst I have been prosecuted for speeding in the past my license has now been clean since about 2006.
I am really concerned by this NIP and I'm considering attaching this mitigation with my NIP return or even calling them to try and avoid a court referral. There is no space for additional info on the form and they are simply asking if I was driving or not. My worry is that if I say yes without trying to explain then they will simply send my case to court and given the circumstances I feel a £100 fine or speed awareness course would be reasonable but I don't know how to handle this. Perhaps someone has some advice or experience on this?
Perhaps you can help?
I have received a Notice of Prosecutiom for 100 in a 70 (duel carriageway) via a mobile safety van. I was overtaking a lorry and car at about 80-85 mph on this duel carriageway. As I nearly pulled level with the car he found that he had run of out of road space behind the lorry and he started to move across his lane towards mine. His movement wasn't aggressive but I immediately saw a risk of collision and following defensive driving techniques which I've been tought in the past I immediately increased my speed to pull away and allow him to safely join the outside lane behind me. Keeping the "bubble" around my car as the instructor called it. In doing so I believe I accelerated to about 95 mph and this brought me level with the lorry at which point I then saw a mobile safety camera unit which had been obscured by the lorry up until then. I decelerated at this point but clearly it was too late and I've received this NIP.
If I was speeding at 100 mph it was only for a very very short period and it was a defensive move to avoid the car on my nearside and give him safe room for a lane change. It was not indicative of my average speed leading up to the overtake or my general driving style. I have held a license since 1991 and whilst I have been prosecuted for speeding in the past my license has now been clean since about 2006.
I am really concerned by this NIP and I'm considering attaching this mitigation with my NIP return or even calling them to try and avoid a court referral. There is no space for additional info on the form and they are simply asking if I was driving or not. My worry is that if I say yes without trying to explain then they will simply send my case to court and given the circumstances I feel a £100 fine or speed awareness course would be reasonable but I don't know how to handle this. Perhaps someone has some advice or experience on this?
This stage is likely just to name the driver - the follow up is where you'll have to go into it a little more/present mitigation.
Hate to say it but you'll have little chance of appeal (unless there is some pretty convincing dashcam footage) as speeding is an absolute offence, seems like these cockwombles would rather people crash than speed but they be the rules and that day your luck ran out - you were doing 85 previously so would have been pinged in any event.
I'd just send the form back nominating yourself as the driver and wait to hear back. At that speed it's likely to only be 4-5 points and a fine (means tested -
"net" income so can be mitigated if you've got a friendly employer/are self employed anyway....)
Hate to say it but you'll have little chance of appeal (unless there is some pretty convincing dashcam footage) as speeding is an absolute offence, seems like these cockwombles would rather people crash than speed but they be the rules and that day your luck ran out - you were doing 85 previously so would have been pinged in any event.
I'd just send the form back nominating yourself as the driver and wait to hear back. At that speed it's likely to only be 4-5 points and a fine (means tested -
"net" income so can be mitigated if you've got a friendly employer/are self employed anyway....)
Driving Miss Daisy said:
I have received a Notice of Prosecutiom for 100 in a 70 (duel carriageway) via a mobile safety van.
There's really only one question right now... Who was driving?Driving Miss Daisy said:
I was overtaking a lorry and car at about 80-85 mph on this duel carriageway. As I nearly pulled level with the car he found that he had run of out of road space behind the lorry and he started to move across his lane towards mine. His movement wasn't aggressive but I immediately saw a risk of collision and following defensive driving techniques which I've been tought in the past I immediately increased my speed to pull away and allow him to safely join the outside lane behind me.
Did your defensive driving training not give you the observation skills to notice that he was rapidly closing on this truck? Was hitting the brake and letting him in front of you not just as good an option?B'sides, at 85, you'd still be looking at a three-pointer.
Driving Miss Daisy said:
I am really concerned by this NIP and I'm considering attaching this mitigation with my NIP return or even calling them to try and avoid a court referral. There is no space for additional info on the form and they are simply asking if I was driving or not.
So answer that question...Driving Miss Daisy said:
My worry is that if I say yes without trying to explain then they will simply send my case to court
Yup. 100 in a 70 is way above FPN territory, and a big chunk above SAC.B'sides, if you want to do ANYTHING other just stick your paw up and say "Yup, t'was me, fair cop" - then court is how that's done.
Driving Miss Daisy said:
Hello all,
Perhaps you can help?
