Failing to stop summons - help
Discussion
This is genuinely a friend's predicament.
He's been summoned for driving on the hard shoulder of a M-way and failing to stop.
He is adamant he was not driving on the hard shoulder. One of the police witness statements says he was in the hard shoulder whilst the 2nd statement states he was in the inside lane when he turned around to look.
The driver was entering the M-way from a service station slip road.
The 2 police men in question were attending an accident scene. Their Landie was behind the 2 stricken cars facing the direction of travel.
The statements continue that one of the police men pointed with his left arm and raised his right arm to signal the driver to stop. The driver continued straight on.
The question: is failure to stop strict liability or is there any mitigation/defence?
The driver reasons that at no time did he think he was being asked to stop. He did see the left arm pointing but not the right arm raised. Visibility was good (as per the statements). However, the overhead gantry said 'accident in hard shoulder' and an artic had just moved into lane 2 leaving lane 1 clear of any trafic around the accident vehicles.
The driver interpreted the police man's signal as a precautionary 'move over to lane 2, we're clearing an accident' type of gesture. In his mind, the artic had done just that and he followed suit and there was also the info from the overhead signage.
What are the likely outcomes?
Any help most appreciated.
ps can anyone point me to the Road Traffic Act and Road Offenders Act online?
He's been summoned for driving on the hard shoulder of a M-way and failing to stop.
He is adamant he was not driving on the hard shoulder. One of the police witness statements says he was in the hard shoulder whilst the 2nd statement states he was in the inside lane when he turned around to look.
The driver was entering the M-way from a service station slip road.
The 2 police men in question were attending an accident scene. Their Landie was behind the 2 stricken cars facing the direction of travel.
The statements continue that one of the police men pointed with his left arm and raised his right arm to signal the driver to stop. The driver continued straight on.
The question: is failure to stop strict liability or is there any mitigation/defence?
The driver reasons that at no time did he think he was being asked to stop. He did see the left arm pointing but not the right arm raised. Visibility was good (as per the statements). However, the overhead gantry said 'accident in hard shoulder' and an artic had just moved into lane 2 leaving lane 1 clear of any trafic around the accident vehicles.
The driver interpreted the police man's signal as a precautionary 'move over to lane 2, we're clearing an accident' type of gesture. In his mind, the artic had done just that and he followed suit and there was also the info from the overhead signage.
What are the likely outcomes?
Any help most appreciated.
ps can anyone point me to the Road Traffic Act and Road Offenders Act online?
He is more concerned about the failure to stop.
The initial NIP was for driving on the hard shoulder but when the summons came through there were 2 of them for the 2 seperate offences above.
The 2 police statements (I read them at the weekend) might be construed as being a bit contradictory and only one of them states the accused was driving in the hard shoulder.
With regards the failure to stop, he insists that had he been aware that he was required and asked to do so then he would have. As it was, the road M-way was busy, there was an accident, an accident was notified on the overhead signs, and the speeds were fast, obviously being a M-way.
I for one believe that it was a genuine misunderstanding or mistake on his part.
If he had driven in the hard shoulder, then he would have known he had due cause to be flagged down by the policeman. But, he believed he had not committed any wrong and genuinely thought the policeman was signalling for him to move ove to give them some space.
The initial NIP was for driving on the hard shoulder but when the summons came through there were 2 of them for the 2 seperate offences above.
The 2 police statements (I read them at the weekend) might be construed as being a bit contradictory and only one of them states the accused was driving in the hard shoulder.
With regards the failure to stop, he insists that had he been aware that he was required and asked to do so then he would have. As it was, the road M-way was busy, there was an accident, an accident was notified on the overhead signs, and the speeds were fast, obviously being a M-way.
I for one believe that it was a genuine misunderstanding or mistake on his part.
If he had driven in the hard shoulder, then he would have known he had due cause to be flagged down by the policeman. But, he believed he had not committed any wrong and genuinely thought the policeman was signalling for him to move ove to give them some space.
Cheers for all replies. Still a bit confused though. Since found this from
www.hmso.gov.uk/acts/acts1988/Ukpga_19880052_en_8.htm#mdiv163
163.—(1) A person driving a motor vehicle on a road must stop the vehicle on being required to do so by a constable in uniform.
(2) A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform.
(3) If a person fails to comply with this section he is guilty of an offence.
Does this imply that it is strict liability.
Could go for the 'I didn't see him' but given the witness statements it wouldn't hold firm (and of course it would be a pack of lies).
He's thinking of pleading guilty by post and taking it on the chin to reduce his costs cos he thinks he's on a bit of a no-hoper. Court date is end of Jan so a little while yet.
www.hmso.gov.uk/acts/acts1988/Ukpga_19880052_en_8.htm#mdiv163
163.—(1) A person driving a motor vehicle on a road must stop the vehicle on being required to do so by a constable in uniform.
(2) A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform.
(3) If a person fails to comply with this section he is guilty of an offence.
Does this imply that it is strict liability.
Could go for the 'I didn't see him' but given the witness statements it wouldn't hold firm (and of course it would be a pack of lies).
He's thinking of pleading guilty by post and taking it on the chin to reduce his costs cos he thinks he's on a bit of a no-hoper. Court date is end of Jan so a little while yet.
Thought I'd finish this one off.
End result was cleared of driving on the hard shoulder (partly because the 2 police statements could not corroborate such an action), but was pinned for failure to stop for the policeman (which seems a bit silly cos he's cleared of any potential wrong-doing which leads to the failure to stop, so there is no reason to stop, plus he didn't interpret the gestures as asking him to stop).
End result was cleared of driving on the hard shoulder (partly because the 2 police statements could not corroborate such an action), but was pinned for failure to stop for the policeman (which seems a bit silly cos he's cleared of any potential wrong-doing which leads to the failure to stop, so there is no reason to stop, plus he didn't interpret the gestures as asking him to stop).
It's not the case that he did not see the policeman or any gesture he was making, but having thought he had done no wrong (and with the police attending an accident scene) he actually thought the gesture was to move into lane 2 to make some room, as the lorry driver immediately in front of him did.
Anyway, fine was £50 plus £100 court costs. Solicitors fees were almost a grand but awaiting a 50% rebate since he was cleared of the charge of driving on the hard shoulder.
Anyway, fine was £50 plus £100 court costs. Solicitors fees were almost a grand but awaiting a 50% rebate since he was cleared of the charge of driving on the hard shoulder.
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