Due Care and Attenton

Author
Discussion

S3Ad

Original Poster:

35 posts

136 months

Thursday 28th August 2014
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Breadvan72 said:
Don't be too gloomy. Look at what happened and its consequences as an opportunity to learn. In the event, no one was injured. Maybe sign up for some advanced driver training. I did when I was a silly yoof (with a car that exceeded my skill level, to make matters worse).
I appreciate it! But it's hard to stay positive with people bounding around prison etc aha.

Partly why I posted on here was to get yourself and agtlaw's thoughts! Read so many times what you've both posted and agreed wholeheartedly. As you say time to learn from it.

scdan4

1,299 posts

160 months

Thursday 28th August 2014
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Breadvan72 said:
You still ended up going the wrong way around a traffic island ............
Dealing with what is, this is your problem.

In my laymans experience - the police have to prove dangerous driving but you have to prove you weren't driving without due care.

And any story will end up with "and that's how I ended up overtaking the wrong side of a traffic island in view of the rozzers"

Hope for a FPN. If that happens bite their arm off. If it does go to court, wear suit and boots, ask someone sensible (like agt) to help you, be contrite. Be pragmatic - you were there, you did it, look for the best case scenario.

---
[DLT confessional]

I got banned. For DWDCA. For 3 months. It taught me a lot. And it was deserved.

[/DLT confessional]

Insurance was surprisingly manageable afterwards (one of those scenarios when the large risk pool works in your favour). I managed to keep working (NB Not keep my job). The world still turned.

Don't worry. smile

Driver101

14,376 posts

121 months

Thursday 28th August 2014
quotequote all
It's hard for us to judge as all we have is your version of events.

It doesn't sound too good from your viewpoint though. I am guessing how other viewed it will make it much worse.

You've fumbled round with nearly at a stop, then changed to 25mph, which although is slow in a 40mph zone, it isn't that bad.

If the overtake was safe and the BMW accelerated "violently", I'm still not sure how you got stuck on the wrong side of the road.

I guess you'll have your day in court to explain.

I think you'd need to be much more straight with your version and convincing in court.

Mave

8,208 posts

215 months

Thursday 28th August 2014
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S3Ad said:
Mave said:
Not trying to stereotype at all based on age or car. But the story laid out I'm afraid leads me to stereotype a bit. My experience of blocked overtakes is either you cane it to get past, or you give up and pull back in. I simply can't picture responding to a blocked overtake by gently accelerating on the wrong side of an island; and if there was minimal clearance when the BMW started to accelerate to 60-70 mph, then I can't see how you would end up in front cruising at 45.
As explained in another post 60-70 was a guesstimate to invoke the sense it caught up quickly
Sorry, but that still doesn't makes sense. If he started in front of you and accelerated hard, whilst you accelerated gently from 25 to 45, then he would have caught you in seconds, and prevented you getting past. If the island was a safe distance when you started the overtake, then by the time you reached it he would have been close to you and doing the same speed as you. So I can how you'd get caught on the wrong side of the road, but I can't see how you'd end up in front.

Red 4

10,744 posts

187 months

Thursday 28th August 2014
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Breadvan72 said:
Red 4 said:
agtlaw said:
Ban reasonably likely if this gets to court. Otherwise, in the range 7-9 points. I'd put this in the 'borderline dangerous driving' category of careless driving offences. Appropriate fine would be starting point level C (150% net weekly).

Ban probably 1-3 months.
Really ?

I've known many people do much worse (injury RTCs involved) and get much less than your prediction.
Well, one of you two is a very experienced and highly regarded lawyer specialising in motoring law, so I think I know which one I'm betting on.
You can bet all you like - unfortunately it is a bit of a lottery, no matter what the sentencing guidelines say.

The last careless driving I dealt with resulted in 6 points and a £600 fine (guilty plea) - that involved vehicle 1 contravening a red traffic signal at an extremely busy junction (the end of a motorway actually) and broadsiding vehicle 2.

Both drivers were taken to hospital with (minor) injuries. Both vehicles were written off.

That was last year.

Still, keep up the back-slapping.

