Failing to stop... even though I stopped

[SG167]

Hi all.

I was doing 50 in a 40 (no excuse, but the road goes 60-40 and I just didn’t slow enough) anyway the police officer was in the central reservation and had a handheld gun. He asked me to stop, but I couldn’t safely do so as was close to him, and pulled into a bus stop about 10m further along. He is now prosecuting me for failing to stop, as well as speed - thing is, I did stop. I just didn’t do an emergency stop in the middle of the road. Is this likely to result in prosecution? If so what can I expect....

[Boosted LS1]

I comment legally but it seems you acted in a responsible and safe manner.

[SG167]

Thank you - the officers suggestion was that because I didn’t stop then, I couldn’t do so and therefore was dangerous, which is untrue

[Jamescrs]

Ultimately IF it's as you say it is you will need to plead guilty to the speeding and not guilty to the fail to stop.

They may just drop the fail to stop or you may have to attend court and I suspect it would be dropped before you enter the court room and you will get the appropriate penalty for the speeding. The downside is that you will probably not be offered a speed awareness course.

Has all this been said at the roadside or have you been issued any paperwork yet?

[SG167]

Thank you for reply - no paperwork just verbal. Said expect a letter and see if it’s a court summons, or straight fine. First points so it’s disappointing

[Jamescrs]

SG167 said:

Thank you for reply - no paperwork just verbal. Said expect a letter and see if it’s a court summons, or straight fine. First points so it’s disappointing

I'd probably wait to see what you get through the post before worrying too much, you may find that in the process it gets changed to just the speeding offence which should entitle you to an awareness course.

Unfortunately because you were stopped on the roadside and given the NIP verbally there and then you will have up to 6 months to wait to see what comes through the post, the 14 day rule won't apply in this case as it does with say a speed camera offence.

[SG167]

Thank you - the chap said expect a letter within 14 days so hoping it’s just that. I’m worried about consequences as it’s such a poor thing to have on your license!

[SG167]

anonymous said:

[redacted]

Literally - I stopped in a bus stop, very close to where the police officer was. Admittedly past him, but close nonetheless. Hence my frustration

[SG167]

I believe he wanted me in a turn in just before the bus stop, it wasn’t far past either way. Bus stop was a car length or so beyond

[PixelpeepS3]

if you couldn't stop in time then maybe you really were moving too fast?

[SG167]

PixelpeepS3 said:

if you couldn't stop in time then maybe you really were moving too fast?

Yeah it’s a 40, I was going 50 I’m not contesting the speed - the officer asked me to stop, I saw this instruction relatively late - but nonetheless to actually stop would require a virtual emergency stop. I merely pulled into a bus stop nearby.

[SG167]

SG167 said:

Yeah it’s a 40, I was going 50 I’m not contesting the speed - the officer asked me to stop, I saw this instruction relatively late - but nonetheless to actually stop would require a virtual emergency stop. I merely pulled into a bus stop nearby.

To add, he was pointing the speed gun and his stop action was very late - it wasn’t like I had significant time.

[PixelpeepS3]

SG167 said:

SG167 said:

Yeah it’s a 40, I was going 50 I’m not contesting the speed - the officer asked me to stop, I saw this instruction relatively late - but nonetheless to actually stop would require a virtual emergency stop. I merely pulled into a bus stop nearby.

To add, he was pointing the speed gun and his stop action was very late - it wasn’t like I had significant time.

if a child had run out in front of you at the same point, would you have been able to stop?

[SG167]

PixelpeepS3 said:

if a child had run out in front of you at the same point, would you have been able to stop?

Oh yes - it want immediately clear the police officer was asking me to stop. I did so in a safe place. If it was a child running out, I would have been able to stop but brakes heavily on a busy road. In this case I didn’t see him command to stop, when I did, stopped in a bus stop just up road. I was not driving dangerously

[SG167]

PixelpeepS3 said:

if a child had run out in front of you at the same point, would you have been able to stop?

I take the point but in this situation it was more that I wasn’t sure he wanted me to stop before it was uncomfortably late.

[okenemem]

let us know how this ends

[agtlaw]

SG167 said:

Hi all.

I was doing 50 in a 40 (no excuse, but the road goes 60-40 and I just didn’t slow enough) anyway the police officer was in the central reservation and had a handheld gun. He asked me to stop, but I couldn’t safely do so as was close to him, and pulled into a bus stop about 10m further along. He is now prosecuting me for failing to stop, as well as speed - thing is, I did stop. I just didn’t do an emergency stop in the middle of the road. Is this likely to result in prosecution? If so what can I expect....

Not likely. If it is pursued then the offence (s.163 RTA 1988) is non-endorsable.

50/40 is a course or a fixed penalty.

[The Mad Monk]

SG167 said:

I believe he wanted me in a turn in just before the bus stop, it wasn’t far past either way. Bus stop was a car length or so beyond

Google Maps Street View?

[paintman]

You stopped & were spoken to.
If you'd just kept on driving into the distance & had to be pursued/visited later then I would agree but assuming we're being told everything it seems a bit extreme to me.

[megaphone]

Don't they give you a piece of paper at the roadside any more?

Edited by megaphone on Thursday 28th May 18:27