Author Topic: Exceeded 50mph motorway variable speed limit (80mph)  (Read 330 times)

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bxmpl

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Exceeded 50mph motorway variable speed limit (80mph)
« on: February 15, 2025, 10:11:00 am »
Good morning, thank you for any assistance provided and please let me know if any further information/formatting is required.

This occurred between junction 9 and 10 on the M27, a very short distance at 1:10am. To understate, I was driving on an empty motorway in a terrible headspace and I was in autopilot at normal motorway speed when I suddenly saw a flash, I thought I had been done but it didn’t matter at the time. A few days later I received a NIP which on sight of 80mph thought it was a band A, then I saw the variable speed limit of 50mph making it a band C which terrified me and brought up loads of bad feelings. If it was under any other circumstance i would admit complete responsibility however the reason for my journey was escaping from a hotel where I had been exploited, drugged and sexually assaulted, potentially worse in my sleep by a much older person.


This has been reported to the police and is a current case. It is very hard to write this and stay strong but I have no choice as an adult now, I care for my disabled mum and all money pays expenses with lots of debt. I’ve used this forum and it’s helped me with a private parking charge before so I thought it would be a good start before taking out a loan for a lawyer due to the severity and life impact of band C. I’m terrified my license will be taken away and will have dire financial consequences when I shouldn’t have even been on the road at the time. I don’t know if that’s an adequate defence in the eyes of the law but it’s all I’ve got. I didn’t even notice the signs being in such a broken state and it brought the pain back up again. The stretch of motorway is always 70mph I just couldn’t even think properly in that moment.


I’ve had no prior criminal or driving offences before and even a £500 fine for example let alone increased premiums would ruin me even more, I’m currently off work too as just haven’t been the same person since the assault happened and I don’t know if I ever will be again.


Thank you for any assistance or guidance provided. Also I do apologise if this was incorrectly formatted or irrelevant/off topic.

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andy_foster

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Re: Exceeded 50mph motorway variable speed limit (80mph)
« Reply #1 on: February 15, 2025, 11:15:53 am »
In general, 80 in a 50 would be 6 points or a short ban.

Speeding is a strict liability offence, but not an absolute offence (contrary to what some of our resident morons like to crow).

There are 2 elements to "proper" crimes - actus reus (the guilty act) and mens rea (intent). Strict liability offences do not require an intent, but if you were forced to do something (by threat or circumstances outside of your control), the defences of duress or duress of circumstances would negate the guilty act.

You state that you were "escaping" from a hotel, where these things "had" been done to you.
Duress defences are very time dependant - if you are, or believe that you are, in immediate danger, the defences are potentially available. However, once you get to a point where you are clearly no longer in immediate danger, they are not.

You mention having been drugged. If you were not thinking clearly because you were still under the effects of the drugs, that is potentially a defence.

If, at the time, you simply had a lot going on in your mind, then that is not a defence, and may or may not be effective mitigation depending on whether or not a bench would consider you ought to have been driving.

A person reacting to apparent danger is not judged by the standards of what a reasonable person with the benefit of hindsight would calmly determine to be the most appropriate course of action, but what a reasonable person in those circumstances might consider to be reasonable at the time.

I am responsible for the accuracy of the information I post, not your ability to comprehend it.