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  • Ideal topic for a fast car forum

    Here's the story

    I have a pending speeding. 79mph on a motway 50mph zone. I have a clean licence and was driving in perfect conditions to the 7 Bridge tolls because my disabled daughter was having a severe epileptic fit. I wanted to get somewhere where first aid could be given if needed. This all happened last August. Yes last August.

    Despite extensive correspondence with the police and evidence of my daughter's condition, they decide to proceed to bring it before magistrates "because of the speed involved".

    I hear nothing, until 2 weeks ago where i get a notice saying the case has been adjourned for Cwmbran the following week. So the case had appareently started without me! I was unable to attend the following week because of work and family commitments and reeturned the paperwork to say proceed without me. I live in Surrey, not Wales.

    The following week i call the court to find out the result. To be told that I was found guilty and the magistrates are considering a ban. And that I have to be present at the 'sentencing'. So now I have to travel to the Welsh Mountains, with family in tow, including my dissabled daughter, in leiu of the fact i may get a ban.

    Does this seem fair, or just to you guys? Any of it? Do you think i will be banned? An for how long?

  • #2
    Have you taken a look on PePiPoo - They should be able to help.

    ...also....they are only "consdering" a ban....so when you turn up (nice suite, clean shave etc) explain your mitigating circumstances for the speeding and that you need to use of the car because of your daughter's condition and the ban you would put extreme strain on your family. You may want to enagage a solicitor to help you.

    If you are polite and courteous and say this was exceptional circumstances, which it was, you may get off with just a (largish) fine and a wad of points, but no ban.

    Hope that helps....

    Comment


    • #3
      hey hey yes good site leads there. Did you post anything on pistonheads? Maybe i'll join up and do it if you didnt already.

      thanks again m8

      Comment


      • #4
        My old man has just had the same thing. 53 in a 30, they sent him a letter saying they are considering a ban. He got referred to a road traffic specialist solicitor. She says that is standard op and the worst he should expect is 6-9 points and a £300 fine

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        • #5
          Hmmmm, well I am still pleading the special circumstances. I wasnt dishonest, I didnt lie and frankly i think the *expletive removed* should treat people with a little respect.

          Wish me luck... i'm up on 20th March.

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          • #6
            Originally posted by skylinegtrsteve
            Hmmmm, well I am still pleading the special circumstances. I wasnt dishonest, I didnt lie and frankly i think the squirts should treat people with a little respect.

            Wish me luck... i'm up on 20th March.
            quickly edit your naughty language out, or you will get an ear bashing

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            • #7
              Hmmmm yeah yeah squirts.. thats what I meant

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              • #8
                If you get banned something is wrong with the system. I don't condone speeding but in exceptional circumstances I think there should be some tolerence. If you werent in the 50 you would have still been on the cusp of being within the legal tolerance.

                I really really hope all goes well for you.

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                • #9
                  mmmmmmm well thank you Ma'am kind words indeed. Did you ever think about becoming a magistrate?

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                  • #10
                    Originally posted by skylinegtrsteve
                    mmmmmmm well thank you Ma'am kind words indeed. Did you ever think about becoming a magistrate?
                    i did do a level law and was considering being a lawyer... but kinda didn't bother in the end.

                    Seriously tho, any rational human being would have done that in those circs... well i think they would.

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                    • #11
                      Dont shoot me - I am just stating what this will look like to the "squirts" and the court. (Im also a squirt, the resident vxronline squirt who people love to hate :wink: )

                      It will be argued that if your daughter really was in that condition at that time then any reaosnable person would be expected to stop immediatly on the hard shoulder and phone 999 for an ambulance. This would be the quickest and most effective way of remedying the scenario. It may also be argued that due to toy continuing to drive, in an emotional state and concentrating on both the road and your daughter that you perhaps were not driving with due care and attention (however this is unlikely as you have only received a summons for the speeding).

                      Your best bet to avoid being banned is to state you rely on your car for work. They will then up the fine/ban instead. I received 4 points in 2001 for 47 in a 30. Its a bummer, but there you go.

                      Comment


                      • #12
                        Hi James

                        Its good to have a point of view from someone who could reflect that of the magistrates. This convinces me further that I have to attend court in order to put the actual facts across... not merely a point of view

                        Of course, in many scenarios you would be right. Alas not this one.
                        My daughter when in serious epileptic seizure must have rectal diazepam applied. Which myself and my wife are trained to give. A side effect of this is that the heart slows, and CAN stop.

                        Therefore stopping in the middle of nowhere, the exact location of which I am unsure of to dial 999, who would then ask for a location, and might eventually track me from mobile signals or whatever would waste totally valuable time.

                        I was actually NOT in a panic as you seem to have assumed. My daughter has been ill from 8 mths old, she is now 9 years old. Both myself and my wife who was in the car, teniding to her are used to seeing her in seizure state. We also recognise a situation that potentially could turn serious, if not worse. I needed to drive quickly and safely to the 7 bridge tolls where first aid would have been on hand.

                        Conditions were perfect, traffic light and I was not driving dangerously or eratically weaving from lane to lane. Yes 79 mph is a 50 zone of a motorway. But special circumstances applied.

                        Many thanks for your advice. However you have again assumed that I need my driving licence for work. Actually i dont and dont intend to lie about that. I actually need my driving licence because my daughter attends specialists throughout the south east, including Gt Ormond Street and the only mode of transport that she can travel in is a car. A ban of however long would be dissasterous what with postponed appointments etc.

                        So, in lieue of the fact that magistrates may well 'assume' too much in my absence, I shall be attending court, present the facts and accept whatever befalls on the day

                        I do have some faith left in human nature .... oh yes, and i dont have ANY points on my license nor have i ever after 21 years of driving - i think my 'best bet' is to go with my instincts on this one

                        Comment


                        • #13
                          I kno you may have already but get as much medical letters/apps/support to back you up as possible.

                          I really honestly hope that they don't ban you and you only get a fine and points... sorry if that seems evil me wanting you to have points but you have to get something unfort

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                          • #14
                            If you present these facts the court then I am sure they will show some leniancy. I can't see them banning you, when I say need the licence for work, any justified need for a licence (e.g. medical help for daughter) will do.

                            You will get probably points and a fine. I can't guess as it depends on the judge but I should say 2-3 points and a small fine.

                            Speak toa lawyer as technically you have a textbook defence of "duress of circumstances"> This applies where serious injury or death is feared. Hence you felt had you nor sped up your daughter may have, well...

                            If you can convince them of this then the case may be chucked out altogether.

                            Comment


                            • #15
                              Originally posted by VXR_James
                              If you present these facts the court then I am sure they will show some leniancy. I can't see them banning you, when I say need the licence for work, any justified need for a licence (e.g. medical help for daughter) will do.

                              You will get probably points and a fine. I can't guess as it depends on the judge but I should say 2-3 points and a small fine.

                              Speak toa lawyer as technically you have a textbook defence of "duress of circumstances"> This applies where serious injury or death is feared. Hence you felt had you nor sped up your daughter may have, well...

                              If you can convince them of this then the case may be chucked out altogether.
                              thanks for your wisdom james... just thought we cud do a "im in trouble please help" and you can help us all out

                              I hope your case does get chucked out.

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