The Law!!!
#32
thanks for your comments, i wasn't driving in a careless manner. i wasn't lane hogging or swapping lanes. so i'm encouraged by what yous have said. i'll get advice from a solicitor and keep everyone updated. as some of you said i may hear nothing, that would be nice. Thanks Chris.
Chris,
Get a driving offence specialist solicitor mate, that's my only advise to you. I got caught speeding 80 MPH in a 50 MPH zone and to be honest, if I tried defending myself, I would have faired badly. I was undertaking an artic and was stood on the brakes for a few seconds before I came into range of the laser. Good knows how fast I was doing before I realised the van was there. I was on my way to hospital as my misses had a life threatening operation in the morning and they called me in when she came around. I had so much on my mind at the time, but In court that doesn't matter!!
I used a solicitor who details I got from Pepipoo and he represented me on a fix fee. I think it was £250, something like that.
Hope this helps, Phill
#33
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get a good lawyer as they all said. but as far as im aware, unless you have admitted anything, they dont have a speed gun, they dont have video evidence, no independent witnesses, it should be thrown out. stick to your guns. good luck.
#34
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lawyer up
i'll get a specialist lawyer and fight it. a maximum of nine points, i can do without that.
the thing that gets to me is there are a lot of drivers do it all day long. if they do me everybody should get done. when i told my wife she said "i do that there everyday".
the thing that gets to me is there are a lot of drivers do it all day long. if they do me everybody should get done. when i told my wife she said "i do that there everyday".
#36
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chris1scouser.... i, as a rule, try and hang back from undertaking on motorways... but sometimes i do... you get a middle lane hogger, doing 65, nothing on the road, me in the slow lane, i dont see why is hould have to skip 3 lanes over and overtake, only to come back over and go back into the slow lane...
as for roundabouts.. if the person in the right hand lane is indicating, and going too slow, then i too undertake.. but i was always taught by my instructor, thats its acceptable to do it. i can only see it called careless because if the other car wants or decides to swap lanes at the last instance, then a crash could happen. its a tricky one mate, and i cannot give any guidnace as to what you should do.. i can say however, you aint the only one who does it or did it mate.
have a good new year
as for roundabouts.. if the person in the right hand lane is indicating, and going too slow, then i too undertake.. but i was always taught by my instructor, thats its acceptable to do it. i can only see it called careless because if the other car wants or decides to swap lanes at the last instance, then a crash could happen. its a tricky one mate, and i cannot give any guidnace as to what you should do.. i can say however, you aint the only one who does it or did it mate.
have a good new year
#37
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i am from inverneess and know the road it is a nightmare it is round about upon round about
i dont know where you stand but i think you need a lawyer as the police charged me for not having a number plate on the front of the car (it came of when i power washed the car) and cause i have a green border it is illegal
keep us updated
i dont know where you stand but i think you need a lawyer as the police charged me for not having a number plate on the front of the car (it came of when i power washed the car) and cause i have a green border it is illegal
keep us updated
#38
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the law is an *** most of the time
interesting comments re the opinion of the police sadly a few people are wrong a police constable in uniform can form an opinion re traffic offences ie -
"in my opinion the the motovehicle was travelling no slower than x "
this is the wording they use and there must be 2 police officers to form an opinion .
sounds like you were given a hard time re the undertaking .
they highway code does stipulate you can undertake in certain circumstances
this being one of them , decellerating coming towards a roundabout most people know you get a varied approach speed and this is what has happend here
the car you undertook was probably not as confident as you were hence the slow approach speed , this is your defence if it gets to court .
as for speeding and vascar and all that stuff , unfortunately for us a normal panda car can stop and either issue a fixed penalty ticket or if your speed is over 25mph over the limit summonse you to court .( you should be told at the road side if your to be reported for the consideration of the question of the offence of blah blah blah !)
not sure if thats totaly correct but its near enough .
were you cautioned at the road side and did they inform you of the N I P (as above = notification of intended prosecution )
make a note of every thing they said and i think you have a good chance of not even getting summonsed to court .
one thing to ask for if they try and get you for excess speed is a
statement re the callibration of the panda cars spedo , this can be done by a traffic officer at a later time . he would then give a statement to that effect
i doubt they will go for the speed as its a lot harder to prove however if they try to get you for the careless driving on a formed opinion of 2 officers
this is a lot harder to contest in court .
do your home work and plan for a day in court .
hope this helps any questions just fire away , good luck and all the best .
