My young dog had just jumped on me causing me to be unaware of my exact speed. Is this a defence against getting 3 points?
2007-09-26 09:23:06 · 28 answers · asked by stephen m 2 in Politics & Government ➔ Law & Ethics
No - tell them you had a dog loose in the car, and you'll probably get done for driving without due care and attention.
2007-09-26 09:30:41 · answer #1 · answered by Mr Sceptic 7 · 1⤊ 0⤋
the short answer is no, you cannot use this as a defence. The driver is obligated to ensure that all passengers pets or goods are secure and therefor you would be guilty.
Guilty that is, .....if you had committed an offence. I would look deeper into the technicalities of the law if i were you as i am sure that there is a 6 miles per hour grey area that gives the courts the option to not prosecute as your foot cannot be expected to stay at the exact same level at all times. This is basically the arguement that has been used successfully many times before and i think that 4 miles per hour over the limit is extremely argueable, don't you?
cheers
2007-09-26 09:37:25 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Afraid not. It's not likely that you can prove that a) the dog jumped on your lap and b) that its presence on your lap caused you to drive less carefully.
In fact, it might simply be argued that you should have the dog safely restrained when driving a car.
You won't get off with it because, even though it sounds like this was a genuine mistake, there are many people who can and will try to make similar excuses. If you're let off then everyone who came up with an excuse would have to be let off, too. It's zero tolerance, and that's, unfortunately, the only way speed limits can be policed.
2007-09-26 16:14:27 · answer #3 · answered by Phil K 4 · 0⤊ 0⤋
There is a legal defence called automatism. That is when your actions are controlled by something outside your control. Successful examples have been a wasp flying into the car and stinging you, and a sudden violent sneeze. It is very doubtful that your case would be held to be automatism because it was obvious that this could happen with a dog loose in the car.
In an estate car, the dog should have been behind a dog guard. In a saloon, there are harnesses available to attach to the seat belts.
2007-09-26 21:17:28 · answer #4 · answered by Ben Gunn 5 · 0⤊ 0⤋
You are the driver, you're supposed to be in complete control over your car. A dog jumping on you is not a defense because you are the driver & are supposed to control what occurs with & in your car. What if there'd been an accident? The judge, in my opinion, would tell you that there are seat belt attachment for dogs or you could put them in a crate while travelling so this doesn't occur.
I am a dog lover & no, I don't restrain my dog. Your question really made me think of what my responsibilites are.
Good luck!
2007-09-26 09:32:12 · answer #5 · answered by Gypsydayne 6 · 1⤊ 0⤋
In fact if you are exceeding the limit of 30 MPH by any amount then you are breaking the law. In order to allow for a margin of error in speedometers and cameras a small excess is permitted. But it is not mandatory that the penalty cannot be imposed if you are within the limits of that excess. As for the puppy on the front seat which jumped in your lap, you deserve to have the book thrown at you for that one.
2007-09-26 09:49:34 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Unless you have a good lawyer, nothing is a defence against getting points.
Speed cameras are a curse. They don't improve safety (accident & death rates are rising with their introduction), and they give an excuse to take the police off the roads where they might actually do some good by inhibiting selfish and aggressive driving.
Where are the vandals now we need them?
2007-09-26 09:42:46 · answer #7 · answered by Michael B 7 · 0⤊ 0⤋
Hello there, you were over the speed limit . it could have been worse though. While you were playing with your dog whilst driving your car you could have hit a pedestrian man woman or child which even at 34 miles an hour could be fatal.
Suggest you play with your dog in a park or in your house but definitely not in your car. have you ever seen pet screens for cars. they were invented and manufactured just so this type of idiocy would be avoided. no sympathy here.
2007-09-26 09:42:07 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Sounds a little improbable - normal speed above the speed limit is 10% so 3mph plus 1 mph. So they do not normally prosecute until 35MPH in a 30 limit!
Claiming your dog jumped on you might open you to other charges - so I would not even try that one!!
2007-09-26 09:33:30 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You CAN blame it on the dog but I don't think that they will buy it. However, dogs are not really secure in the back these days and it isn't illegal to not put your dog in the boot is it??? Anyway, If they look very closely on the speed camera photo, they can see if the dog jumped on you :)
Gd luck x
2007-09-26 10:19:52 · answer #10 · answered by Sophiiee 3 · 0⤊ 0⤋
for doin 34 in a 30 is it that seriou
have the police actually got in contact with you
i have been flashed for doin 70 in a 40 limit but i never heard from anyone
then i found out that sometmes the camera runs out of film but stills flashes
hopeful your in the same case
its happened to me twice but i never do it again
2007-09-26 09:33:51 · answer #11 · answered by worried 2 · 0⤊ 0⤋