Woops..speeding/racing

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18 Oct 2009
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5
Ok. so basically
I live in the Shetland islands (united kingdom), and we have nothing but single track roads and double..roads..B roads?
I was sitting in a lay-by on my phone, and my friend whom i haven't seen in 4 months due to being at sea drove past, i hung up and horsed up the road to catch up.
Holding at 60 i managed to get him in my sights and flashed at him and indicated in briefly to tell him to indicate in.
He suddenly sped up, i never realised and began holding high speed with him, up too about 80, and held this for a very short period of time before realizing my speed and slowing down, i came off the gas but didn't brake.
Eventually the numpty pulls in and i pull up aside him, about 2 minutes later the police appeared and took him in the van for 10 minutes, he got clocked at 82mph and got 3 points and a 60 fine. they then sent him on his way, i sat and waited during this time, the police then came and told me that i need to be careful as i had allready been spoken too about my driving. i was overtaking on a corner at night (2 cars in front of me was doing 40 and the car in front overtook first, and this was a non-blind corner btw) and have been charged with having a headlight out.
So a day later i get stopped again on a single track road where every car going by was being searched for drink as a gig was on at a local hall.
The police asks me if im staying at the gig and i said no, I'll be coming back out, and he tells me to come back as they need my details.
So i went and dropped off my friends at the gig and went back, and he said 'its just too tell you that a reports being made to the prosecutor fiscal or whatever, and I'll be receiving a ticket.'
Confused, i drove on into town where i decided to go too the police station, where i was informed that basically i had been racing on a public highway and im looking at a driving ban of up too 18 months.
For one i wasn't racing, or i definatly wasn't intending to race, i was just keeping up with him waiting for him to pull in, and for two i didn't realize he was speeding, and i was only holding at high speed for a very, very, VERY brief period of time. (Were talking about 2-3 seconds)
I think im getting a court summons on Monday, but i will/would plead not guilty to racing on a public highway as i wasn't.
Anyone have any idea about this area of law? Whats going to happen too me? Will i definatly be going to court?
Oh and while im at it...my insurance policy says the policy holder is the registered vehicle keeper, who is actually my mother, but i am the policy holder on my own.
She'll be receiving the letter i assume? The above about insurance, im not going to get done for fraud or such am i...
 
For one i wasn't racing, or i definatly wasn't intending to race, i was just keeping up with him waiting for him to pull in, and for two i didn't realize he was speeding, and i was only holding at high speed for a very, very, VERY brief period of time. (Were talking about 2-3 seconds)

I think the problem here is your definition of 'racing' your friend. Facts are that your friend sped off and you followed him at high speed. Regardless of how short a period of time you were going at the speed, by chasing your friend off its seen as racing by virtually anyone watching. Whether or not you relized what your actual speed was, its your responsibility as the driver to keep an eye on how fast your going.

Oh and while im at it...my insurance policy says the policy holder is the registered vehicle keeper, who is actually my mother, but i am the policy holder on my own.

Now I may be wrong on this one, but if your insurance policy states that you must be the registered keeper, but this is infact your mother, then surely your insurance policy is invalid as well? I know my documents state that its only valid if I'm the registered keeper in big letters on the front cover sheet. That would be more trouble to add to the bundle your going to be in.
 
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Just something else I've noticed
I think im getting a court summons on Monday, but i will/would plead not guilty to racing on a public highway as i wasn't.

From my experience talking to friends who have been in court for similar offences, pleading not guilty will make things worse for yourself rather than better. Unless you have some real evidence that you didn't comit the offense (I didn't mean to speed and I was just following my friend don't count :D), it may be better to act remorseful and to plead guilty.

Obviously this is just my 2p worth and you should seak proper legal advice if you intend to go to court.
 
You were apparently chasing another car on a 60mph single carriageway road at 82mph when you were spotted by the Police.

What would any reasonable person think other that that you were racing one another?


Incidentally, I would suggest that you shouldn't say that "you didn't realize you were speeding", this is likely to result in further charges.