"in my opinion the the motovehicle was travelling no slower than x "
this is the wording they use and there must be 2 police officers to form an opinion .
sounds like you were given a hard time re the undertaking .
they highway code does stipulate you can undertake in certain circumstances
this being one of them , decellerating coming towards a roundabout most people know you get a varied approach speed and this is what has happend here
the car you undertook was probably not as confident as you were hence the slow approach speed , this is your defence if it gets to court .
as for speeding and vascar and all that stuff , unfortunately for us a normal panda car can stop and either issue a fixed penalty ticket or if your speed is over 25mph over the limit summonse you to court .( you should be told at the road side if your to be reported for the consideration of the question of the offence of blah blah blah !)
not sure if thats totaly correct but its near enough .
were you cautioned at the road side and did they inform you of the N I P (as above = notification of intended prosecution )
make a note of every thing they said and i think you have a good chance of not even getting summonsed to court .
one thing to ask for if they try and get you for excess speed is a
statement re the callibration of the panda cars spedo , this can be done by a traffic officer at a later time . he would then give a statement to that effect
i doubt they will go for the speed as its a lot harder to prove however if they try to get you for the careless driving on a formed opinion of 2 officers
this is a lot harder to contest in court .
do your home work and plan for a day in court .
hope this helps any questions just fire away , good luck and all the best .
#40
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bttt
nope just sick of getting a£$% holes victimising me every week so i
learned a bit of the law .just to get me by you understand -
learned a bit of the law .just to get me by you understand -
Last edited by GROWLER_GRRRR; 01 January 2008 at 07:28 PM.
#42
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Carelessness
in my opinion i did nothing carelessley. i never changed lane once i merely passed a car on the inside.
if its up to the coppers to make an educated guess at my actions. they can only say i passed a car on the inside because thats all i done. i may have been over the speed limit but as for driving in a careless manner i certainly was not.
whenever driving i always concentrate very hard. i don't even use the stereo because i feel it distracting. i'm puzzled to why the police even pulled me.
not to worry. car for sale within the next fortnight after its had new droplinks and a service. i'm taking to the feet for a while.
all the best eveyone for 2008.
if its up to the coppers to make an educated guess at my actions. they can only say i passed a car on the inside because thats all i done. i may have been over the speed limit but as for driving in a careless manner i certainly was not.
whenever driving i always concentrate very hard. i don't even use the stereo because i feel it distracting. i'm puzzled to why the police even pulled me.
not to worry. car for sale within the next fortnight after its had new droplinks and a service. i'm taking to the feet for a while.
all the best eveyone for 2008.
#44
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Andy
Happy new year Andy.
drove to Mallaig today nice run empty roads not many round abouts to get me thinking. raining when i got there. it stopped before i departed good run home until Drumnadrochit then the usual heavy rain and go slow round bends and speed up on the straight bits queue of traffic. All the very best Chris.
drove to Mallaig today nice run empty roads not many round abouts to get me thinking. raining when i got there. it stopped before i departed good run home until Drumnadrochit then the usual heavy rain and go slow round bends and speed up on the straight bits queue of traffic. All the very best Chris.
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Happy new year Andy.
drove to Mallaig today nice run empty roads not many round abouts to get me thinking. raining when i got there. it stopped before i departed good run home until Drumnadrochit then the usual heavy rain and go slow round bends and speed up on the straight bits queue of traffic. All the very best Chris.
drove to Mallaig today nice run empty roads not many round abouts to get me thinking. raining when i got there. it stopped before i departed good run home until Drumnadrochit then the usual heavy rain and go slow round bends and speed up on the straight bits queue of traffic. All the very best Chris.
Yes, it's "scoobyweather" in Scotland at the mo !
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I did not think a panda car could pull you over for speeding etc as they dont get there speedo calibrated on a say weekly or monthly thing like the motorway cars do..
Ask to see there speedo calibrated report should tell you when it was last done
Ask to see there speedo calibrated report should tell you when it was last done
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