S3Ad

Original Poster:

35 posts

136 months

Thursday 28th August 2014
quotequote all
Thanks for everyone's input. Has been much appreciated, for all posts critical, informational, emotive and motivational. I'll update the thread when I know more.

Thanks again.

j4ckos mate

3,013 posts

170 months

Wednesday 17th September 2014
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Any update on this?

S3Ad

Original Poster:

35 posts

136 months

Friday 19th September 2014
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j4ckos mate said:
Any update on this?
Received a FPN & 3 points offer in the post yesterday.

There's no evidence other than the officers word against mine as he was alone w/o any video equipment and no witnesses.

But its a fair cop, and will accept it! It's certainly made me think twice and drive a lot more conscientiously.

agtlaw

6,712 posts

206 months

Friday 19th September 2014
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Predictable outcome. You wouldn't get 3 points and a £100 fine at court.

Send it back using Royal Mail Signed For®

Eclassy

1,201 posts

122 months

Friday 19th September 2014
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Lucky you!

The Beaver King

6,095 posts

195 months

Friday 19th September 2014
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S3Ad said:
j4ckos mate said:
Any update on this?
Received a FPN & 3 points offer in the post yesterday.

There's no evidence other than the officers word against mine as he was alone w/o any video equipment and no witnesses.

But its a fair cop, and will accept it! It's certainly made me think twice and drive a lot more conscientiously.
That is a decent result from your POV, it could have been worse.

I will say OP, I'm a few years older than you (28) and whenever I am in the TVR, I drive like a saint. You are more likely to get pulled if you are driving a bit lairy in something that stands out (like a bright red, flame spitting, 115db TVR...).

That being said, I've had the TVR for 6 years, done about 15k-20k miles in it and NEVER been pulled over....

Red 4

10,744 posts

187 months

Friday 19th September 2014
quotequote all
Breadvan72 said:
Red 4 said:
agtlaw said:
Ban reasonably likely if this gets to court. Otherwise, in the range 7-9 points. I'd put this in the 'borderline dangerous driving' category of careless driving offences. Appropriate fine would be starting point level C (150% net weekly).

Ban probably 1-3 months.
Really ?

I've known many people do much worse (injury RTCs involved) and get much less than your prediction.
Well, one of you two is a very experienced and highly regarded lawyer specialising in motoring law, so I think I know which one I'm betting on.
Well, you lost that bet BV.

FPN in the post, as per my prediction on page 1 of this thread blah

agtlaw

6,712 posts

206 months

Friday 19th September 2014
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Note the caveat "if this gets to court".

Meoricin

2,880 posts

169 months

Saturday 20th September 2014
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Lawyer arguments ftw.

mph1977

12,467 posts

168 months

Saturday 20th September 2014
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OP has a habit of driving like an utter onanist.

OP did not take the hint previously.

OP has done nothing to address his poor attitude towards driving.

OP is whining like a small child at being caught out again.

OP needs to realise that driving is a privelege and not a right

OP needs to consider waiting for his testes to drop.

Edited by mph1977 on Saturday 20th September 13:43

SK425

1,034 posts

149 months

Saturday 20th September 2014
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mph1977 said:
OP needs to realise that driving is a privelege and not a right
Oh FFS. You were bang on with all of it until that puerile drivel. Boils my proverbial whenever I see someone trot that out. WTF difference does it make that drivers happen to need licences? None. It's completely irrelevant. In a world without licences, driving like an utter onanist would be no more acceptable than it is in this world.

It's a childish comment anyway. It doesn't even mean anything. I have a driving licence therefore I have the right to drive my car.

mph1977

12,467 posts

168 months

Saturday 20th September 2014
quotequote all
SK425 said:
mph1977 said:
OP needs to realise that driving is a privelege and not a right
Oh FFS. You were bang on with all of it until that puerile drivel. Boils my proverbial whenever I see someone trot that out. WTF difference does it make that drivers happen to need licences? None. It's completely irrelevant. In a world without licences, driving like an utter onanist would be no more acceptable than it is in this world.

