richardtheref said:
I work for a solicitor and we deal purely with motoring accidents. We have never lost a case where our client has been established on the main road and someone has pulled out of a side road. There is simply masses of case law to support the person travelling on the main road. Speed is usually irrelevant as it cannot usually be proved, and in any case the judge will normally take the attitude that the speeding vehicle "was there too be seen" and if you have pulled out then you are taking a risk.
We had a case a few years ago when a young girl lost her life when she pulled oout in front of a police vehicle. The police vehicle was responding to a 999 call down a back country lane when the collision occurred. The police vehicle was proved to have been doing over 120mph due to the time of the collision and where & when they had set off. The judge found the young girl to be at fault and the police driver did not receive any caution whatsoever.
The CMW case may open a can of worms in my business.
And I personally hope you can sleep at night...You keep printing the notes mate courtesy of the legal aid system and trying to justify a young,immature prick driving at double the speed limit in a 30mph zone.
"There to be seen??"...That maybe the case however there is no way you can judge speed from a distance with the naked eye..Otherwise the old bill would never have the need the calibrated speed guns. They would just say "Well,I think you were doing 50 in a 30 so heres 3 pts"!!