DWDCA and speeding.
Discussion
Got stoped a couple of months ago for DWDCA. Whilst under caution I was told that I would be reported for DWDCA. I got the summons through, but attached was a second offence of speeding.
My question is, I was never told that I was being reported for Speeding, just DWDCA.
As I never got a NIP for speeding, can I now get a court summons for this?
Mr F
My question is, I was never told that I was being reported for Speeding, just DWDCA.
As I never got a NIP for speeding, can I now get a court summons for this?
Mr F
What speed were you when pulled?
But would have thought that the sppeding issue ist in same course of driving und that they'd reflect this as evidence of more serious charge... but perhap you had better ask this question on that pepipoo site which ist a specialist in these matter und can offer some constructive advice as to how to deal when before the beak..
But would have thought that the sppeding issue ist in same course of driving und that they'd reflect this as evidence of more serious charge... but perhap you had better ask this question on that pepipoo site which ist a specialist in these matter und can offer some constructive advice as to how to deal when before the beak..
Dwight VanDriver said:
Circumstances of the incident leading to the"pull" may help us to try and fathom what tack they are going on.
Truth please we are not easily shocked.
And as stated what speed? Follow, Vascar, Handheld?
dvd
leading to the"pull" may help us to try and fathom what tack they are going on.
Followed me for 3 miles or so, 92mph for 700 metres, max speed,
uniformed, in unmarked, not camera or Vascar, calibrated speedo. After the alleged 92 mph, they followed me for an additional 2 miles off the dual carage way onto another. I was stopped at a round about for 1 min or so waiting for traffic to come round and then they just followed me onto the another dual carrage way which was then congested and stoped me.
wheel span from a round about, so they stopped me.
Dwight VanDriver said:
Go and have a session with CAB Solicitor (free) or any other firm that specialises in Road Traffic. Initial reading they are having two bites of the cherry and that is a hell of a way to follow if it was so bad driving.
DVD
Had a phone conversation with a solicitor who deals with most the cases in this area, and they want £300 to represent me. etc and this is for a guilty plea, but to dealy with my mitigating cirs. I also cant get a copy of the full statements till the day of court.
gave me some sound advice, but was very vauge on the double offence, said the CPS can file more than the one offence against me etc within the 6 months if there is evedence. This I didnt get, I was not happy with.
The thing I dont get it that the DWDCA stated the excessive speed, as part of the offence, then they issue a seperate summons for it. what that all about
One NIP can cover several offences. You do not need to be given a seperate NIP for each offence.
A verbal NIP should have been given something like this
" You will be reported for consideration of the question of prosecuting you for Careless driving and for excess speed".
I expect that at court they will offer you a deal.
"Plead to the due care and we will drop the speeding."
That is the way CPS operate. They will however give evidence of your speed to add more weight to the charge of Due Care.
>> Edited by gone on Monday 15th August 18:35
A verbal NIP should have been given something like this
" You will be reported for consideration of the question of prosecuting you for Careless driving and for excess speed".
I expect that at court they will offer you a deal.
"Plead to the due care and we will drop the speeding."
That is the way CPS operate. They will however give evidence of your speed to add more weight to the charge of Due Care.
>> Edited by gone on Monday 15th August 18:35
but i thought the point of taking a scrote to court under a careless/Due care charge was because the mags have a bigger rnage of punishments they can bring.... for example...chap done for doing 140 on the M4 in an NSX last year wound up in the mags court as a careless/DC as he could then be given an appropriate level of kicking not possible if bought as a speeding?
so in this instance surely it must either be seen as an 'innapropriate speed' offence or a 'driving fast and being dangerous' offence...not both?
Is it not possible that the due care is because of wheelspinning...so they therefore CAN take two bites. this seems pretty unfair given circumstances?
so in this instance surely it must either be seen as an 'innapropriate speed' offence or a 'driving fast and being dangerous' offence...not both?
Is it not possible that the due care is because of wheelspinning...so they therefore CAN take two bites. this seems pretty unfair given circumstances?
gone said:
One NIP can cover several offences. You do not need to be given a seperate NIP for each offence.
A verbal NIP should have been given something like this
" You will be reported for consideration of the question of prosecuting you for Careless driving and for excess speed".
I expect that at court they will offer you a deal.
"Plead to the due care and we will drop the speeding."
That is the way CPS operate. They will however give evidence of your speed to add more weight to the charge of Due Care.
>> Edited by gone on Monday 15th August 18:35
I was not, under any circumstances told i was being reported for Excessive speed. The officer had to exit the car to confir with the other office to make sure he was fliiing out the correct paperwork. When he got back in, he cautioned me, and said DWDCA, based your drving today...
gone said:
So the basis of the DWDCA charge is for the wheelspin? But that could easily have happened due to a slip of your right foot.
How many times have I heard that?
Does a foot really slip for two or three seconds before someone realises and corrects the slip?
Of course you are right, gone, but just out of interest... In my car with all the electronics switched on it is possible to get push the car just over the edge of grip and get *some* wheelspin and only realise it because the car isn't responding to your control inputs how you want it to...since this doesn't manifest itself as a great big slide (like it would with the electronics off) it takes some experience of it to work out what is wrong and to get off the loud pedal.
Someone not used to the car might take a few seconds to work it out, I reckon.
In all other cases you are right, of course.
gone said:It it's wet out and the driver is listening to music at a good volume, then yes it is possible to wheelspin without realising it. It's even easier to miss if the car doesn't have LSD.
Does a foot really slip for two or three seconds before someone realises and corrects the slip?
gone said:
So the basis of the DWDCA charge is for the wheelspin? But that could easily have happened due to a slip of your right foot.
How many times have I heard that?
Does a foot really slip for two or three seconds before someone realises and corrects the slip?
See this is what I like... The wheels sliped not wheelspan, for about 1 second max. There had been roadworks there for a week, that had been cleared away two day previous. No rain to clean the road etc.
See how easy it is to paint someone in a bad light when there is no video evidence to back it up.
gone said:
So the basis of the DWDCA charge is for the wheelspin? But that could easily have happened due to a slip of your right foot.
How many times have I heard that?
Does a foot really slip for two or three seconds before someone realises and corrects the slip?
gone
Don't get me wrong, I'm not suggesting he claims this was the case if it wasn't. I'm just saying that it is possible for it to happen. Indeed, it has happened to me but I immediately came off the gas. So minor wheelspin for <1 second.
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