Glad you are not Police or a Judge. The law states that you 'must' give way to oncoming traffic when exiting a side road. It does not say 'except if you are travelling faster than adjacent traffic' or ' you are going faster than tbe speed limit for the road'. It was the BMW who should be aware of oncoming traffic and wait and take the furthest left lane and not the centre or right hand lane. You need to study the rules of the road and redo your test, as you would be a danger on the road witb your 60% / 40% in such a clear case of dangerous driving, blocking traffic, cutailing and abusing another road driver. Disgraceful.