It's a childish comment anyway. It doesn't even mean anything. I have a driving licence therefore I have the right to drive my car.
Group 1 driving licences have become seen as far more of a right than the licencing required for equivalent deadly weapons.

look at the hoops you have to jump through to get licence for a few kilos of metal that throws a few grams of another metal about

look at the requirements for group 2 licences / racing licences or to drive a group 1 vehicle for work whether as a cabbie or an emergency driver.

ditto for commerical mariner licences and any form of pilot licence ...

it's an attitudinal thing rather than legislative thing .

S3Ad

Original Poster:

35 posts

136 months

Saturday 20th September 2014
quotequote all
mph1977 said:
OP has a habit of driving like an utter onanist.

OP did not take the hint previously.

OP has done nothing to address his poor attitude towards driving.

OP is whining like a small child at being caught out again.

OP needs to realise that driving is a privelege and not a right

OP needs to consider waiting for his testes to drop.

Edited by mph1977 on Saturday 20th September 13:43
Anything can be taken as attitude issues and misconstrude into meaning whatever anyone wants it to, via a wholly text based medium.

And like this, on a fourm its exactly what you've done..... your basing your views on me, how? By reading through your interpretation of my words? Not having all the facts, prejudice and judging off hand comments ?

I think it's time to stop replying on this thread before its viewed as trolling, yes what you’ve said prior makes sense, but now what is it trolling? What value are you adding? Bad day, DM not jumped on the band wagon lambasting me for being the spawn of satan for a traffic violation that i’ve been reprimanded for?

In fact no discount all the questions there, they are rhetorical, i don’t wish to have your reply. Please just bore off, and try pick a keyboard based argument with someone else.

Thanks everyone for their comments on this thread.

Edited by S3Ad on Saturday 20th September 14:55

mph1977

12,467 posts

168 months

Saturday 20th September 2014
quotequote all
S3Ad said:
Anything can be taken as attitude issues and misconstrude into meaning whatever anyone wants it to, via a wholly text based medium.

And like this, on a fourm its exactly what you've done..... your basing your views on me, how? By reading through your interpretation of my words? Not having all the facts, prejudice and judging off hand comments ?

I think it's time to stop replying on this thread before its viewed as trolling, yes what you’ve said prior makes sense, but now what is it trolling? What value are you adding? Bad day, DM not jumped on the band wagon lambasting me for being the spawn of satan for a traffic violation that i’ve been reprimanded for?

In fact no discount all the questions there, they are rhetorical, i don’t wish to have your reply. Please just bore off, and try pick a keyboard based argument with someone else.

Thanks everyone for their comments on this thread.

Edited by S3Ad on Saturday 20th September 14:55
QED with regard to the attitude ...

i'ver met plenty of people like you;

- zipped a few into body bags

- held the hands of some as my colleague# sticks a hosepipe sized tube through their chest wall

- applied cricoid pressure to some others as they got intubated before their CT scan...

- supported the neck of a few as my colleague puts the bolts into their head to hold the Halo that will support their broken neck for the next however many weeks before hte long slow process of rehab vcan begin

- had to stick my fingers in various orifices of those above because their life changing injuries means they can no long actually manage to have a st of their own accord.



S3Ad

Original Poster:

35 posts

136 months

Saturday 20th September 2014
quotequote all
mph1977 said:
QED with regard to the attitude ...

i'ver met plenty of people like you;

- zipped a few into body bags

- held the hands of some as my colleague# sticks a hosepipe sized tube through their chest wall

- applied cricoid pressure to some others as they got intubated before their CT scan...

- supported the neck of a few as my colleague puts the bolts into their head to hold the Halo that will support their broken neck for the next however many weeks before hte long slow process of rehab vcan begin

- had to stick my fingers in various orifices of those above because their life changing injuries means they can no long actually manage to have a st of their own accord.
I don't know quite what has been demonstrated by reading a few comments. Enough to accurately determine someones way of being from a highly subjective post?

I also don't quite know what you've gone through or done, or in fact do, in your life has any relevance. I can generalise you the same but I don't, you can have an opinion on the facts. But can not generalise someone you've never met, spoke or interacted with, over something as time specific and low on detail as this.

Sorry but, if your game is some form self-righteous intimidation on a forum, you've gone for the wrong person.

I respect your comments, just not the personal attacks, and if I'm honest I'd prefer if it you would cease them.