Help!! 74 in a 30.
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Punto_sporting

Original Poster:

8 posts

275 months

Wednesday 15th January 2003
quotequote all
Im 19 years old and i was clocked at doing 74mph in a 30mph zone. Ive been driving a year and ive got a clean driving licence. Therefore i will need to re-sit my driving test if i get 6 or more points.

With regards to the speeding, i accelerated striaght up to 74mph, on a totally clear wide road, passing no openings. Just derlect retail outlets.

Ive been told i will be getting charged with Dangerous driving and speeding.

Im willing to pay alot of money to keep my licence, including fines, lawyers fees etc.

Therefore im hoping i can get it reduced to careless. Im not bothered about a test resit etc. Its just i want to avoid a ban at all costs.

Can anyone help me, by giving advice, similar cases or loopholes?

Any help will be greatly appreciated.

smifffy

1,999 posts

286 months

Wednesday 15th January 2003
quotequote all
Sorry mate, there's a big black book coming your way.

I'm not going to rant on, 'cos we've all done silly things at some point, it's just a question of whether you get caught. You did, and that's very unlucky.

You've doubled the speed limit, so I'd expect a ban if I were you. You may just get a ban and no points, or they may stick lots of points on your license too.

Doubtful that the police will reduce the charge.

Take the usual advice, turn up in court, look smart and apologise. It's down to the beak on the day now

jjr1

3,032 posts

280 months

Wednesday 15th January 2003
quotequote all
as above you were just unlucky unless of course there was a marked car behind you in which case you were just blind....

anyway you will be banned so save your pennies for the next time you are allowed insurance.....

plotloss

67,280 posts

290 months

Wednesday 15th January 2003
quotequote all
As Andy says, I would (unfortunately) get down to Stead and Simpsons post haste.

Double the limit and you are looking at an almost certain ban unless you have highly extenuating circumstances. For example if you were a delivery driver by trade and you could prove that you were the only family income and have 10 mouths to feed etc.

Good luck in court though!

Matt.

>> Edited by plotloss on Wednesday 15th January 12:31

pdv6

16,442 posts

281 months

Wednesday 15th January 2003
quotequote all
Ditto.

I always thought that 2 x limit or limit + 30 = automatic ban anyway.

TheLemming

4,319 posts

285 months

Wednesday 15th January 2003
quotequote all
Basically old chap, your screwed.

How screwed you get will depend on your solicitor, the magistrate and your performance in court.

Expect a ban at the minimum and an insurance hike to insane levels.

We have all done stupid things sometimes, however most of us, most of the time, were lucky enough not to be caught. Good luck, and remember what the middle pedal is for!

dazren

22,612 posts

281 months

Wednesday 15th January 2003
quotequote all
How do they classify this as "Dangerous Driving", I see this case as "just" a speeding case (even if a little extreme).

DAZ

marki

15,763 posts

290 months

Wednesday 15th January 2003
quotequote all
As Mamma always said "Stupid is as stupid do`s"
you deserve what you are going to get

Punto_sporting

Original Poster:

8 posts

275 months

Wednesday 15th January 2003
quotequote all
Im from Glasgow, therefore it might be different in Scotland.

The traffic police told me that it falls into 3 categories, speeding, careless driving and dangerous driving.

I cannot get a straight ban unless convicted of dangerous driving.

Speeding 3-6pts
Careless 3-6pts
Dangerous - Min 1years ban & test re-sit.

If i exceed 6pts i have to re-sit my driving test due to being in my probationary period.

kevinday

13,593 posts

300 months

Wednesday 15th January 2003
quotequote all
They are probably going for dangerous driving because you were at nearly 2 1/2 times the speed limit.

robp

5,803 posts

284 months

Wednesday 15th January 2003
quotequote all
Even if you dont get dangerous driving, you will get 6 points (or more) for speeding / careless.

Bad luck mate.

Let us know how you get on!

poidal

61 posts

282 months

Wednesday 15th January 2003
quotequote all
By what method were you clocked, and over what distance? There may be grounds to dispute the claimed speed.

Phil Dicky

7,193 posts

283 months

Wednesday 15th January 2003
quotequote all
I seem to remember that Scottish law there has to be two Officers to coroborate the evidence in this case your speed, in addition to the usual tecnical equipment. Which in effect strengthens their case against you.
As said before your in the brown smelly stuff !!!!

melv

4,708 posts

285 months

Wednesday 15th January 2003
quotequote all
And you expect sympathy?

