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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice
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Have a clean drivers lisence and was driving my partners car

Customer Question

Have a clean driver's lisence and was driving my partners car (as he had had a few drinks) when I was 'flashed'. My partner is a police man and was cross! I assured him that I was going dead on 30mph - next town (3 minutes later) the exact same thing happened!! I have now been offered a course for the first offence at 00:09 and 3 points and £100 for the second (occured at 00:12). Speedometer on partners car is very confusing and what I thought was dead on 30, was in fact 35!! Speed offences are each logged at 36mph. Having explained to my partner, he can see how I misunderstood the speedometer!! I have asked that the offences be treated as one (as this is my first - well - first two) and have been told NO (bit unreasonable). I can photograph the speedometer in my car and my partner's and bring it to court. I resent being treated so harshly when genuinely trying to do the right thing (drive my partner home) and genuinely misunderstanding the speedometer of the car I was driving (its relatively new to me as my partner has only just bought it since we had our first child). Ordinarily I would just give in and accept the consequences, but I really do feel that this is unfair!!
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 2 years ago.


Have a clean driver's lisence and was driving my partners car (as he had had a few drinks) when I was 'flashed'. My partner is a police man and was cross! I assured him that I was going dead on 30mph - next town (3 minutes later) the exact same thing happened!! I have now been offered a course for the first offence at 00:09 and 3 points and £100 for the second (occured at 00:12). Speedometer on partners car is very confusing and what I thought was dead on 30, was in fact 35!! Speed offences are each logged at 36mph. Having explained to my partner, he can see how I misunderstood the speedometer!! I have asked that the offences be treated as one (as this is my first - well - first two) and have been told NO (bit unreasonable). I can photograph the speedometer in my car and my partner's and bring it to court. I resent being treated so harshly when genuinely trying to do the right thing (drive my partner home) and genuinely misunderstanding the speedometer of the car I was driving (its relatively new to me as my partner has only just bought it since we had our first child). Ordinarily I would just give in and accept the consequences, but I really do feel that this is unfair!!


 

Expert:  Jo C. replied 2 years ago.
Yes, sorry, I've read the facts.

What is your question about this?
Customer: replied 2 years ago.


Where do I stand? What should I do?

Expert:  Jo C. replied 2 years ago.
Thanks.

If you are asking whether or not the fact that your speedometer is either confusing or malfunctioning amounts to a defence then its bad news I'm afraid.

The law requires that you drive within the speed limits. That is the case even if your car had not speedometer at all or you are mislead by an inaccurate one.

There is no defence in saying that the speedometer was fault and, in fact, it amounts to a vehicle defect so I wouldn't necessarily recommend raising it in mitigation either.

They wont treat the two matters as one. Its always a debatable point because I do see that some acts of speeding are one continuous act rather than two separate incidents but the problem with that is that amounts to driving without due care so its not a good idea to raise that particular point in a case like this where the contraventions are very low level.

You can always wait to see if they remember to summons you. They do forget sometimes. The risk though is that if you are summonsed then you will get 3 points for both and face a higher costs order.

I'm very sorry but I have to give you realistic information.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.


No thanks - that's great! Thanks for your help Jo - at least I know where I stand!! I will pay both fines and accept both points of 3 each. I'll be damned if I am going to sit and be lectured to about speed for four hours when I know full well how to abide by the law. Grrrr :(


 


Thanks Jo.

Expert:  Jo C. replied 2 years ago.
If you are going to do that then you may as well wait to see if they summons you. They do forget sometimes.

Even if they don't forget you will still only get 3 points each but the fines would be higher although, quite frankly, not much.

No problem and all the best.

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