How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I was involved in a road rage at a roundabout and fearing for

Resolved Question:

I was involved in a road rage at a roundabout and fearing for my safety pulled away at the roundabout and was doing 59 in a 50 just before it turned to 70.I also noticed when travelling on the dual carriage way again that there was on a 50 sign on one side of the road. have I grounds to appeal
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Were you pulled over or did you have a notice of intended prosecution please?

Customer:

notice of intended prosecution

Alex Watts :

Why did you go from 59mph to 70mph?

Customer:

i didnt do 70, i was explaining that it was a 50 speed limit and police were in van about 100 yards from the 70 speed limit

Alex Watts :

Oh I see.

Alex Watts :

How far did you do 59mph for?

Alex Watts :

Did this person follow you?

Customer:

from the roundabout pulled away and probably got up to 59 just before I noticed police van approx 200 yards of accelerating with other cars around. I didnt check until I was a bit further up the road as didnt want to get involved with them as had already been abusive and quite threatening. I then could see the van they were in. to be honest looked like european gypsies so just wanted away.

Alex Watts :

Was this person following you?

Alex Watts :

That is what I need to understand

Customer:

I dont know . I stalled at the roudabout, one got out of the van behind me as I have automatic start and was trying to start with clutch but should of hit engine button. He banged on the window started shouting in broken english.I got engine started and pulled away. When I got up the road I couldnt see them so imagine turned into mildenhall

Alex Watts :

Ok, so when you drove away, you can't say whether he was following you?

Customer:

no, glad they didnt. wouldnt have caught up if they had as would of just put foot down even with police camera as seemed pretty nasty

Alex Watts :

Ok - the problem you therefore have is this.

Alex Watts :

You can only use that defence if there was a risk to life etc.

Alex Watts :

There was not

Alex Watts :

Further you do not know whether this person was chasing you. If they were then you would have a shout at defending this.

Alex Watts :

But as you do not know whether this person was following you, the Police would say you had no reason so speed.

Alex Watts :

You were going 50mph.

Alex Watts :

If the person was not following you that would be enough to give you distance if they were not behind you.

Alex Watts :

So on that basis you do not know whether they were following you and they only banged on the window, I am of the view that if you appealed this you would lose.

Alex Watts :

I should also say if you reject the fixed penalty then the matter will proceed to Court.

Alex Watts :

There is no informal appeal process. The matter would be set down for trial.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you,but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

so the law doesnt put my safety first. Should of let them drag me out of the car and beat me up?

Alex Watts :

Yes but he did not try and do that. He banged on the window. You didnt not say he had a weapon, he did not follow you.

Alex Watts :

What you have said, whilst very unpleasant I do not think is enough for a defence.

Alex Watts :

By all means if you want to reject the notice you can take it to Court.

Alex Watts :

But I should warn you, if you are found guilty, not only would you get a fine and points, but the Police would also ask for costs of about £400

Customer:

so a bloke tries to open my door, bangs on my window shouts abuse and I not entitled to prtect myselfby speeding off.

Alex Watts :

For a limited distance.

Alex Watts :

He was not following you.

Alex Watts :

You could have driven to 50mph and ONLY then speeded up if he was following you

Alex Watts :

You said he was not following you.

Alex Watts :

Therefore at 50mph there will be some distance over a short time

Customer:

panicking for my protection is not enough. My car could accelerate to far more than 59 mph over 200 yards but realised i would lose him just by pulling away quickly and with other traffic about he couldnt catch me

Alex Watts :

You can dispute the fixed penalty but it WILL go to Court.

Alex Watts :

You then risk the Court not finding it was enough for you to speed

Alex Watts :

I am highlighting the questions and difficulties you need to overcome

Alex Watts :

And of course I have a responsibility to highlight these and the financial penalty if you lose

Alex Watts :

You would have to represent yourself as you WONT get legal aid for this

Customer:

thanks, ***** ***** you quite understood as seems you think I was doing 50 !!! you were half there is there a button to hit to give you half the fee

Alex Watts :

I have no idea, I havent designed the system.

Alex Watts :

I understand that you went from 0 to 59 just before it turned 70mph

Alex Watts :

There used to be a law which said you have 0.2 miles leeway, but that went sadly, otherwise you would have been ok

Alex Watts :

But I have highlighted the risks

Alex Watts :

You need to show your life was in danger

Alex Watts :

That is the requirement

Alex Watts :

A risk of serious injury or harm

Customer:

what about only one 50 mph sign on the left hand side of the dual carriageway

Alex Watts :

Could you see it?

Alex Watts :

Did you know it was a 50?

Customer:

no I thought it was 70, have been going down there for years. Its the main a11, no other speed restriction on road from Mildenhall to M11. ALWAYS PULL ONTO RIGHT HAND LANE AND SIGN ON LEFT HAND

Alex Watts :

If you thought it was a 70mph and it was not signposted adequately then you may have grounds.

Alex Watts :

But again if you reject the fixed penalty it will go to Court and you will be required to attend a trial.

Alex Watts :

The process is the same, but that may be a ground

Customer:

Sounds like I might as well pay for a speeding course but might go to court as a matter of principal as the law should protect me. Are you a member of UKIP?? as unwittingly you have just given them my vote.

Alex Watts :

I am not a member of UKIP

Alex Watts :

I really would take the course to give closure, not have to go to Court and have the stress etc.

Alex Watts :

You could of course become an MP and change the law!

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks for your advice. Just seems our law doesnt protect those who 99.9 % drive within speed limits.

Customer:

Have a good evening

Alex Watts :

I agree, it only takes 1 indiscretion

Alex Watts :

Can I help with anything else today at all?

Customer:

no thanks. If it happens again I will get out of my car and deal with it myself. Just glad my grandaughter or wife wasnt in the car

Alex Watts :

Well I can't advise that of course. If this does answer your question can I ask you to rate my service today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

It was fine , I will just need to cancel the monthly fee. You will get yours.

Customer:

Thanks for the time

Alex Watts :

Thank you. Sadly you need to contact customer services to cancel

Customer:

Kind regards

Alex Watts :

Have a good evening and enjoy the driving course!

Customer:

have you the number as one last question?

Alex Watts :

The number for whom sorry?

Customer:

customer services

Alex Watts :

Sadly I dont, I think you need to email them

Customer:

thanks, ***** ***** you to your next client

Alex Watts :

Happy to help.

Alex Watts :

Have a good evening

Customer:

Dito

Ash and 2 other Law Specialists are ready to help you