Simon 69

This takes me back to how SN used to be.

silent running

Yes they would have to prove you were driving carelessly - which they would have no difficulty doing, unfortunately. And those of us who have gone up against the CPS in court for various driving offences will know that the whole system is weighted in favour of police evidence. Not so with real crimes, but driving is a special case where ordinary people can be criminalised and have the full force of the law thrown at them, so that crime 'clear-up' rates can be inflated to meet government targets.

I would also bet good money that if you are pulled for 'undertaking', booked for 'careless driving' and the police pass it to the CPS for a prosecution, they are not going to throw in the towel when they get to court and admit they were being a bit OTT in prosecuting in the first place. They'll just bring out their video footage, show your undertake manouevre, you or your solicitor will argue that the move was justified and safe. Then the CPS solicitor will bring a traffic copper on to testify that the undertake he saw was, in his expert opinion, careless or unsafe as the the other driver could have easily pulled back into the slow lane not expecting anyone to be there undertaking him. The fact that they did not does not lessen the severity of the offence. The magistrates would agree with the CPS and police evidence, you go home with your own costs, CPS costs, a hefty fine guaranteed to be at least three figures, plus some licence busting points and most likely end up with a totting up ban if you're unlucky.

The CPS want EVERY driving offence to be prosecuted to the fullest extent of the law. It pays their bills and meets their targets and the general driving public are easy pickings. Don't imagine there is any leniency in the system. There is not.

ritchie21

Unfortunately this, in my experience, is more true than false but only really in the magistrates courts. You tend to have a better chance in the Crown Court with a jury and where you will have a Barrister defending you who ought to have looked into obtaining expert evidence on your behalf to challenge the police evidence.

I am by the way predominantly a defence Barrister and always (unless it's a blantantly obvious case of dangerous driving) advise my instructing solicitors to obtain an independent experts report. Sometimes they help, sometimes they don't but you have to try.

My late father left the police force over 20 years ago but some of his former colleagues only retired very recently - they have all said how things have changed with CPS policies etc. Previously the police could use their discretion and many 'older' officers still try to do so. But now everything has to go to the CPS for pre-charge advice and this has taken away alot of discretion.

Doesn't mean though that you won't find good representation who will fight your corner for you!

Terminator X

iTrader: (7)

I always check rearview & passenger mirror before pulling in to left hand lane. Doesn't everyone Major difference with me though is that I don't sit in the middle f*cking lane for hours on end

TX.

Terminator X

iTrader: (7)

I've heard that the Police need an independant witness to prove Dangerous Driving ie can't just be the word of the Police & nowt else? True or not?

TX.

ritchie21

No not at all, I've defended many cases where the only witnesses are police officers. Quite often the incidents aren't even caught on video either.

When I give advice, I always try to take into account not only whether or not the officers involved are traffic officers (who do have far more extensive training than bog standard officers) and the experience of the officers.

If the evidence is that of experienced and highly trained officers, then I'm more likely to advise that a jury will accept what they say. But however, if they're young inexperienced beat officers, well I rub my hands at the prospect of cross-examining them they can be so easy to wind up and tend to be the officers who exaggerate!!

explore

you can undertake but your not aloud to pull back into the lane in front of the car you undertook,.