You will probably be OK on the insurance front - until you want to renew!
 
He suddenly sped up, i never realised and began holding high speed with him, up too about 80, and held this for a very short period of time before realizing my speed and slowing down, i came off the gas but didn't brake.

Surely you must have done when you had to put your foot down to keep up?
 
I don't even believe the original post, I think it was put here by someone trying to illicit a long and predictably heated series of reactions from many of the regulars here.

It does not even read like it was written by someone who has been to school, very strange indeed, I don't know what it is exactly, but it reeks of a troll post to me. A mighty strange first post on OcUK too I might add.

If I am wrong, and it is genuine, then I sincerely apologise.
 
things the internet expert need to be aware of

1) this is the shetland isles, which will fall under the scottish legal system which is COMPLETELY different to ours

Ive no idea how to comment on this one.
 
You were stupid, and whatever happens, you were speeding. It's your responsibility to keep your speed to a level below the limit.

As regards the "racing" offence, well, sadly when it comes to road laws, the old saying "innocent until proven guilty" doesn't apply anymore. The police just need to think you were racing and that's it - that's "sufficient" evidence for a conviction.

I think you need to go to talk to a solicitor instead of asking on here.
 
popcorno.gif
 
From my experience talking to friends who have been in court for similar offences, pleading not guilty will make things worse for yourself rather than better. Unless you have some real evidence that you didn't comit the offense (I didn't mean to speed and I was just following my friend don't count :D), it may be better to act remorseful and to plead guilty.

This, a thousand times this.

Plead guilty. Wear a suit, act sorry, like a normally responsible citizen who had a moment of madness and realises the error of their ways.

I mean, you're going to get banned, but this way you'll cop a shorter ban and a lower fine.
 
things the internet expert need to be aware of

1) this is the shetland isles, which will fall under the scottish legal system which is COMPLETELY different to ours

Ive no idea how to comment on this one.

I've had a court summons before for speeding.

I was advised (wife & sister in law are both Solicitors) to plead guilty by post and include a letter that the magistrate would read.

Net result was me getting 4 points rather than 6 and £150 fine rather than £300+.
 
I don't believe a word of it either Moeks. No specific locations, car types or descriptions etc. Seems wrong, and for a first post... Well. We'll see I guess.
 
ARgh

nononono
it is genuine! i was googling it and came across an old post on these forums, thought i may as well ask here since people seem to know what their talking about.
Im going to try yahoo answers as well
Specific car types? He was in a corolla, 1.3, im in a focus, 1.8 TDCI
location? Shetland isles, more to the point, through cunningsburgh and out to quarff.
Anything else?
And thanks everyone for the replies so far, its appreciated, and i reckon im going to plead guilty from what I've heard from other people.
 
Well no.
i take it your from shetland?
awsome :D
i was sitting at the last turn in at the bottom on cunningsburgh on my fone and i saw him come down from south the way, came out the road and onto the main road, they were stuck behind some old woman, she pulled into aithsetter, guy in front pulled away, on the cunningsburgh straight (or fladdabister straight) he sped up.
I naturally took pace, but didnt intentionally set the foot or anything, difference between a 1.3 and a 1.8 TDCI is quite a lot...naturally its not difficult to keep up, but i did, briefly.
I never, ever intentionally raced what so ever, and there was no racing involved in cunningsburgh, just out and into quarff.
I've kindly asked the police not to mention any names in the times and they said they'll see what they can do.
 
OH! and i was talking to someone tonight about it, and was told that because i've been talked to before about my driving they'll be watching me and might threaten me with crap like this, but they can't actually do anything because they have no sufficient evidence to show that i was doing the same speed, im not going to kid myself on with this information but the guy i was talking to said the same happened to him and he was told he was getting done but nothing ever came of it.
I did have a few inklings about this, since they didn't even so much as hint that would happen at the time, and the guy i talked to near the gig never so much as mentioned me getting done for racing, just that i would be receiving a ticket.
If i ask them to prove it, what are they going to come with?
Can speed guns clock 2-3 cars sequentially?
 
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