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Appealing speeding ticket

2

Comments

  • Hadeon
    Hadeon Posts: 367 Forumite
    Whenever you & especially your colleague are ready Valli, post back.
    Also details of her alleged speed & the speed limit if known.
    Under the circumstances this is all small potatoes.
    My sympathies to your colleague.
  • this must be a terrible situation and i probably would have done the same thing. Nonetheless, ideally no-one should be driving when under such emotional strain and your colleague has admitted to speeding. Taking an objective view, it's quite fortunate that nobody was hurt as a result of speeding. Imagine if someone had been run down. As I said, myself and most others would have had the same reaction to jump in the car and get to the hospital asap but I don't think there are any grounds for appeal tbh.
    :D
  • sebdangerfield
    sebdangerfield Posts: 509 Forumite
    edited 15 March 2010 at 9:52PM
    I think a few of the posts above are a little harsh and somewhat off the mark regarding the advice given.

    There are several defences to speeding but the situation which arose above is not one of them. There are, however several mitigating circumstances in which you're friend may mitigate their case. These mitigating circumstances are to be used in the exception and not the norm and include fleeing from assault and an emergency situation like travel to hospital.

    My advice would be to find out the exact details and re post on here for me to advise or better, tell her speak to a local criminal solicitor in the local area for further advice.

    The simple fact of the matter is, if she was doing 100 in a 40 behind the abulance then not much could mitigate that but if she was driving safely, at the appropriate distance behind and not much over the limit then I'd happily defend that and expect either an absolute discharge due to the circumstances of a vastly reduced sentence.

    Also, driving behind a speeding amubulance isn't dangerous driving. Dangerous driving would have to be proved seperately on it's own merits.
  • the182guy
    the182guy Posts: 1,018
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    I agree with sebdangerfield.

    For all we know the speeding could have been just 35 in a 30.
  • Valli
    Valli Posts: 26,129
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    ok I'll ask her for details...
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • DaveF327
    DaveF327 Posts: 1,161
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    Sorry to hear of the circumstances. If I were the officer who witnessed the transgression, I certainly would have used some discretion before reporting, but once the camera has flashed (and the camera never lies) then I'm afraid section 87 of the Road Traffic Regulation Act 1984 provides no legal defence.

    Once the matter goes to court, the magistrates' hands are tied by the law. Although there is no appeal against conviction, there may well be an appeal against sentencing if the sentence involved undue hardship. I'll let those more legally qualified comment on that one.
  • pineapple
    pineapple Posts: 6,939
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    edited 17 March 2010 at 8:23PM
    Can I suggest this very useful site for motorists, with active forums where you can post for advice on just this sort of thing. I wish her the best of luck. Who amongst us can say they have never driven when upset or worried about something?
    http://forums.pepipoo.com/

    In my opinion, the points are the problem rather than the fine. They take you a step towards losing your licence and are best avoided if possible. They may affect your insurance and there are still one or two employers who demand a totally clean licence. Some authorities let you take a 'speed awareness course' instead.
    Then there is always the possibility that the NIP doesn't arrive within the legal time frame. I think it is 14 days from the offence. In which case, also take advice from pepipoo.
  • Valli
    Valli Posts: 26,129
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    bit of an update - she has written - she wasn't 'right behind' the ambulance but was hurrying to get to the hospital given that her mother was so (gravely) ill; so waiting to see what happens.
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • WTTM
    WTTM Posts: 177 Forumite
    Valli wrote: »
    bit of an update - she has written - she wasn't 'right behind' the ambulance but was hurrying to get to the hospital given that her mother was so (gravely) ill; so waiting to see what happens.

    Even worse - driving dangerously along a road with other road users. Accept the 3 points and be grateful she's not facing a dangerous driving charge.



    MOMENT :D
  • Mankysteve
    Mankysteve Posts: 4,257
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    edited 17 March 2010 at 11:23PM
    A copper would have pulled her anyway and properly done her for dangerous driving. Its a terrible thing that happened and I can understand her need to follow the vehicle but sometimes in life you've got to distance yourself from your emotions as do the logical thing.
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