Caught Speeding Whilst Being Tailgaited

[samlouis83]

Hi there,

I'm looking for some advice. I was driving along a road this afternoon which is a 30 mph speed limit but many drivers speed up as very shortly it changes to a 40 mph zone.

Whilst driving along I was aggressively tailgated by a white Range Rover which was very intimidating and I had no where to pull over which resulted in my increasing my speed in the 30 zone to 40. I kept trying to break but the bloke driving just got closer to my bumper. As I (or we!) came down the road there was a police speed van in front which I'm pretty certain would have caught me speeding as a result.

Do I have any grounds to despite it and if so how would I prove it? Es I was in the wrong to speed to but I don't know what alternative I had as I had no way to shake him off. I have a clean driving licence and as I'm undergoing cancer treatment at the moment the fine is something I could do without.

Many thanks for all advice.

[Zacs-Master]

You should have indicated and pulled over. I know it's easy to say but I'm afraid being tailgated won't be a defence.

[tonyav]

If you were photographed by the police speed van then the tailgating Range Rover will most likely be in the pic to. When / if the fine comes through your letterbox appeal against it.

[andy-hughes]

Honestly? Of all the reasons the police hear for speed offenses, this is one of the oldest, and most popular.

I don't for one minute doubt the truth of what you say, but the police will. If that is your only defence, my suggestion is that you plead guilty. You may well be offered a speed awareness course in lieu of points, and still pay the fine, and if they offer that, then of course take it.

My sympathies over your medical circumstances, but again, that will cut no ice with the police - if you are well enough to drive, you are well enough to drive legally is their argument.

Sorry not to offer better news, but that is the reality of your situation.

Best of luck with both lots of circumstances.

[tonyav]

If it had been me I'd have flashed my brake lights a few times.

[jourdain2]

I don't doubt you for a minute, but you have to be pro-active not re-active. (OH went on a speed-awareness course recently, he was in a procession of cars all of which were breaking the limit as it turned out.)
You may get off with a course (I hope you do) but through Mr J2s experience I no longer care about the guy behind me and I almost neurotic about obeying speed limits.

[jourdain2]

^^ From the horse's mouth on this course he was told that in the situation you were faced with you 'keep your speed and pull over to be passed when you are next able to'. In your case, I hope you get away with it - but the law is the law.

[jourdain2]

^^^^ Like tonyav I usually turn my lights on and off a few times. :)

[New Judge]

The definitive answer:

Firstly don’t jump to conclusions. It is by no means certain you have been caught speeding. The only way you will know is if you receive a “Notice of Intended Prosecution” (a “NIP”). This must be served on the Registered Keeper (RK) of the vehicle within 14 days of the alleged offence. If you are not the RK keep in touch with whoever is as there is no time limit on the subsequent NIP which will be addressed to you.

In a 30mph limit enforcement does not begin until 35mph. Up to 42mph you will almost certainly be offered a “Speed Awareness Course”. This will take half a day of your time and cost around £100 but no penalty points will be added to your licence. Above this a fixed penalty (£100 and 3 points) will be offered. You will only face a court case if you are clocked at 50mph or above.

So now to your proposed defence. Firstly, you are guilty of speeding. If you want to put forward the circumstances you describe you must decline the offer of a course or fixed penalty and opt for a court hearing. There you must plead guilty but ask the court to consider that Special Reasons” exist which allows the court to not endorse your licence or impose points. The court also has the power to award an absolute discharge instead of a fine (which they usually do if the Special Reasons argument is accepted).

However, your argument is very weak and is unlikely to succeed. To argue along the lines you are proposing you have to show that there was an immediate and realistic threat to your life or safety and that you had no alternative but to exceed the speed limit. There was an alternative. You could have stuck to the speed limit and let the following car simply tailgate you until you found somewhere to pull over and let it pass. Trying to “shake it off” was never likely to succeed and it would have been safer to be tailgated at lower speed rather than a higher one.

If you do receive a NIP it will be accompanied by a request for the driver’s details. However you wish to proceed you must respond to this within 28 days. My advice, however, is that your Special Reasons argument is almost bound to fail and you should accept an offer of a course or fixed penalty if it is made. Post again if you receive a NIP (which will give you the alleged speed) and we can discuss further.

[RobNorth]

Don't worry yet, you may not get a ticket. Speedometers always read on the high side anyway, around 3/4 mph at 40, so if the line is drawn at 35 mph actual you could still be ok.

[Everhelpful]

Is that why I got done doing 32mph in a 30mph zone,New Judge?I queried mine and was told there is no lee-way nowadays.

[ummmm]

My FIL also got done doing 32.

[Everhelpful]

Thanks,ummm,nobody believes me!!

[Hopkirk]

If anyone tries to make me speed up by tailgating me, I slow down. If they persist, like Tony, I dab the brakes and on one occasion flashed the rear fog lights as well.

[Gizmonster]

//// If it had been me I'd have flashed my brake lights a few times. ////

..... exactly what I do when someone's driving too close for my liking. If they don't back off, I slow down. Most of the time, they get the message and back off :)

[david small]

Being done doing 32 in a 30 zone smacks a an excuse to raise money.

[Everhelpful]

Happens all the time with Northumbria Police,David,no leeway,as I said.

[New Judge]

"Is that why I got done doing 32mph in a 30mph zone,New Judge?"

My FIL also got done doing 32.

Then you are both unlucky.

My statement should have said enforcement normally starts at 35mph. Whilst any excess over the posted limit constitutes an offence most police forces comply with the Association of Chief Police Officers' Guidelines. Each force produces its own policy but I don't know of any who do not generally comply. Here, for example, is Cambridgeshire's policy:

https://www.cambs.police.uk/roadsafety/docs/201305-uoba-joining-forces-safer-roads.pdf

Section 9 gives the details but the document does mention that any excess can be prosecuted.

And here's an RAC document on the topic:

http://www.racfoundation.org/motoring-faqs/enforcement#a2

The margin does not mean a new, higher limit exists. The leeway is designed to reduce the number of frivolous challenges that might be made on the basis of inaccurate measuring equipment or methods.

[ummmm]

It wasn't me who was unlucky. I've never had a speeding fine :-)

[New Judge]

Yes sorry ummm. I should have said your poor F-I-L was unlucky.

I don't know about Northumbria's policy on speeding. It does not seem to be online anywhere. But as I said the "leeway" does not create a new limit.

[woofgang]

I know its stable door time but if you are being tailgated slow down and keep slowing down till the tailgater gets the message....its safer.