Done by plod. Help!
Discussion
Right chaps,
Cops came round to see me at my dads gaff last night (cue loads of curtain twitching) and basicly a complaint has been made against me with regards to my driving a week last sunday (the 17th). Appartntly I nearly caused an accident when i overtook someone with a car coming in the opposite direction. meaning that the person I overtook had to swerve off the road to avoid me having a collision with the on-coming car. THIS IS bo***cks by the way, and I honestly did not have a clue what the cops were on about.
I do remeber being on the road in question last Sun and yes I overtook a car with an oncoming car about 300 yards infront of me (plenty of room) and that was that. The car I overtook did flash its lights at me but I had done nothing dangerous and put it down to the driver being old and decrepit.
Anyway the Police advised me to accept a warning as apparently there was sufficient evidence to prosecute (i.e two witnesses in the car I overtook) and to hand in my documents within 7 days.
However, 2 things:
1) I seriously object to this allegation - especially as the driver who complained alleged that my car had a 'very loud exhaust' and that i'd past him at great speed and in a reckless manner. my car is completelly standard btw. and now i've had time to think about it, I would like to reject my acceptance of the warning if i could be confident that there is not enough evidence to prosecute.
2) I discovered last night my MOT expired a wee while ago (could have sworn it was valid til December - same as tax) Doh!
will I be able to back out of my acceptance of the warning and if so will i be let off on the grounds of insufficient evidence and therefore not have to produce my documents?
your thoughts please gents
Cops came round to see me at my dads gaff last night (cue loads of curtain twitching) and basicly a complaint has been made against me with regards to my driving a week last sunday (the 17th). Appartntly I nearly caused an accident when i overtook someone with a car coming in the opposite direction. meaning that the person I overtook had to swerve off the road to avoid me having a collision with the on-coming car. THIS IS bo***cks by the way, and I honestly did not have a clue what the cops were on about.
I do remeber being on the road in question last Sun and yes I overtook a car with an oncoming car about 300 yards infront of me (plenty of room) and that was that. The car I overtook did flash its lights at me but I had done nothing dangerous and put it down to the driver being old and decrepit.
Anyway the Police advised me to accept a warning as apparently there was sufficient evidence to prosecute (i.e two witnesses in the car I overtook) and to hand in my documents within 7 days.
However, 2 things:
1) I seriously object to this allegation - especially as the driver who complained alleged that my car had a 'very loud exhaust' and that i'd past him at great speed and in a reckless manner. my car is completelly standard btw. and now i've had time to think about it, I would like to reject my acceptance of the warning if i could be confident that there is not enough evidence to prosecute.
2) I discovered last night my MOT expired a wee while ago (could have sworn it was valid til December - same as tax) Doh!
will I be able to back out of my acceptance of the warning and if so will i be let off on the grounds of insufficient evidence and therefore not have to produce my documents?
your thoughts please gents
mate...
if they are letting you off with a warning, just accept it - after all, a warning's much better than what could happen if you go to court.. The fact they came to see you with it would suggest at least one witness has some weight with the police...
as for the MoT - erm, get it done ASAP - like today! and cross your fingers they dont look too closely..
if they are letting you off with a warning, just accept it - after all, a warning's much better than what could happen if you go to court.. The fact they came to see you with it would suggest at least one witness has some weight with the police...
as for the MoT - erm, get it done ASAP - like today! and cross your fingers they dont look too closely..
So the car that was overtaken had to take evasive action, not the oncoming vehicle. Presumably you cut in early because of the oncoming car. So driving without reasonable consideration for other persons on the road on your part - offence.
Two winesses against you - not good.
Seriously consider accepting the warning I would advise.
Produce all documents in 7 days as requested.
Re the Test Certificate. If it is only a matter of days out of date then get a current one pronto and produce that and old one and explain. Under a month out of date possible that CPS will NFA but not if it is months out.
dvd
Two winesses against you - not good.
Seriously consider accepting the warning I would advise.
Produce all documents in 7 days as requested.
