Caught by speed camera doing 60 in a 40

[ST220]

Hi Guys

 

2 nights ago I was flashed by a speed camera doing 60 in a 40.... But I was following an ambulance that was carrying my 20 minute old son who wasn't breathing.

 

My wife had a home birth and delivered on Tuesday evening. However my son was born unresponsive and not breathing and despite the best efforts of 2 midwives failed to respond, so an ambulance was called and both my wife and son were rushed into hospital. As both midwives had to travel in the ambulance, I had to follow in the car. We were going along stanningley bypass in leeds which starts off at the national speed limit, then drops to 60, then 40 just before the end of the bypass. I would say that there is roughly 100 yards between the limit dropping to 40 and the speed camera. It is this camera that flashed me.

 

In my defence I had obeyed the speed limit along the 4+ mile bypass and wasn't flashed by any of the other 3 speed cameras placed along the bypass. It was just when the limit dropped to 40 that I didn't. Obviously I was in an extremely hightened emotional state and was very stressed and anxious for the wellbeing of my wife and son. (Who are both now fine) As it has only been 2 days since the incident I haven't received anything in the post regarding the speeding, but I am in no doubt that I will. So... Given the extremely unique circumstances, do I have a chance of getting off with this, or should I just accept the fine and points?

 

Any advice anyone could give would be appreciated. My wifes midwife has said that she will give me a letter supporting the events of that evening should I wish to challenge the offence.

 

Thanks

ST220

[dx100uk]

pers

i dont think you have anything to 'get off' or 'away' with

 

you should be ok even if you have to attend court

 

best of luck from everyone at CAG..if you need to do anything

be truthful and honest .

 

i fear the worst that your son did not make it? what a shame

 

 

dx

[crem]

I believe there is a defence of "medical emergency" that may well be valid for these circumstances. Also, lots of the speed cameras don't work or record properly (often due to lack of film in them) so until you receive the PCN Iwouldn't worry about it.

[ST220]

pers

i dont think you have anything to 'get off' or 'away' with

 

you should be ok even if you have to attend court

 

best of luck from everyone at CAG..if you need to do anything

be truthful and honest .

 

i fear the worst that your son did not make it? what a shame

 

 

dx

 

Thanks DX

 

My son is now fine. He was breathing in fits and starts as the ambulance arrived at hospital and once the docs cleared all the gunk out of his lungs he was fine. He was monitored for 24 hours and allowed back home yesterday evening. I did mention in the Op that both he and my wife were now fine.

 

For clarity, when I say "get off with this", I meant get away without getting any points. I accept the offence has been commited and don't dispute that. What I should have said was that if I explain the circumstances, would the powers that be take a more lenient approach or is it a case of the offence has been commited regardless of the circumstances and I don't have a leg to stand on? I am 1 year into my 2 year probationary period and could do without any points. The fine I would accept and pay.

[dx100uk]

aw thats great

 

no i mean you have nothing to get 'away' with you did nowt wrong!!

 

as crem knows far better than me, well thinks faster....

 

ofcourse 'medical emergency' will over-rule this if it gets anywhere

 

you'ed think in the voluntary stuff i do, i'd know that....

 

forget about it

 

enjoy the bundle of fun with you.

 

had to do that myself twice now...not nice for the parents.

 

dx

[mightymouse_69]

I know the stretch of road well.

 

You will find that there is no statutory defence to speeding (though some general defences apply.) The facts surrounding your case will be good mitigation though. However, to play devils advocate and highlight something that may be raised:

 

Were you acting in a medical emergency? Your son was being conveyed to the hospital by ambulance and I assume that you were following so that you could attend. The question that would be raised would be this: was it necessary for you to exceed the speed limit? If the ambulance had gone through a red light, would you have followed?

 

Those are not necessarily my opinions, but they are factors that may be considered by the bench.

[crem]

Were you acting in a medical emergency? Your son was being conveyed to the hospital by ambulance and I assume that you were following so that you could attend.

 

No, he wasn't driving the ambulance, so his baby would have got there just as urgently. Of course it was completely unreasonable for the OP to be attempting to get there with the ambulance. After all, there was nothing wrong with him arriving 15 minutes later to the possible outcome of him being told his baby died 5 minutes ago.

[mightymouse_69]

No, he wasn't driving the ambulance, so his baby would have got there just as urgently. Of course it was completely unreasonable for the OP to be attempting to get there with the ambulance. After all, there was nothing wrong with him arriving 15 minutes later to the possible outcome of him being told his baby died 5 minutes ago.

 

I am sure you will appreciate that it is important to look at these things from both sides.

[crem]

of course, but I would be shocked if this wasn't viewed as a medical emergency just because he wasn't driving the vehicle.

 

I am sure many people have been called out to hospitals perhaps when a family member has had an accident or has been in hospital and is expected to pass away that may have gone through a speed camera and I'd like to think this would qualify as mitigating circumstances

[david1605red]

You should go to court and plead guilty due to "duress of circumstances". This was used by Nick Freeman (aka Mr Loophole) on behalf of David Beckham, when he broke the speed limit while being chased by paparrazzi.

 

If the mags accept your statement, and I see no reason why they shouldn't, you would most likely get a Conditional Discharge, effectively a guilty verdict but with no punishment by way of fine or points.

[mightymouse_69]

of course, but I would be shocked if this wasn't viewed as a medical emergency just because he wasn't driving the vehicle.

 

I concur, but I have seen benches make some pretty bizarre decisions

[afcwben]

wont the question be asked why didn't the OP go in the ambulance, maybe the OP could clarify that point?

[disgruntled2007]

He stated in his first post that both midwives were in the ambulance. I suspect there wasn't room with his baby on the stretcher, "mum", a paramedic and two midwives....

[ST220]

I didn't go in the ambulance because there were too many people in the ambulance. Along with the normal 2 man crew there were my wife and son, 2 midwives and the fast response paramedic making 7 people in total. I was asked if I could go in my car by one of the paramedics so I did.

[queensclose]

Wait for the ticket. Then write back explaining the circumstances. If the police had stopped you for speeding they properly would have give you a blue light escort. You'll find it will not go any further.

 

Congratulations on the birth on your son. Something to tell them when their older

[ScarletPimpernel]

When I was an ambulance paramedic we always advised relatives not to follow the ambulance, and not to exceed the speed limit - because both are dangerous, specially when emotions are highly-charged.

 

On the other hand, I would expect that since, in this case, nothing untoward happened, common sense should result in leniency.