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Author Subject: driving laws query
footah212

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Post #26
m306 wrote:
footah212 wrote:
This happened to a mate of mine where a member of the public stated that he overtook on a blind bend.

He was told to go to his local station.

He stated that he had no recolection of driving in a dangerous fashion.

They had no evidence and so no case.

Admit f*ck all mate you should be fine.

would it be any different though if the person accusing is a cop?


I have always thought that there had to be two of them to prosecute a driving offence but i may be wrong.

Basically your word against his. I have been told never to accept a Caution as i think this goes on your record , not sure about a warning though.

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Posted 18th Jan 2012 at 20:26
brownboy

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Post #27
not sure with them beeing on the own like i said you realy could do with ringing and speaking to a solicitor or even a driving specialist just to cover your own arse mate before you go down
Posted 18th Jan 2012 at 20:26
m306

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Post #28
brownboy wrote:
not sure with them beeing on the own like i said you realy could do with ringing and speaking to a solicitor or even a driving specialist just to cover your own arse mate before you go down

i dont have a solicitor, im only 21 and have never needed any legal advice. in fact ive never been involved with the law ever, im a perfect law abiding citizen... until now Unsure

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Posted 18th Jan 2012 at 20:29
footah212

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Post #29
m306 wrote:
brownboy wrote:
not sure with them beeing on the own like i said you realy could do with ringing and speaking to a solicitor or even a driving specialist just to cover your own arse mate before you go down

i dont have a solicitor, im only 21 and have never needed any legal advice. in fact ive never been involved with the law ever, im a perfect law abiding citizen... until now Unsure


Your parents are bound to know a solicitor of some description, defo worth a phone call.

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Posted 18th Jan 2012 at 20:34
brownboy

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Post #30
google a few in your area and phone them up saying you need some advice ! also goole a motoring specialist in the area and phone them up to,

edit

put it this way a phone call saved me from a driving ban for speeding to a specialist motoring solicitor and also a taking one to the cop shop got me off with driving whilst unfit through drink or drugs so seek legal advice before going !
Posted 18th Jan 2012 at 20:36
m306

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Post #31
footah212 wrote:
m306 wrote:
brownboy wrote:
not sure with them beeing on the own like i said you realy could do with ringing and speaking to a solicitor or even a driving specialist just to cover your own arse mate before you go down

i dont have a solicitor, im only 21 and have never needed any legal advice. in fact ive never been involved with the law ever, im a perfect law abiding citizen... until now Unsure


Your parents are bound to know a solicitor of some description, defo worth a phone call.

read one of my earlier comments, my old mans a c*nt. he wont be any help, his words were "you're in the shit with this and dont think you've got any way out" ... yeah thanks dad, real helpful Thumbs down

so yeah not going to get any help there. but i will do some looking into this.

ps, the b*tching was at my old man not you, your advice is good

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Posted 18th Jan 2012 at 20:41
m306

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Post #32
brownboy wrote:
google a few in your area and phone them up saying you need some advice ! also goole a motoring specialist in the area and phone them up to,

edit

put it this way a phone call saved me from a driving ban for speeding to a specialist motoring solicitor and also a taking one to the cop shop got me off with driving whilst unfit through drink or drugs so seek legal advice before going !

so overtaking 3 while leaving a 30 area with one off duty cop as witness i should be ok with a motoring solicitor.

btw i dont overtake in 30s normally, just that this one is extended for no reason, its basically a b road with hedges both sides, should be 60

edit, and i still cant even remember doing 3, its usually just one

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Posted 18th Jan 2012 at 20:45
dangti6

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Post #33
m306 wrote:

Dan- do you mean karting as in go karting? that sounds like fun.

oh and ive seen the video, i voluntarily went to yeovil fire station to watch it with some guys from work, was a real eye opener


Yeah go karting. Been to it twice now. The video of the burns victim?

I was told to get my aggression out there, not on the road. Some short guy who probably weighed 2 stone wet tried to overtake me at the end of the straight so I cut him up and my ribs practically hit my hip as I was T boned. I got told off.

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  • Posted 18th Jan 2012 at 20:47
    footah212

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    Post #34
    m306 wrote:
    footah212 wrote:
    m306 wrote:
    brownboy wrote:
    not sure with them beeing on the own like i said you realy could do with ringing and speaking to a solicitor or even a driving specialist just to cover your own arse mate before you go down

    i dont have a solicitor, im only 21 and have never needed any legal advice. in fact ive never been involved with the law ever, im a perfect law abiding citizen... until now Unsure


    Your parents are bound to know a solicitor of some description, defo worth a phone call.

    read one of my earlier comments, my old mans a c*nt. he wont be any help, his words were "you're in the shit with this and dont think you've got any way out" ... yeah thanks dad, real helpful Thumbs down

    so yeah not going to get any help there. but i will do some looking into this.

    ps, the b*tching was at my old man not you, your advice is good


    My gut says you'll be ok and they trying to scare you.

    IIrc Dangerous driving is on a par with Driving under the influence .

    If you get done for drink driving they put you in charge you and put you in the cells. They haven't done this with you so hopefully that means they have little or no evidence..

