Driving Offence — Intended Prosecution

[cwhaley]

All sent off now. I’ll see what they come back with now I’ve confirmed it was me who was driving. Scanned and emailed which they’ve confirmed receipt of.

I’d not mentioned it so far on here (in honesty hadn’t noticed it) but the letter refers to “section 3 of the road traffic act”. A quick check of that in the law returns this:

“If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence”.

It looks like they are treating it as something at the ‘lower end’ and not dangerous. No idea what the punishment would be, nor how long I’ll have to wait to find out!

 

[Brigadier]

Wrong tactic IMO, plod will be pis*ed off if they have been given half a story by a vindictive tessla driver.

That's what the footage is for.

Let the tesla driver hang themselves, if that's warranted.

The OP crying back "I decided to act like a tw@t, just like he was" isn't a good look, imho.

 

[cwhaley]

That's what the footage is for.

Let the tesla driver hang themselves, if that's warranted.

The OP crying back "I decided to act like a tw@t, just like he was" isn't a good look, imho.

Hopefully the driver hasn’t trimmed his footage to only show the overtake. Until I get a response I’ll try to forget about it all. Can always phone them if I get a decision against me and ask them to consider whether any footage covers before and after the overtake.

 

[freddiemercurystwin]

As I understand it the police are unable to use dash cam footage that is incomplete so it will include before and after, I daresay it must have happened where people have submitted footage only to find themselves get prosecuted.

 

[conny]

Footage submitted to the police regarding traffic/driving offences has to be the full recorded file, on the original media, (in other words, it can't be edited or transferred onto another device such as a flash drive or removable usb.) If it is, then it will be dismissed as evidence.
Take it from someone who made that mistake and couldn't claim against the offending twerp.

 

[blup]

Footage submitted to the police regarding traffic/driving offences has to be the full recorded file, on the original media, (in other words, it can't be edited or transferred onto another device such as a flash drive or removable usb.) If it is, then it will be dismissed as evidence.
Take it from someone who made that mistake and couldn't claim against the offending twerp.

Remarkable how far we've come on what evidence is acceptable. Pre dash cam it was human memory only in the vast majority of cases. And yet they convict people for murder when no body is found with no forensic evidence.

 

[cwhaley]

Footage submitted to the police regarding traffic/driving offences has to be the full recorded file, on the original media, (in other words, it can't be edited or transferred onto another device such as a flash drive or removable usb.) If it is, then it will be dismissed as evidence.
Take it from someone who made that mistake and couldn't claim against the offending twerp.

Thanks for the insight. If they do submit it whole, it’ll show them speed up to my rear, tailgate for a bit then go for the overtake, then drop back in flick the main beam on and tailgate before dropping back off.

 

[blup]

That's what the footage is for.

Let the tesla driver hang themselves, if that's warranted.

The OP crying back "I decided to act like a tw@t, just like he was" isn't a good look, imho.

It only helps and might make a significant difference to give context to what footage has been provided. The idea is to nip this in the bud now, not to go to court. That said the OP has sent off his reply now.

 

[johnny2007]

Footage submitted to the police regarding traffic/driving offences has to be the full recorded file, on the original media, (in other words, it can't be edited or transferred onto another device such as a flash drive or removable usb.) If it is, then it will be dismissed as evidence.
Take it from someone who made that mistake and couldn't claim against the offending twerp.

Exactly.

 

[Brigadier]

It only helps and might make a significant difference to give context to what footage has been provided

Needs to be carefully worded though.

Otherwise, makes OP look like they're all-too-ready for a confrontation.

 

[cwhaley]

Update…

I’ve been offered an NDORS course. No points and no fine (apart from the ‘cost’ of the course). Bit of a result.

 

[Stivino]

Update…

I’ve been offered an NDORS course. No points and no fine (apart from the ‘cost’ of the course). Bit of a result.

Do you have to pay for it?

 

[freddiemercurystwin]

Of course he does, be about £150. But no points and actually sometimes you do learn summink.

 

[cwhaley]

Do you have to pay for it?

Yes, have to pay the cost of the course. Guessing from a quick search it’ll be around £80 - £100 (haven’t yet logged on to find out).

I’n tempted to ring them cop shop just to ask if they’d reviewed the evidence which would have shown tailgating and inappropriate use of the main beam.

 

[Diver Fred]

Regrettably, I have been served a notice of intended prosecution for blocking an overtake.

I’ll admit I’m in the wrong and I’m prepared to face the consequences, however I’d like to get an idea of what they may be. The letter from the police states driving “dangerously, carelessly or without care and attention”. It does state the matter may not lead to court if it’s deemed by the police not to progress further.

In short a car (with a dash cam) appeared suddenly at my rear, very close. He stayed there and then attempted to overtake. I saw red and moved out to stop it. He then pulled back in and sat very close with his main beam on.

I know, I know, it was wrong. It must be noted that there were no other drivers on the opposing side of the road and that further ahead of us was traffic. The limit for the road was 60mph and I was doing less than that.

Anybody able to put me out my misery and let me know what the worse is? I’m a married father so a little worried and embarrassed. I have a clean license of 16 years.

Having been rammed, 'Rear Ended' in the past I'm very wary of drivers who get close to the back of any vehicle I'm driving (or in). Anyone who gets close causes me to slow down. I'll certainly not help them to overtake and in heavy traffic I leave a greater distance in front of my car than I usually do.

For you, with a clean license, you have a good chance to be offered a driving education day rather than fine and points on your license.