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Thread: Got stopped for speeding and driving without due care and attention!

  
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    jafo666's Avatar
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    Got stopped for speeding and driving without due care and attention!

    Well i got pulled on monday the 17th at about 10.30ish at night.

    I was at a set of traffic lights and the car infront pulled off and was doing about 15mph in a 30 so i overtook on a slight bend (i could see if there was any oncoming traffic) and then the road goes into a 40mph, so anyway i had a friend with me and he said hes sure he seen blue lights so at the end of the road the police had caught up with me and i stopped, he got out and got me into the back of his car.

    He said i cant let you get away with this you overtook on a blind bend and had no view of the road ahead, well i did because im not stupid enough to do that! I was being nice with him to begin with and hoping he would let me off so then he says i want to show you the road you overtook on, so in the back of his car (he was on his own in a patrol car) he drove the the point where i had overtook and said you were in second gear changing into 3rd and i know your car can do 60 in 2nd i said no i was in first changing into second doing 25 mph.

    Then he said i thought you were trying to get away with the speed you were doing down there, so i said well if you were not even on the same road as me and i was already travelling at a constant speed you are going to have to go faster than the speed limit to catch me up and by not being on the same road as i was and only sitting on a side street how do you know what view of the road ahead i had??

    Anyway then he said you have three options:

    1. Admit you were speeding and driving without due care and attention.

    2. Dont admit it and il take you to court to be dealt with.

    3. Il give you 3 points and a 60 pound fine now.

    So i said number 3, he then got me to drive my car to the police station as he followed me, in the police station he starts writing a statement, and filling out a speeding ticket he asked me to sign it and i said im not signing that because it says request only next to the box!

    So he said thats fine, and starts getting arsey with me, then he asks me to read the statement and sign that i agree with it, the last sentance said "the driver admits he was speeding in a 30mph zone" i said i havnt said i was speeding so im not signing that could you please show me your proof and what were you recording my speed on and he went quiet and i could tell he was starting to get angry! lol

    He then says well im gonna get you taken to court, so i said thats fine, he then interviewed me and asked em loads of questions (which i recorded on my my phone and told him i was which he was nto happy about either) i answered every question with no comment!

    Then he let me go and said i will recieve a court summons, it has been over 14 days which im sure they have to send you a lettor of "intent to prosecture" for them to eb able to take me to court.

    Also he gave me a section 59 on my car, if i do not get done for this can i get it removed??


    Could someone please clarify if i could still get done and taken to court and what to do about the section 59.

    Thanks

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    trenchy's Avatar
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    About the section 59, hope this helps : http://www.glass-uk.org/index.php?op...267&Itemid=492
    Honda Civic Type R

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    idi's Avatar
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    similar things have happend to me in the past. i always used to pick option 2. its happend 3times now and the first one was about a year ago, and not heard form any of em since

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    the 14 days only applies to speeding only, If they are going to pursue the avenuse of dirving without due and attention they have up to 6 months to summons you to court

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    Right, where to start with this one I wonder...

    It sounds as if you probably shouldn't have made the over take where you did. Overtaking on any bend is stupid really. The police officer was most likely annoyed about your manner of driving (perhaps getting fairly close to the car travelling slowly (tailgating), suddenly pulling out, over taking on a bend, accelerating to speed quickly) - if none of those ring true then perhaps you've nothing to worry about in respect with driving without due care. I would be interested to hear what the police officer has seen in this case.

    Options 1/2 weren't really on the table, sounds like the guy wanted to scare you but you were silly enough (or perhaps not, read on) not to take the ticket! Either way having an attitude doesn't help but you mention you were all right earlier in the encounter...

    He's most likely to have contemporaneously interviewed you (i.e. made a written account of what he/you said) and you should have been able to sign a copy of what was said. With this kind of interview you wouldn't be entitled to a solicitor free of charge because you're not under arrest (although I dare say you would be if you didn't cooperate).

    It's usually a bit odd for the officer to do the statement whilst he's with you. When I dish them out (seldom, usually for dicks on their phones), I don't get the offender to sign my statement! I also wouldn't write 'drive admitted speeding' if he didn't and then expect him to sign. Perhaps he was also making a statement in his pocket book? Seems odd but then perhaps that's how they do it in Nottingham.

    The section 59 is basically a warning on you AND your car. It's issued when someone has committed elements of driving without due care/dangerous driving but the issues aren't serious enough to warrant court. It sounds like you probably deserved one (not because of your attitude, but your driving). The warning applies for 6 months... if you get one while driving another car, your car or someone else gets one driving your car then the your car/the car you're driving at the time gets lifted. You then have to produce documents and pay a recovery fee. You will struggle to get the s59 removed because it's a police power rather than a court imposed power. You will need to tell anyone who buys the car from you if it's within six months.

    I'm not sure what evidence the police officer will have of your speeding (did he tell you a speed?) which I dare say is why he was hoping you'd admit to doing over 30 (because otherwise he'd need evidence). Because you didn't admit to speeding I imagen you've been reported for the consideration of prosecution for driving without due care and attention. It will be up for the officer to prepare a file against you (the evidence will be his statement and the contemporaneous interview which may be enough), the CPS will then decide if they want to take you to court. Most likely it will go to court unless it's binned early doors (by the officer's sergeant for example).

    You will receive summons in the next few weeks if you're required to go to court. If you are, don't ignore it! Get onto a good road traffic solicitor, as I've said before they can look at things to through doubt into the case and get it dismissed.

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    Quote Originally Posted by Duff View Post
    the 14 days only applies to speeding only, If they are going to pursue the avenuse of dirving without due and attention they have up to 6 months to summons you to court
    The 14 days thing doesn't apply anyway because he's already by reported by the officer (given a verbal NIP) so now it's 6 months before they cannot take action.

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    bigphilbaby's Avatar
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    never had that but since ive been driving ive been pulled 13 times for mostly routine checks or drink driving(i dnt drink anyway) but im now starting to get a little fed up with it.

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    Ouch dude!

    Ive not got a 59 yet, prob will sometime. They give any boyracer a 53 mate so i wouldnt be bothered about it, but the law changed for us in Nottingham and im sure they can confiscate your car after 2 of them mate.

    Im sure you need to get a letter of prosicution too mate.

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    they have 6 months in which to take you to court

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    A few years back I was stopped doing 80+ on a dual carrageway. The officer just advised me of the speed limit and to keep the speed down. As he had no camera and was alone in the car he couldn't prosecute me for speeding. Hope this helps.

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