Re the Test Certificate. If it is only a matter of days out of date then get a current one pronto and produce that and old one and explain. Under a month out of date possible that CPS will NFA but not if it is months out.
dvd
polus said:
1). Yeah some people just cant handle it when they are overtaken.
2). How hard is it to buy tax? Pull yourself together! FFS you can even do it online now! No excuse.
2). How hard is it to buy tax? Pull yourself together! FFS you can even do it online now! No excuse.
Edited by polus on Friday 29th September 14:40
Who said anything about tax? he said his MOT had expired, done that myself
apache said:
polus said:
1). Yeah some people just cant handle it when they are overtaken.
2). How hard is it to buy tax? Pull yourself together! FFS you can even do it online now! No excuse.
2). How hard is it to buy tax? Pull yourself together! FFS you can even do it online now! No excuse.
Edited by polus on Friday 29th September 14:40
Who said anything about tax? he said his MOT had expired, done that myself
yeah, i had the same happen to me last year - You just dont always remember when its due.
Quinny said:
I'd be seriously tempted to thank them for their kind offer of a warning. And then tell em to stick it.
If they've got enough evidence to prosecute they would.
They've got nothing. 2 witnesses saying you drove dangerously does not make a case against you, are these witnesses, experts? did they have special measuring equipment? video?
I've been reported in the past for a non event, involving me overtaking a row of cars on my ZZR,
police came around, and I told them to prosecute me.
Result never heard another thing about it.
If they've got enough evidence to prosecute they would.
They've got nothing. 2 witnesses saying you drove dangerously does not make a case against you, are these witnesses, experts? did they have special measuring equipment? video?
I've been reported in the past for a non event, involving me overtaking a row of cars on my ZZR,
police came around, and I told them to prosecute me.
Result never heard another thing about it.
You'd have been screwed if one of them was off-duty Bib though...not saying that overtaking a row of cars is necessarily bad, espescially on a bike, but acting like that ("screw it, prosecute me"
would be seen as a failure of the oft' used attitude test methinks.Few thoughts here (just mine remember)
Were there two complaints or one ? - I think only the on-coming car ? - How on earth did he get your index number if you were QUOTE "going so fast" ????
Remember if your pride ('cause lets face it that's what it is ) says "Tell them to stuff it" then in theory they have two options...
1 - Dump the job and say to the complainant "Driver says get stuffed and we will not do anything" - That leaves the officer open to complaint from the aggrieved of "Lack of police action" and having been involved in some discipline cases I would avoid them like the plague, why the hell would a police officer want to risk loosing a days pay and getting in trouble for "cuffing" a job ? - ( I live in the real world and I know it happens all the time - I am simply pointing out the options
LOL )
2 - Take a quick statment (takes maybe an hour MAX) and put a file into CPS (another hour) with the note "Driver 2 said get stuffed"
In my opinion mate, not worth the risk...
Your opinion of the overtake was that it was bang on, his was that is wasn't - Without a video replay neither of you will ever know but I would not want a court to make a decisin on it ?
As for the MOT - Get it done NOW if not YESTERDAY and photocopy and get it to the OIC ASAP with a letter (Quicker than it can get through internal post from the front desk when you produce) saying, "Thanks for your advice the other night, small problem, it's all done now but it was a bit out, how should I proceed" and keep your fingers crossed he just says "Best you have a 2nd warning then sir"
Worse case, you get a summons and pay a £30 fine (I am 99% sure it carries no points)
Better than running the gauntlet with a careless driving charge IMHO.
Justin
Were there two complaints or one ? - I think only the on-coming car ? - How on earth did he get your index number if you were QUOTE "going so fast" ????