    Hope it works out for you mate.

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    Posted 18th Jan 2012 at 20:50
    bigbadbowen

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    Post #35
    Go to the station and be very polite but accept nothing if they try and send it to the cps it will be laughed out Thumbs up
    Posted 18th Jan 2012 at 20:54
    m306

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    Post #36
    dangti6 wrote:
    m306 wrote:

    Dan- do you mean karting as in go karting? that sounds like fun.

    oh and ive seen the video, i voluntarily went to yeovil fire station to watch it with some guys from work, was a real eye opener


    Yeah go karting. Been to it twice now. The video of the burns victim?

    I was told to get my aggression out there, not on the road. Some short guy who probably weighed 2 stone wet tried to overtake me at the end of the straight so I cut him up and my ribs practically hit my hip as I was T boned. I got told off.

    oh no the video ive seen is real crashes told by the people involved with actual pics and videos. for example, the guy who caused it tells of his guilt, the girl who died in the passenger seats' parents talk of their pain, the innocent young mother in the other car shows how she is crippled for life... that sort of thing. and we seen what its like for the firemen having to pull the bodies from the wrecks. its something everyone should watch. really makes you think twice about driving like a tit.

    i like the idea of go karting, i wonder if i should suggest it? Big grin

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    Posted 18th Jan 2012 at 20:56
    footah212

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    Post #37
    bigbadbowen wrote:
    Go to the station and be very polite but accept nothing if they try and send it to the cps it will be laughed out Thumbs up

    +1Thumbs up

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    Posted 18th Jan 2012 at 20:56
    m306

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    Post #38
    footah212 wrote:
    m306 wrote:
    footah212 wrote:
    m306 wrote:
    brownboy wrote:
    not sure with them beeing on the own like i said you realy could do with ringing and speaking to a solicitor or even a driving specialist just to cover your own arse mate before you go down

    i dont have a solicitor, im only 21 and have never needed any legal advice. in fact ive never been involved with the law ever, im a perfect law abiding citizen... until now Unsure


    Your parents are bound to know a solicitor of some description, defo worth a phone call.

    read one of my earlier comments, my old mans a c*nt. he wont be any help, his words were "you're in the shit with this and dont think you've got any way out" ... yeah thanks dad, real helpful Thumbs down

    so yeah not going to get any help there. but i will do some looking into this.

    ps, the b*tching was at my old man not you, your advice is good


    My gut says you'll be ok and they trying to scare you.

    IIrc Dangerous driving is on a par with Driving under the influence .

    If you get done for drink driving they put you in charge you and put you in the cells. They haven't done this with you so hopefully that means they have little or no evidence..

    Hope it works out for you mate.

    it can result in a years ban and even a few years in jail, or is that just for death by dangerous driving?

    surely if i didnt cause anyone to take evasive action then it wasnt that dangerous?

    oh and it is worrying me, ive worked hard to save up and ive held back alot with my driving and my life in the hope that this year i can finally get my '6 in fast road/track setup and sc'd. any convictions could ruin that Sad

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    Posted 18th Jan 2012 at 21:03
    stu8v

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    Post #39
    The truth is they know where you live, let them come knocking again.

    Dont go to the station.

    Deny everything.
    Posted 18th Jan 2012 at 21:06
    m306

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    Post #40
    can i fight this at any point? like for example if they baffle me with a load of legal stuff and give me points or a warning or anything for this, can i then contest it with legal help after? or do i have to contest it beforehand?

    i ask because i agree legal help is the best thing to get but i dont want to go in threatening legal action against them if they only plan to give me a telling off

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    Posted 18th Jan 2012 at 21:13
    maddriver9

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    Post #41
    dont even open your mouth with out a solisiter, they will try and trick you to addmiting it.

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    Posted 18th Jan 2012 at 21:15
    tvrfan007

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    Post #42
    I had this many years ago, a bolt out of the blue when the police officer called me. (through car registration). I attended the police interview, but only under the provision of a free duty solicitor. Dangerous driving can carry quite the penalty (google it).

    Some foreign tosser tried to queue jump an obvious busy lane in Brum by using the wrong lane and trying to jump me at the lights. When he tried it, and i wasn't interested in going out of my way to accommodate him (having been queing for ages) he wouldn't yield and when his lane ran out he mounted the kerb trying to push in.

    Never thought much of it until 4 months later (it can be up to 6 months) I got a call and had to go to the police station to have an interview, where the statement of lies of the other party was read out like a childrens fairytale. It was utter tripe, and the solicitor even said so when the copper stepped out the room. I had a google maps screenshot of where the whole scenario panned out and explained to the copper exactly how he was in the wrong. Thankfully it went away.

    In my case it was 50:50 as there were no witnesses, but because it was reported as dangerous driving the police officer had to discuss with me. In your case you were seen by an off-duty police officer, and it is their duty to report things like that even whilst off duty, so it's not necessarily doom and gloom though it bodes unwell for you he saw it. If required you can either feign ignorance, which is not likely to get you anywhere, or you can try to explain your way out of it. Also, if someone else is insured to drive your car it might not have been you.