Melv

spnracing

1,554 posts

291 months

Wednesday 15th January 2003
quotequote all
74 in a 30. Oh dear.

Anyway - a bloke here at work got done for a similar offence and was charged with dangerous driving and speeding. His solicitor successfully argued that if he was prosecuted for speeding, that was the offence he committed - it couldn't be both speeding AND dangerous driving, otherwise all speeding would be dangerous driving.

Actually I'm sure he worded it better than that but hopefully you understand the point.

**999**

286 posts

278 months

Wednesday 15th January 2003
quotequote all

spnracing said: 74 in a 30. Oh dear.

Anyway - a bloke here at work got done for a similar offence and was charged with dangerous driving and speeding. His solicitor successfully argued that if he was prosecuted for speeding, that was the offence he committed - it couldn't be both speeding AND dangerous driving, otherwise all speeding would be dangerous driving.

Actually I'm sure he worded it better than that but hopefully you understand the point.

Well you have a point, it would be duplication to a degree and CPS don't tend to like that too much. It's not quite true that under the circumstances you describe, that all speeding would therefore become dangerous driving. Each case would need to be examined on its own merits.
As for Punto_Sporting's circumstances 60+ in a 30, will almost certainly invite a period of disqualification. IMO to drive at that speed in a 30 is ludicrous. I think you'll need a mortgage for your next insurance premium

>> Edited by **999** on Wednesday 15th January 15:12

Tyke

250 posts

276 months

Wednesday 15th January 2003
quotequote all

Punto_sporting said: Im from Glasgow, therefore it might be different in Scotland.

The traffic police told me that it falls into 3 categories, speeding, careless driving and dangerous driving.

I cannot get a straight ban unless convicted of dangerous driving.

Speeding 3-6pts
Careless 3-6pts
Dangerous - Min 1years ban & test re-sit.

If i exceed 6pts i have to re-sit my driving test due to being in my probationary period.





I believe you are sadly misinformed. I am of the opinion you are in the mire up to your neck. I have conducted research into this for my own ends (96 on a piece of M way derestricted to 50) I found out that at 30MPH and above over the ban is virtually automatic, allowing of course for extenuating circumstances.

My argument was that there was no need for the 50mph as the roadworks had finished (the 50 signs were removed the following day), I needed licence for job, and even had my son at court with me as he was off school with chicken pox. The miserable twats still banned me for 3 months and a fine of £500.

Driving at 70 plus in a 30 is insane at best, however there are roads round here where the pigs hang out with laser guns, their fave spots is on the Bawtry to gainsborough road. It is long and straight and varies from NSA to 30mph in villages. I assume that this is how you were caught and not larging it through a housing estate. If the latter is the case how the feck can you argue it is not dangerous.

I'd get the re test booked now just to be on the safe side.


>> Edited by Tyke on Wednesday 15th January 16:14

alan_driver

1,281 posts

277 months

Wednesday 15th January 2003
quotequote all



my argument was that there was no need for the 50mph as the roadworks had finished (the 50 signs were removed the following day),


These signs were put up by contracted company I presume? If that is the case I was lead to beleive these are only a guidance and do not have to be followed. The same with tempory traffic lights, there recommended, but not agains the law to go through at Red. Although you can still be done for Dangerous Driving. I didn't think you could get done for speeding (aslong as its not more than the normal speed of the road)
Can any one confirm or correct this please.
alan



>> Edited by alan_driver on Wednesday 15th January 16:57

fatsteve

1,143 posts

297 months

Wednesday 15th January 2003
quotequote all
, is this a wind-up?

I've known / done some stupid things in the past, but you really were asking for it in a 30 zone.

I would stick your hands in the air, lube up your arse and take your punishment, and be thankful that perhaps one day you may be able to drive again.

Steve

Alex

9,978 posts

304 months

Wednesday 15th January 2003
quotequote all
If you've been clocked at 74mph then you're stuffed as far as the speeding goes, as for Dangerous Driving though, they will have to prove that. If it was a straight road with no other vehicles around, I don't see how it will stick. Simply the fact that you were travelling at two and half times the limit does not prove dangerous driving.