Remember if your pride ('cause lets face it that's what it is
) says "Tell them to stuff it" then in theory they have two options... 1 - Dump the job and say to the complainant "Driver says get stuffed and we will not do anything" - That leaves the officer open to complaint from the aggrieved of "Lack of police action" and having been involved in some discipline cases I would avoid them like the plague, why the hell would a police officer want to risk loosing a days pay and getting in trouble for "cuffing" a job ? - ( I live in the real world and I know it happens all the time - I am simply pointing out the options
LOL ) 2 - Take a quick statment (takes maybe an hour MAX) and put a file into CPS (another hour) with the note "Driver 2 said get stuffed"
In my opinion mate, not worth the risk...
Your opinion of the overtake was that it was bang on, his was that is wasn't - Without a video replay neither of you will ever know but I would not want a court to make a decisin on it ?
As for the MOT - Get it done NOW if not YESTERDAY and photocopy and get it to the OIC ASAP with a letter (Quicker than it can get through internal post from the front desk when you produce) saying, "Thanks for your advice the other night, small problem, it's all done now but it was a bit out, how should I proceed" and keep your fingers crossed he just says "Best you have a 2nd warning then sir"
Worse case, you get a summons and pay a £30 fine (I am 99% sure it carries no points)
Better than running the gauntlet with a careless driving charge IMHO.
Justin
Rennsport said:
Anyway the Police advised me to accept a warning as apparently there was sufficient evidence to prosecute (i.e two witnesses in the car I overtook) and to hand in my documents within 7 days.
I can't imagine there is any evidence at all, other than the opinion of those in the car you overtook. Is that evidence? Sounds like mere opinion to me.
A few months ago my father witnessed some driving he thought was very dangerous and phoned the police the next day with the reg number, only to be told there was nothing they could do. Four of them witnessed it too.
Did you wind the flasher up by giving them a hand gesture after they flashed? That could have urged them on to report you I guess.
REFUSE the warning, and state that you'll be bringing civil charges against the complainants for libel as you have witnesses who said you overtook correctly and the complainants attempted to block your overtake......
complaint against complaint i.e. file 13!!!
MOT, get it done today.......
complaint against complaint i.e. file 13!!!
MOT, get it done today.......
IMHO Plod has to go through the motions. The complaint probably came across as some 'loud arse chav driver' (i am not saying you are). Plod IMHO did the right thing hoping to tick off 'boy racer' and leave it there. Could have been a lot worse if a speed camera was there. 10 to 1 says if you showed attitude you will get done for no MOT though.
JMGS4 said:
REFUSE the warning, and state that you'll be bringing civil charges against the complainants for libel as you have witnesses who said you overtook correctly and the complainants attempted to block your overtake......
complaint against complaint i.e. file 13!!!
MOT, get it done today.......
complaint against complaint i.e. file 13!!!
MOT, get it done today.......
Why on earth would anyone say that, You are quite clearly a fool to offer advice to a person which is quite clearly a bunch of lies is asking for a huge amount of trouble. (unless you are a criminal defence lawyer then it will come naturally to you!!)
vonhosen said:
apache said:
It bothers me that the Bill made the effort to see this one through, there is absolutely no evidence.
How do you know ?
Disclosure won't have taken place yet.
I would have thought it obvious what bothers Apache and indeed myself Von.
If one is to assume that the CPS wanted to bring a charge of Dangerous or Driving without due care, then the opinions of two ordinary motorists against a third as to the third's standard of driving are in no way suitable as expert opinion: and this is particularly true of overtaking maneouvres.
In Scotland we are cursed every year with driving tourists on single carriageways causing the most appalling jams at wholly inappropriate speeds: grossly selfish, inconsiderate driving.
Frequently I have been flashed by these muppets on overtaking because they consider they have the right to travel at any speed they wish even when it inconveniences literally hundreds of people to do so, and they resent someone actually having the gall to travel quicker than they do.
This kind of individual must never be allowed to give evidence on the opinion of another's driving.
vonhosen said:
apache said:
It bothers me that the Bill made the effort to see this one through, there is absolutely no evidence.
How do you know ?
Disclosure won't have taken place yet.
Because Quinny said "I asked the police if they had any evidence at all of my alledged offence? Their answer was NO, just the opinion of the other road user"
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