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Old 22-06-11, 07:51 AM   #1
timwilky
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Default When does speeding become dangerous driving?

Given that a dangerous driving/riding conviction can mean jail time. At which point does the charge flick over. I ask prompted by this. There is no hint in the report that the bikers concerned performed any dangerous act.

Many of us on private runways have exceed their alleged speed. Safely without endangering ourselves or others. Or has somebody with a peaked cap and checked band decided a certain speed is dangerous.
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Old 22-06-11, 08:07 AM   #2
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Default Re: When does speeding become dangerous driving

Like most things it depends on the other factors.
Going 70 mph on the M roads in thick fog is dangerous driving. But in the dry and clear roads 90mph is fine .
How longs a pice of string ?
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Old 22-06-11, 08:10 AM   #3
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Default Re: When does speeding become dangerous driving

Cases like this are when a good brief earns his wedge by proving that although the speed was excessive no danger was incurred either to the accused or other road users and by the fact that they were pursued by an unmarked police car considering the guide lines regarding motorbike pursuits surely the police considered it safe to travel at that speed. Depending on which part of the A27 it could be 50-60-70mph limit and some of it is new dual carriage way with no exits or entrances between the roundabouts.
Completely dependent on which part of the road but I would imagine even if they did get a reduced charge the speed itself will result in a ban.

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Old 22-06-11, 08:24 AM   #4
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Default Re: When does speeding become dangerous driving

A27 in Polegate. Well techinically its near Polegate rather than in it. It's a bypass, a dual carriageway, very open, can see for quite a while. It's not usually extremly busy and it's not exactly tight twists and turns. Although it is a major road and there are open laybys along it and roundabouts at each end. I've gone along there several times as I live near it. Recently I have seen coppers hanging around there.

So it's not exactly a tiny country lane they're running down, and it's not like it's a badly affected weather area, get the usual stuff but all average sorta stuff. But I don't think weather plays anything here, if you've got up on a Sunday to be out at 10am and doing 130mph+ then I doubt it's tipping down with rain. It is 60mph over the limit they were doing which could have got the dangerous driving bit, or maybe they were weaving everywhere between cars instead of overtaking like you're supposed to. 10am on a Sunday, it's not going to be exactly dead quiet.
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Old 22-06-11, 09:25 AM   #5
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Default Re: When does speeding become dangerous driving

Many motorists have never driven at such speeds and when seeing a vehicle in the rear view mirror cannot comprehend that the approach speed is possibly twice that of their expectation. An element of danger is introduced... Police can only report the facts and the CPS will decide if the evidence is likely to support a conviction. It must be nice having your own private runway...
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Old 22-06-11, 09:59 AM   #6
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Default Re: When does speeding become dangerous driving

Martin
I have actually been encouraged by marked traffic officers to exceed this speed and they matched me, overtook me and drop in either side of me over a 20 mile duration. When I indicated to leave, they waved bye to me. At no time was anyone being dangerous.

Although the fun began at 70, it overtime increased. I guess they were simply using me as a training exercise. I would have hated that they encouraged me to speed in order to "throw the book at me" with an offense that could lead to jail time.

I have never thought speed in its own right as dangerous. Inappropriate speed yes. Right time, right place.
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Old 22-06-11, 12:19 PM   #7
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Default Re: When does speeding become dangerous driving

I think it becomes dangerous driving when you admit to it, because it's rather hard to prove "dangerous" if you are just speeding on a relatively empty road.

If you are followed "driving dangerously" then the coppers should get done for it too as it's clearly not safe to give chase (old video of copper "evidence gathering" on unmarked VFR comes to mind...)
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Old 22-06-11, 12:42 PM   #8
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Default Re: When does speeding become dangerous driving

If you do get clobred. It's best to be honest .
When I got tugged for doing 112
in a 50 and was asked if I knew how fast I was going I said yes .
They did try for dangerous but my brief soon slaped that down.
Ok got a Ban. But could have been much worese and learnt my lesson .
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Old 22-06-11, 01:05 PM   #9
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Default Re: When does speeding become dangerous driving

Quote:
Originally Posted by NTECUK View Post
If you do get clobred. It's best to be honest .
When I got tugged for doing 112
in a 50 and was asked if I knew how fast I was going I said yes .
They did try for dangerous but my brief soon slaped that down.
Ok got a Ban. But could have been much worese and learnt my lesson .
Never ever admit to Dangerous Driving, that is the offence that carries a jail sentence.

My advice, get a solicitor before you talk to the police and tell them you will not cop for Dangerous Driving, then once you've made a statement get a new solicitor who specialises in road traffic offences and get your money's worth out of them. Do not make any comments or statements before you have spoken to a solicitor, no matter how many question the police ask. Be polite and say "I'm not answering any questions until I've had advice from a legal professional"

Last edited by Lozzo; 22-06-11 at 01:06 PM.
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Old 22-06-11, 01:16 PM   #10
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Default Re: When does speeding become dangerous driving

Wise words Lozzo.

The link that caused me to question the switch point from speeding to dangerous driving says their offense was 12th June and they have now had their bikes seized and bailed to appear.

Bit harsh seizing the bikes for an offense that has yet to be proven assuming they were licensed/insured etc. Cops acting as judge/jury again?

I always took the view it was the cops role to uphold the law not make/interpret it. Once again I see this as overstepping their permitted powers.
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