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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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Road rage incident led me to break the speed limit on a 40

Customer Question

Road rage incident led me to break the speed limit on a***** trying to flee from an angry driver. Over took a convoy of 3 cars travelling below 40 mph on a well lit road at 22:00. Front 2 cars were unmarked BMW 330 police, the angry driver followed me on the overtake and was then the car directly in front of the police.
One police pulled this driver and one other sped past to catch my vehicle, at the point the police caught up to me I was not driving above the speed limit, they pulled me over and used force to remove me from my vehicle and placed me in the back of the police car, then gave road safety advise.
Have now recived a court summons
What evidence of speeding could they have of me?
Do I have a valid mitigating circumstance?
Should I plead guilt to driving speeds "namely 80 mph to 90 mph?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
The evidence that they probably have is that the police officer driving is probably saying that he measured your speed by means of driving behind or along side of you whilst he neither gained or lost you and checked your speed by reference to his own speedometer.
This is not particularly good mitigation I'm afraid. At least, it may be. Its a bit of a double edged sword that I wouldn't put in by choice. It might come out anyway if the officer noted this conduct and then you would have to explain it but I wouldn't start saying that in addition to speeding you were involved in a road rage unless you have to do so.
If you cannot truthfully deny travelling at between 80 - 90 mph then I would quickly plead guilty. If this is still a speeding offence then you should take advantage of their error. If this is a 40 mph zone then they could easily have charged this as dangerous driving.
Sorry if that is bad news.
Can I clarify anything for you?