Just been caught speeding and dangerous driving

[Groove]

No hate mail please

Firsty; i already have 3 points for speeding. 42 in a 30 back in March.

Now, today on the way back from work, making progress home to go and visit my mum in hospital (having breast cancer operation...) i was caught speeding at '107MPH' and caught undertaking at "80+" twice on a dual carrigeway (A120 if people know it, 30odd miles of bordem)

He said he caught me speeding by following me and judged my speed off his callibrated speedo and odometer. He obvioulsy tried getting me to admit to doing the speeds, i just explained i was unaware of my speed basically. Also, it was only one copper in the car at the time. He also explained that he was following for about 10 miles (i no, i slowed down to 70ish for a long time) but he was very close to my arse. So close that i could only just about see one headlight of the bloody great Land Rover in both my mirrors! Also seems he had his sirens on for a more than i realised When i was sat in the back he was cancelling other cars to join in! Wished id had kept going!

I admited to undertaking, but explained how it seemed safe to do so at the time. He will try to get statements from the drivers of the cars.

I will be getting summond to court for this, and he said if i explain that i need my license for going to work (i start at 4:30am 3 times a week so transportation is needed) and going to visit my mum if shes in and out of hospital then i may get more points and a hefty fine.

Also, i am still on a restricted license, and he see my license as identification but nothing was mentioned of restrictions. Could this get brought up in court?

What do you think the outcome could be?

There goes me wanting a 954 this time next year!
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|| Past: 1991 Kawasaki ZXR 250 ~ 2003 Honda CBR 600 F Sport ~ 2004 Kawasaki ZX6R B1H 636 ~ 1999 Yamaha R1 ~ 1999 Kawasaki ZX6R J ~ 2004 Kawasaki ZX6R B1H 636 ~ 1998 Honda VTR1000F Firestorm ~ K1 GSXR 600 Track bike ~ K6 GSXR 1000 ~ 2006 Speed Triple 1050 || Current: 2005 R1 https://www.adrucore.co.uk

[moonym20]

More experianced replies to follow...

was this chap actually in a traffic car and does he have any formal evidence i.e. video tape to prove your offence

i don't think judging your speed 'exactly' using a guestimate from a spedo and odo are going to hold up.

Also you have migitating circumstance given the distressing situation with your mum (best wishes to her) which may play in your favour.

Get a good brief.... oh, and be sure to give your arse hole a good scrub and a wash before you enter the dock incase the migistrate has any requests
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A scientist crossed a skunk with an owl. He's got a bird that smells but doesn't give a hoot

[Blau Zedong]

Did he state his intent to "report you for consideration regarding prosecution for the offence of dangerous driving"?

I had a run in with South Yorks police a couple of years ago. You won't know exactly what they will prosecute you for untill you get the summons..the dangerous driving thing could be bluff and bluster at the time of your rollocking, or they might decide to try and stick it on you - c'est la vie. You can elect to be tried in a crown court for dangerous driving (as I did), and may well get legal help as it is an offence with the option of a custodial sentence (unlikely but thought you should know). You can't do anything till you get your summons....if they are going for dangerous driving then your next move is to see a solicitor ASAP.
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18:54:48 Rob Fzs: jews don't give away stuff for free

18:54:59 Rob Fzs: unless its their clothes/ hair/ golden teeth

[extreme3d]

Not much can be said really, speeding on a bike is a bit like a game of cat and mouse. Most of the time you get away with it, sometimes you don't...

Hope your mother's op goes well and she recovers soon

[Minty]

Queue the 'pick up the soap - boy' brigade.

Hmmm I would hope just points. Have a wash, put on a suit, be sorry and push the 'visiting my sick mum - need tha licence for work' angles.

You have a chance.

Best of luck
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My fingers smell of your mum.

[Groove]

[Blau Zedong]

[Finglonga]

[Shaun]

You'll be going to prison for 4 months.

[Blau Zedong]

Did the copper take a statement from you?

There's bugger all doing till you see a summons - I sympathise with the waiting..took 10 months to resolve my case.
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18:54:48 Rob Fzs: jews don't give away stuff for free

18:54:59 Rob Fzs: unless its their clothes/ hair/ golden teeth

[Barry_M2]

Sounds like you might just get done for the dangerous driving. If he can't produce evidence that you were speeding, and your not going to admit to it (are you?), then they cannot charge you.
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ZXR750R (M2) - For the road.
CBR1000 RR4 - For the track.
https://www.bikechatforums.com/profile.php?mode=viewprofile&u=4332

[Blau Zedong]

[EuropeanNC30R...]

I was under the impression that these days undertaking being purely illegal was a myth, i.e. no specific offence and has to be decided to be dangerous so that it comes under dangerous driving.

[Groove]

I asked him off the record if it was illigal or not to undertake. He said not if the outside lane was moving slower than other traffic, or somthing along those lines...He gave the example as being traffic cues etc...

