Speeding Ticket: Template Letter 1.



[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 (Westerly... Southerly?) _________ direction along the (A31... B2128?) ______ travelling on... or near to the posted Speed Limit.  I noticed in my rear view mirror that there was a large truck catching me up quite quickly.  Once it caught up to me... I soon got the impression that the truck driver was getting very agitated and angry... and he started to tailgate me in a really aggressive manner... 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.  You know that if something goes wrong... and you have to hit the brakes... your car could end up being crushed like a tin can!)

So... as he was so close I slowed down a little... but that just seemed to annoy the driver even more... (perhaps he thought I was being deliberately obstructive?) instead of maintain the same distance... he kept getting closer... then braking harshly... as if he was trying to intimidate me into going faster.  I was looking for a place that I could pull over to the side of the road... but there wasn't anywhere I could just "pull over", without braking... and the truck was so close... I knew there was no chance that he would be able to stop if I braked... even gently.

So... I tried speeding up a bit... but that didn't seem to satisfy him either... basically, we just had the same situation... but now it was even more dangerous because we were both travelling faster.  So, I slowed down again... travelling a little bit under the speed limit.

I decided that the only way out of this situation, was to... open up a bit of a gap between myself and the truck.  I already new that if I accelerated slowly the truck would just accelerate as well.  So I decided to wait until I could see a stretch of open road with no one around... then I would quickly open a gap using the superior acceleration of my car.  That way, I knew if I opened a gap, I would be back in control of the situation... and I would have a number of options...

1. I could safely pull over into any small space and wait for the truck to pass... or... 

2. The gap might just be maintained until out routes parted... (one of us turned off.)  Or...

3. Another vehicle might pull out into the gap so there was a bit of a buffer between myself and this truck.

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.

Unfortunately for me... I happened to come across a speed camera (Radar? Gatso?) 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 extricate myself from the 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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