Speeding Ticket: Template Letter 3.

[If you do not have a Solicitor but want to contest it in Court... you can have someone sit with you... known as a "McKenzie Friend", (named after a Court case.)  You can confer with them but they cannot address the Court directly.  If you plead "Guilty" then you can only claim "mitigating circumstances", (for example, I was trying to get out of the way of an Ambulance) or "special circumstances", (like, I will lose my job) in the hope that you will receive the minimum punishment rather than the maximum.  If you think you have a chance of getting off... plead "Not Guilty".]

I wish to plead "Not Guilty" Your Worships (in a Magistrates Court) Your Honour (to a Judge in a Crown Court)  I believe that my actions were not unlawful because they meet all the criteria laid out by The Court of Appeal concerning... "duress of circumstances" for this type of offence... let me just quote from... 

Wilkinson's Road Traffic Offences: 21st edition.  Which reports... The Court of Appeal confirmed that such defences were available for offences such as these, but only... "where a defendant had committed an otherwise unlawful act to avoid imminent peril of danger to life or serious injury to himself or some other person for whom he was responsible.  The evil must be directed towards the defendant or some other person for whom he had responsibility and could be identified by reference to the action threatened.  The evil to be prevented must be greater than the evil done... which should be no more than reasonably necessary to avoid the harm feared".

My circumstances were as follows...

I was heading in a (Southerly... North-Westerly?) _________ direction along the (M1... M40?) ______ travelling on... or near to the posted Speed Limit.  When you're travelling at that speed (near the limit) you often find that you become surrounded by other vehicles all travelling along at a similar speed.  On this particular occasion I found myself to be surrounded by large trucks.  But then, the general situation started to deteriorate!  

I was catching up to the truck ahead... but couldn't pull out because one was slowly overtaking me in the next lane.  Then I had another who was catching up from behind... and started to tailgate me.  I fully expected the truck behind to overtake once he had the chance... but he didn't... he just sat on my tail.  It was as if he was trying to intimidate me into going faster... which seemed very strange because I couldn't, as I had another truck just in front of me.  I did slow down a bit... hoping that this truck would go past... but this just seemed to make him angry and he began tailgating me in a really dangerous and aggressive manner... coming, literally within 2 or 3 metres.

(As I'm sure you know... having someone tailgate you like this is not that unusual... actually it happens quite regularly these days... and when it happens with a large truck... it's very scary.  When you suddenly find you have a large truck ahead of you... a large truck tailgating you... and a large truck travelling along next to you... then you really start to panic.  As a car driver... this is one situation that you never want to find yourself in!  You know that if anything goes wrong... and anyone hits the brakes... your car could end up being crushed like a tin can!)

If Relevant.  Now, as if that wasn't bad enough... it was also raining (or, it had been raining) the roads were wet... and all these trucks were kicking up spray which was cutting the visibility down to just a few yards.

In my rear-view mirror I could see there were a lot of trucks behind... many of them slowly catching me up.  Up ahead, I could see there was a large expanse of relatively empty road.  I knew that I really needed to extricate myself from this very dangerous situation.  When I got the chance... I moved out into the second lane... but this was also full of trucks... so I knew I would have to move out into the outside lane to get past them.

In my side mirror I could see there were quite a lot of cars coming up quickly in the outside lane... so I waited for the opportunity to get out into this lane.  Now I knew I would have to exceed the speed limit for a while in order to put some space between myself and these trucks... but once I had opened up a bit of a gap I could settle down near the speed limit... but in a much safer section... with plenty of space around me, (and no spray?)

But... whatever happened from that point on... I knew I would have defused the situation.  I would have got myself out of a potentially deadly situation... and without putting anyone else at risk... and having exceeded the speed limit for no more than was absolutely necessary.

Unfortunately for me... I happened to come across a speed camera (Radar? Laser?) at that very moment.  Now that may seem like a bit of a coincident... but can I just say... I travel many thousands of miles every year... passing hundreds... if not thousands of these machines... and only this one? (only two? only three??) in the past year? (two years? three years?) have found me to be exceeding the speed limit... so it is not a coincidence... it is something which is bound to happen occasionally... especially to people who do a lot of driving.

The bottom line is... I had a life-threatening situation to deal with... and I did what any reasonable person would have done in those circumstances.  I managed to get myself out of a very dangerous situation... without putting anyone else at risk.  While I realise that these rules are open to interpretation... I believe that my actions were fully justified... and well within the general guidelines of this law.  So, on that basis... I do not believe I am guilty of anything.

If Relevant... and True!  If asked whether you mentioned the incident at the time... you might say something like... I did speak to the Police at the time... but I didn't mention the situation.  It seemed fairly obvious to me that their mission was to hand out tickets... not track down dangerous drivers!  They were obviously going to give me a ticket whatever I said... so I didn't think it was worth getting involved in a long discussion over the particular circumstances.

Or... I did try to explain the situation to the officer... but he cut me off, saying something like... "there are no excuses for speeding"... so I stopped trying to explain.

For more Information...

UK Driving Secrets.  Downloadable ebook written by a Traffic Officer with years of on-the-job experience... it gives Legal tips on all aspects of driving... getting stopped... appealing against various tickets... and taking the fight to Court.  [The kind of Information that an ordinary Solicitor probably wouldn't tell you about.]

Beat the Speeding Ticket.  This ebook gives Legal Advice to those who are specifically fighting various kinds of Speeding Tickets... comes with a range of Template Letters.  [ Have a look at their advert... they give a brief outline of everything they cover.]

Drink Driving Facts Kit  Not that we in any condone Drink-Driving... but if you have been breathalyser and you need some legal advice... this is a good place to start.  Why pay a Lawyer to give you information when you can download all the essential facts for a fraction of the price? [Also gives some interesting facts and figures about Drink-Driving.]

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