Speeding - avoiding rioters and civil disorder

[carphunter]

Hi - any advice would be appreciated - went to Liverpool last Saturday to see the Disney Dream Cruise ship with the children. As we got to the the Cruise terminal all hell breaks loose total riot situation. Managed to get away quickly to a safe space had a guest with us who was very scared by their ethnicity. Eventually the mob moved attacking the Police and we were able to get back to the car.

Driving away missiles were thrown at us and the vehicle. Managed to get away. About three miles away from the main riot we were confronted by large gangs masked up and carrying weapons, managed to drive away from them... Gets a bit further along and confronted again. Sped away through a green traffic light which was about to go Red did not want to stop. I must have been speeding I got a speeding ticket today for 46mph on a 30mph road !

Would it be advisable to plead mitigation plead guilty to the offence or go to court. ? 46 in a 30 will not be a Speed course it will most likely be 4 points minimum and a fine Im on UC so the £120 rule should help there...

I have no points criminal or otherwise no record. To be honest in that situation I just wanted to get away ... special reason for speeding or that not likely to wash too well. ...

Very upset with myself but glad we were not hurt - friends aboard the ship had to leave the cruise when they were hit by missiles - by rioters now this happens - no history of bad driving ... not a boy racer Im 61 !

[islandgirl]

Hello - here are the sentencing guidelines

https://www.sentencingcouncil.org.uk...-revised-2017/

Handy Andy is the expert so hopefully will be along soon

[HandyAndy]

As you correctly assume, too fast for a course but still within the fixed penalty range (£100 and 3 points).

There are two avenues to consider and explore, both of which would mean you declining he FP and instead opting for a court hearing.

The first is to plead guilty but argue that there are “Special Reasons” not to endorse your driving record and impose points.

He second is to plead not guilty and offer a defence that the offence was committed because of “duress of circumstances”. This seems more appropriate from what you describe. However, you will have to show that:

• Your speeding was only committed to an extent that it was necessary. If you were driving above the speed limit to escape a legitimate threat, as soon as that threat was avoided, you must stop speeding.
• That there was no alternative action that you could have taken, and that your behaviour was proportional to the threat.

Both options carry a risk in that in the event of failure you will be sentenced in accordance with the normal guidelines which islandgirl has kindly provided. This will certainly cost you more than £100. As well as an income related fine you will pay a surcharge of 40% of that fine and prosecution costs. These will be around £90 if you plead guilty and unsuccessfully argue “special reasons”. But they will be in the region of £600 if you plead not guilty and are convicted following a trial. That speed will also see you receive four or five points.

[gary94]

Please find evidence you were in the area at the time of the riots, you stand a good chance.


On different note, am here to seek advice, got a first speeding ticket 6/8/24 in over 19yrs of driving. 57mph in 50mph M1 road works thats what it says. Am utterly shocked, I know the road really well and its difficult for me to accept that I was overspeeding.

My first thought was, have I been cloaned? Should I just accept or is this the threashold for an awareness course? Thanks in advance, and my apologies for putting this on someones thread.

[carphunter]

Hello - here are the sentencing guidelines

https://www.sentencingcouncil.org.uk...-revised-2017/

Handy Andy is the expert so hopefully will be along soon

Thank you all for your very kind advice. I will see what evidence I can garner. The Police have confirmed they will look into my situation in terms of potential threat - going on from that they said they would be looking to use the 3pts - £100 route if they wish to proceed, they looking into it. I hope that common sense prevails. Thank you all for your assistance it is appreciated.

[HandyAndy]

On different note, am here to seek advice, got a first speeding ticket 6/8/24 in over 19yrs of driving. 57mph in 50mph M1 road works thats what it says. Am utterly shocked, I know the road really well and its difficult for me to accept that I was overspeeding.

My first thought was, have I been cloaned? Should I just accept or is this the threashold for an awareness course? Thanks in advance, and my apologies for putting this on someones thread.

Briefly, 57mph is the speed at which enforcement normally begins in a 50mph limit. You should be offered a course for that speed. It will cost you about £100, a few hours of your time but no points and no need to declare it to the majority of insurers.

To discuss the possibility of cloning, etc. I think you should start your own thread.