I also didnt receive any form of ticket to say ive been pulled over? I thought i would atleast get a producer?

We had a "interview" of some sort under police caution or somthing or other. Basically asked me a few questions wrote them down with the answers i gave, trying to give nothing away. Then had to sign after.
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|| Past: 1991 Kawasaki ZXR 250 ~ 2003 Honda CBR 600 F Sport ~ 2004 Kawasaki ZX6R B1H 636 ~ 1999 Yamaha R1 ~ 1999 Kawasaki ZX6R J ~ 2004 Kawasaki ZX6R B1H 636 ~ 1998 Honda VTR1000F Firestorm ~ K1 GSXR 600 Track bike ~ K6 GSXR 1000 ~ 2006 Speed Triple 1050 || Current: 2005 R1 https://www.adrucore.co.uk

[G]

Danegerous driving is a crown offence.

That means you would be tried in front of a jury.
This means the policeman will need to convince twelve people that you are guilty of the charges he is bringing.

Even for the speeding, that might be a bit harder.

For the moment, you're just going to have to wait until you hear from the CPS I'd say. Note that there is not the six month's limit on a court date being arranged for the crown court. It's about 7 years, but if they leave it too long, you should be able to blag it anyway.

Can't do much until you do hear, but try and have a half decent solictor waiting for when you do. Going from there; get good legal advice and I reckon you've got a change of getting off based on the details.

[Paivi]

Well, you'd best hope they'd downgrade it to careless or inconsiderate driving from dangerous driving, as quite different penalties are applied, and I doubt the courts will take many mitigating factors into consideration for dangerous driving either.

Having said that, book yourself to IAM (Ride for Life package £85), as the courts may decide that at least you're trying to improve your skills.

The Highway Code Penalty Table (maximum penalties)

Dangerous driving
Imprisonment: 2 years
Fine: Unlimited
Disqualification: Obligatory
Penalty points: 3-11 (if exceptionally not disqualified)

Careless or inconsiderate driving:
Imprisonment: -
Fine: £2,500
Disqualification: Discretionary
Penalty points: 3-9

Whichever you're done for, you can probably kiss goodbye to any big bike for the next couple of years, as these points on your licence matter a great deal to an insurance company. Same points for an SP30 tend to be irrelevant, but there are a few things insurance companies really like.

Good luck!

[Pete.]

If he was in a "bloody great landrover" could that be a range-rover? If so it's likely to be fitted with recording gear because they primarily use them for traffic.
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[Irezumi aka Reuben]

[stinkwheel]

Were you cautioned? (you have the right to remain silent etc.)?

As BLUEX5 said, did he say "You are to be reported for consideration for prosecution on the following charges..."?

Trying to establish if he actually issued you with a verbal Notice of Intent to Prosecute and if any of the statements you made were under caution.

For your own records and benefit, sit down RIGHT NOW and write yourself a report of exactly what happened, where, when and what was said to the best of your memory. You might hear nothing about this for quite some time, it is amazing how 'fuzzy' these details get with time.

It is normal to be given no paperwork at the time. Next thing you'll hear is either a summons to appear in court or nothing.

If you're lucky, you might get a fixed penalty notice through the post. If you do, I'd recommend you take it.

As has been said, if they go for the dangerous driving thing, get legal advice. It is a criminal offence and you can be jailed for it.

On the plus side, they have to prove dangerous driving "beyond reasonable doubt". As such, they will usually drop it go for the lesser offence of 'driving without due care and attention' because they only have to prove this to a balance of probability.

[st3v3]

[Blau Zedong]

From the start my game was to get the charge reduced or bite the bullet and get found not guilty in the crown. It took 5 magistrates appearances with nothing doing from the CPS, then when i went to Crown the police had ponied up the test data for the vehicle speedo that my barrister was angling for. On the day the fact that the police speedo read 5 - 8 mph out was enough to get them to drop the charge to due care. If the worse comes to the worse your solicitor will advise you if it's worth arguing as resolutly as I did.
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18:54:48 Rob Fzs: jews don't give away stuff for free

18:54:59 Rob Fzs: unless its their clothes/ hair/ golden teeth

[Ichy]

Overtaking on the left doesn't appear to be illegal since there isn't a law in place.
Best I can come up with is from the Road Death manual, bit excessive I know since no one died but its all I can find.

3.3 Careless driving
The joint police/CPS charging standards cites the following examples that may
support an allegation of careless driving.
● Acts of driving caused by more than momentary inattention and where the safety
of road users is affected, such as:
● overtaking on the inside

etc.

Rest can be found here:
https://www.acpo.police.uk/asp/policies/Data/rd_death_manual_v2_2004_updated_19x04x04.pdf

[angryjonny]

[Barry_M2]

[angryjonny]