    I was advised by a solicitor friend when i went to be very careful about how you explain things, to avoid misinterpretation - such as giving reasons as to why i could not accommodate the other driver, i.e. traffic all around me so was not safe to rather than "i stuck two fingers up and him and deliberately ran him off the road" or something like that.

    In your case, you could either comment that the person in front braked heavily for a badger or fox or similar (common here) and you instinctively overtook to avoid a shunt. By chance did the road markings used to be different and have recently been updated to eradicate a previous overtaking spot? Two of my favourite places have been re-marked on the A43 now. If you were overtaking 3 that's highly unlikely though.

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    Posted 18th Jan 2012 at 21:17
    m306

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    Post #43
    maddriver9 wrote:
    dont even open your mouth with out a solisiter, they will try and trick you to addmiting it.

    i cant admit what i dont remember, it was over a week ago, i cant say for definite if that happened or not. its likely that it did but im not admitting it as a definite yes

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    Posted 18th Jan 2012 at 21:20
    mik

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    Post #44
    maddriver9 wrote:
    dont even open your mouth with out a solisiter, they will try and trick you to addmiting it.


    My advice is don't accept advice from someone who can't spell sellic- sollic- cillisit- lawyer and has more than 2 or more spelling mussteaks in the same sentens.

    Seriously though, I think it a little unlikely - but not totally impossible - that they are actually going to do you for it, more a case of a cop seeing a young bloke in a fast car do something a bit flash (in his opinion) for the public highway and wants to give you a little "guidance". I bet the off-duty copper is an older coot, at least 40.

    My experience is that (as I'm sure you know already) the best thing to do is be conciliatory and polite throughout, and stick to the line as you stated that you are not aware that did anything dangerous, and can't remember the incident to which they were referring, but accept the lecture with an appropriately apologetic expression on your face.

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    Posted 18th Jan 2012 at 22:51
    thugpuggin

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    Post #45
    Nah 3 and a bus and all good

    Plea bargin, if you can't remember accept a lesser charge of due care and attention. Haggle for your ass.

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    Posted 18th Jan 2012 at 23:00
    rikky 🦔

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    Post #46
    f*ck me stuff like this reassures me I've got off with murder in the past LOL

    patrol car chased me in my m3 off the motorway at way over 100 buns per hour and let me off completely

    overtook a line of 6 or 7 cars on a massive A road all backed up behind a tractor - car number 1 behind tractor was unmarked police

    took cops to court over a vascar equipped patrol car chasing me on the wrong side of the road trying to get me for "street racing" Erm? when nothing of the sort happened

    cop saying i pulled out into his path when he wasn't even visible. he was speeding without any lights on and i have him a very funny verbal bashing to his lack of amusement whereby he asked to smell my breath and sent me on my way

    told i was "wearing my fog lights like a fashion accessory" when it was completely foggy and visibility was less than a metre. car searched by 3 officers for drugs and everything at roadside

    they are dipshits sometimes. fight it

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    Posted 18th Jan 2012 at 23:00
    thugpuggin

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    Post #47
    Welcome to Greater Manchester Police Force Area.

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    Posted 18th Jan 2012 at 23:05
    rikky 🦔

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    Post #48
    dad got pulled out of his car by 4 armed police last month for robberies. not even joking; mistaken identity

    they used to terrorise me and follow me all night after i kept taking them to court, they would just tail me all night and not pull me over

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    Posted 18th Jan 2012 at 23:07
    cress87

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    Post #49
    rikky wrote:
    dad got pulled out of his car by 4 armed police last month for robberies. not even joking; mistaken identity

    they used to terrorise me and follow me all night after i kept taking them to court, they would just tail me all night and not pull me over


    Laugh my ass off

    Your life sounds so much better than The Bill.

    Incidentally, I've also been reprimanded for having my fog lights on in quite dense fog. It was f*cking ridiculous but I didn't bother to argue as I gathered he'd probably spend the next hour or two trawling over my car looking for any defects.

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    Posted 18th Jan 2012 at 23:21
    m306

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    Post #50
    mik wrote:
    My experience is that (as I'm sure you know already) the best thing to do is be conciliatory and polite throughout, and stick to the line as you stated that you are not aware that did anything dangerous, and can't remember the incident to which they were referring, but accept the lecture with an appropriately apologetic expression on your face.

    so stick to the truth, that should be easy.

    i really cant see what their argument is? looking through all the legal stuff i found a prosecution info sheet featuring this..
    quote:

    Factors indicating higher culpability
    1. Disregarding warnings of others
    2. Evidence of alcohol or drugs
    3. Carrying out other tasks while driving
    4. Carrying passengers or heavy load
    5. Tiredness
    6. Aggressive driving, such as driving much too close to vehicle in front, racing, inappropriate attempts to overtake, or cutting in after overtaking
    7. Driving when knowingly suffering from a medical condition which significantly impairs the offender’s driving skills
    8. Driving a poorly maintained or dangerously loaded vehicle, especially where motivated by commercial concerns

    Factors indicating greater degree of harm
    1. Injury to others
    2. Damage to other vehicles or property


    and my response to all of the above is... no.

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    Posted 18th Jan 2012 at 23:30

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