I have received a Notice of Prosecutiom for 100 in a 70 (duel carriageway) via a mobile safety van. I was overtaking a lorry and car at about 80-85 mph on this duel carriageway. As I nearly pulled level with the car he found that he had run of out of road space behind the lorry and he started to move across his lane towards mine. His movement wasn't aggressive but I immediately saw a risk of collision and following defensive driving techniques which I've been tought in the past I immediately increased my speed to pull away and allow him to safely join the outside lane behind me. Keeping the "bubble" around my car as the instructor called it. In doing so I believe I accelerated to about 95 mph and this brought me level with the lorry at which point I then saw a mobile safety camera unit which had been obscured by the lorry up until then. I decelerated at this point but clearly it was too late and I've received this NIP.
If I was speeding at 100 mph it was only for a very very short period and it was a defensive move to avoid the car on my nearside and give him safe room for a lane change. It was not indicative of my average speed leading up to the overtake or my general driving style. I have held a license since 1991 and whilst I have been prosecuted for speeding in the past my license has now been clean since about 2006.
I am really concerned by this NIP and I'm considering attaching this mitigation with my NIP return or even calling them to try and avoid a court referral. There is no space for additional info on the form and they are simply asking if I was driving or not. My worry is that if I say yes without trying to explain then they will simply send my case to court and given the circumstances I feel a £100 fine or speed awareness course would be reasonable but I don't know how to handle this. Perhaps someone has some advice or experience on this?
You can slow down quicker than you can speed up.Perhaps you can help?
I have received a Notice of Prosecutiom for 100 in a 70 (duel carriageway) via a mobile safety van. I was overtaking a lorry and car at about 80-85 mph on this duel carriageway. As I nearly pulled level with the car he found that he had run of out of road space behind the lorry and he started to move across his lane towards mine. His movement wasn't aggressive but I immediately saw a risk of collision and following defensive driving techniques which I've been tought in the past I immediately increased my speed to pull away and allow him to safely join the outside lane behind me. Keeping the "bubble" around my car as the instructor called it. In doing so I believe I accelerated to about 95 mph and this brought me level with the lorry at which point I then saw a mobile safety camera unit which had been obscured by the lorry up until then. I decelerated at this point but clearly it was too late and I've received this NIP.
If I was speeding at 100 mph it was only for a very very short period and it was a defensive move to avoid the car on my nearside and give him safe room for a lane change. It was not indicative of my average speed leading up to the overtake or my general driving style. I have held a license since 1991 and whilst I have been prosecuted for speeding in the past my license has now been clean since about 2006.
I am really concerned by this NIP and I'm considering attaching this mitigation with my NIP return or even calling them to try and avoid a court referral. There is no space for additional info on the form and they are simply asking if I was driving or not. My worry is that if I say yes without trying to explain then they will simply send my case to court and given the circumstances I feel a £100 fine or speed awareness course would be reasonable but I don't know how to handle this. Perhaps someone has some advice or experience on this?
Driving Miss Daisy said:
....and following defensive driving techniques which I've been tought in the past I immediately increased my speed to pull away and allow him to safely join the outside lane behind me. Keeping the "bubble" around my car as the instructor called it.
I can't recall any part of my defensive driver training which called for me to speed up as a defensive move. "Bold positioning" certainly, but you should have done that before the car got too close to the truck.You were speeding anyway, so suck it up. Note for the future - any road where traffic flows feely enough during the day that 100 is possible will be well known to the local speed enforcement mob as a great place for a speed trap.
I don't think I'd bother with trying to justify doing 100 along the lines of what you've written here, because it sounds a bit odd. From what I can gather you were in the overtaking lane, doing 85-ish, closing in on a car in the left lane which was itself closing in on a truck in the left lane. If you saw the car start to move into the overtaking lane then it must have still been in front of you, albeit maybe only just, so wouldn't the safest thing to do be to apply the brakes? I can't believe it's going to be safer to boot it up to 100 to squeeze past a car that's coming into your lane that may or may not be aware you're there. I'm sure your intentions were good but it sounds like aggresive, you're-not-getting-in-front-of-me type driving.
I got done for 101 in a 60, had to attend court. Pleaded guilty, sorry etc. and in summing up the Magistrate commented that the speed, whilst excessive was achieved during an overtake and that this made it 'less bad' than simply cruising at that speed.
He then awarded me 6 points and a £400 fine but this was a few years back and before the newgrab for cash fine regime.
Good luck...
He then awarded me 6 points and a £400 fine but this was a few years back and before the new
Good luck...
You could go to court to plead your case.
"My lord I was exceeding the speed limit in an an attempt to overtake a vehicle, but circumstances changed so I decided to accelerate even more to get the overtake done." But it's all OK as I have had defensive driver training, so I know what I am doing"
"My lord I was exceeding the speed limit in an an attempt to overtake a vehicle, but circumstances changed so I decided to accelerate even more to get the overtake done." But it's all OK as I have had defensive driver training, so I know what I am doing"
S8QUATTRO said:
Is 100mph not an instant ban?
There isn’t a speed at which there’s an instant ban. You can also avoid attending court in many cases. Historically, you would be sent a summons to attend court; but the system now is a Single Justice Procedure Notice and initially you have the choice to submit your statement of mitigation online (usually a good idea) or attend court in person (bad idea if looking to avoid a ban).
100/70 is extremely likely to be a SJPN case.
The ‘new fine regime’ mentioned above does not apply to driving at 100/70 - so ignore that.
Whatever the ins & outs and final outcome OP, you were already well in excess of the speed limit before this incident arose, at which point you chose to increase your speed further rather than brake to put yourself back into your protective bubble.
In other words, bang to rights whichever way you play it and sorry but I'm surprised that you're even contemplating any form of defence.
In other words, bang to rights whichever way you play it and sorry but I'm surprised that you're even contemplating any form of defence.
Accept the fine if no court action.
If court, apologise profusely for the mistake you made - use the actions you took as something you would not do normally - explain in great detail what you should have done.
Go into even more detail about the consequences of receiving a ban - public transport issues/costs/affect on family life etc. etc.
Take lots of paperwork to show how much it will affect you, your family, employees/colleagues if any.
Admit the mistake.
I can talk from experience, I was caught slowing down at over 100 mph on the M1, the traffic officer informed me I should expect a ban as it would be going to court.
The magistrates are normal law abiding people (with a heart). Don't treat them like idiots or people that have not heard these excuses before - your behaviour is not unique, but your circumstances and the remorse you feel is.
If court, apologise profusely for the mistake you made - use the actions you took as something you would not do normally - explain in great detail what you should have done.
Go into even more detail about the consequences of receiving a ban - public transport issues/costs/affect on family life etc. etc.
Take lots of paperwork to show how much it will affect you, your family, employees/colleagues if any.
Admit the mistake.
I can talk from experience, I was caught slowing down at over 100 mph on the M1, the traffic officer informed me I should expect a ban as it would be going to court.
The magistrates are normal law abiding people (with a heart). Don't treat them like idiots or people that have not heard these excuses before - your behaviour is not unique, but your circumstances and the remorse you feel is.
Testarossa said:
Accept the fine...
A fixed penalty is not a fine. Paying a fixed penalty means avoiding an income based fine. The rest of your post was relevant years ago and except that some of those matters should be put in writing, the rest of your post is not pertinent to a SJPN case - as there isn’t a court hearing, or at least not one that you can attend. (Unless the SJPN case is adjourned to a traditional court hearing - which is very unlikely for 100/70.)
This is one of the many, many problems with diluting our road safety to simply a case of "obey the number on the stick and you'll be fine".
The OP's story involves genuinely bad driving from almost all concerned. The OP (with respect to you, old boy) is apparently driving along with his eyes closed, unable to assess what's going on around him. He then makes a festering turd of a decision to introduce more speed into an already precarious situation.
Our friend behind the lorry also seems to be concentrating on something, anything, except what's going on in his locale and has blithely chopped up the OP.
While squeezing on to a tonne wasn't exactly the right thing to do, I'll bet if you did that 100 times, you'd cause no harm 100 times. Changing lanes blindly definitely has a lower success rate, as will failing to properly observe what's likely to happen next.
Of all the problems here, our Overlords have chosen to make a meal of the one least likely to cause harm.
Madness.
OP, no one that matters gives a toss about your story. Fill in the form, go to Court (if necessary), be contrite and pay your fine promptly. Try to learn a lesson from it and it becomes much better value. Or don't, you don't report in to me.
The OP's story involves genuinely bad driving from almost all concerned. The OP (with respect to you, old boy) is apparently driving along with his eyes closed, unable to assess what's going on around him. He then makes a festering turd of a decision to introduce more speed into an already precarious situation.
Our friend behind the lorry also seems to be concentrating on something, anything, except what's going on in his locale and has blithely chopped up the OP.
While squeezing on to a tonne wasn't exactly the right thing to do, I'll bet if you did that 100 times, you'd cause no harm 100 times. Changing lanes blindly definitely has a lower success rate, as will failing to properly observe what's likely to happen next.
Of all the problems here, our Overlords have chosen to make a meal of the one least likely to cause harm.
Madness.
OP, no one that matters gives a toss about your story. Fill in the form, go to Court (if necessary), be contrite and pay your fine promptly. Try to learn a lesson from it and it becomes much better value. Or don't, you don't report in to me.
TooMany2cvs said:
B'sides, at 85, you'd still be looking at a three-pointer.....
B'sides, if you want to do ANYTHING other just stick your paw up and say .
You do some bizarre apostrophising. Why apostrophe “besides” to “b’sides”?
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff