Legal Advice Please
Author
Discussion

Cessf

Original Poster:

15 posts

173 months

Thursday 8th September 2022
quotequote all
Hi all, just looking for some advice on something that happened earlier this week. I work for a construction company and was moving machinery between sites but was involved in an accident, long story short police arrived and pinned me for dangerous driving. I've got dashcam showing otherwise but wasn't sure of best course of action. Officer on scene gave me a ticket for 3 points and fine and wasn't willing to even view the footage.

I've gone to local police station to discuss with desk officer and notice they have filed my case as speeding and nothing to do with dangerous driving with the notes mentioning nothing other than excessive speed?

Do I have any way of contesting?

TIA for any replies

kiethton

14,637 posts

209 months

Thursday 8th September 2022
quotequote all
You can plead not guilty and go to court, I’d suggest speaking with AGT on here - was great for me when I was due in court a few years back


Sebring440

3,200 posts

125 months

Thursday 8th September 2022
quotequote all
Cessf said:
Hi all, just looking for some advice on something that happened earlier this week. I work for a construction company and was moving machinery between sites but was involved in an accident, long story short police arrived and pinned me for dangerous driving. I've got dashcam showing otherwise but wasn't sure of best course of action. Officer on scene gave me a ticket for 3 points and fine and wasn't willing to even view the footage.

I've gone to local police station to discuss with desk officer and notice they have filed my case as speeding and nothing to do with dangerous driving with the notes mentioning nothing other than excessive speed?

Do I have any way of contesting?

TIA for any replies
<<<Do I have any way of contesting?>>>

Were you speeding? If so, maybe best not to show the dashcam footage.


Drawweight

3,588 posts

145 months

Thursday 8th September 2022
quotequote all

I’m confused.

How can the officer know you were speeding without any evidence?

Did an eyewitness accuse you of that and has he jumped onto that to charge you?

As in a lot of posts I think we need more.

Cessf

Original Poster:

15 posts

173 months

Thursday 8th September 2022
quotequote all
Sebring440 said:
Cessf said:
Hi all, just looking for some advice on something that happened earlier this week. I work for a construction company and was moving machinery between sites but was involved in an accident, long story short police arrived and pinned me for dangerous driving. I've got dashcam showing otherwise but wasn't sure of best course of action. Officer on scene gave me a ticket for 3 points and fine and wasn't willing to even view the footage.

I've gone to local police station to discuss with desk officer and notice they have filed my case as speeding and nothing to do with dangerous driving with the notes mentioning nothing other than excessive speed?

Do I have any way of contesting?

TIA for any replies
<<<Do I have any way of contesting?>>>

Were you speeding? If so, maybe best not to show the dashcam footage.
I was fully loaded and was well under the limit, whole story is I was coming up a hill with a long bend, there was a broken down car just before the bend, I slowed down even more to make sure the other side of the road was clear and moved out, as I was just about passed a car came round the corner on the my side of the road and glanced my vehicle. I'll add that I was driving an 8 wheel hgv tipper so his car was a write off and my lorry only had damage to front drivers corner. The police deemed that I had overtaken dangerously and wouldn't view the dashcam footage.

Jamescrs

6,357 posts

94 months

Thursday 8th September 2022
quotequote all
I would assume you have some paperwork for this incident such as a ticket of some type which will give you details on how to plead not guilty to the offence?

You are going to have to take the matter to court and plead not guilty if you wish to dispute the incident. You may want to seek professional legal advice first but it won't be resolved by you going to a Police Station to dispute it

SmoothCriminal

5,938 posts

228 months

Thursday 8th September 2022
quotequote all
Cessf said:
Sebring440 said:
Cessf said:
Hi all, just looking for some advice on something that happened earlier this week. I work for a construction company and was moving machinery between sites but was involved in an accident, long story short police arrived and pinned me for dangerous driving. I've got dashcam showing otherwise but wasn't sure of best course of action. Officer on scene gave me a ticket for 3 points and fine and wasn't willing to even view the footage.

I've gone to local police station to discuss with desk officer and notice they have filed my case as speeding and nothing to do with dangerous driving with the notes mentioning nothing other than excessive speed?

Do I have any way of contesting?

TIA for any replies
<<<Do I have any way of contesting?>>>

Were you speeding? If so, maybe best not to show the dashcam footage.
I was fully loaded and was well under the limit, whole story is I was coming up a hill with a long bend, there was a broken down car just before the bend, I slowed down even more to make sure the other side of the road was clear and moved out, as I was just about passed a car came round the corner on the my side of the road and glanced my vehicle. I'll add that I was driving an 8 wheel hgv tipper so his car was a write off and my lorry only had damage to front drivers corner. The police deemed that I had overtaken dangerously and wouldn't view the dashcam footage.
If that's the exact way it went I'd be refusing the fixed penalty

Post the redacted paperwork you got at the scene so the experts on here can advise what exactly you have been given.


anonymous-user

83 months

Thursday 8th September 2022
quotequote all
How have the police assessed speeding if they weren't even there at the time?

If you have video to confirm you weren't, then use it and defend the charge.

paintman

7,860 posts

219 months

Thursday 8th September 2022
quotequote all
I suggest your best course of action is to find solicitor who specialises in motoring matters and discuss the whole incident - including showing them any paperwork you have been given and any camera footage you might have - with them.

Hopefully you will then get proper accurate advice on your next steps.



davek_964

11,224 posts

204 months

Thursday 8th September 2022
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If you overtook a broken down car - don't you have an independent witness?

Wackywoo105

490 posts

119 months

Thursday 8th September 2022
quotequote all
Cessf said:
Hi all, just looking for some advice on something that happened earlier this week. I work for a construction company and was moving machinery between sites but was involved in an accident, long story short police arrived and pinned me for dangerous driving. I've got dashcam showing otherwise but wasn't sure of best course of action. Officer on scene gave me a ticket for 3 points and fine and wasn't willing to even view the footage.

I've gone to local police station to discuss with desk officer and notice they have filed my case as speeding and nothing to do with dangerous driving with the notes mentioning nothing other than excessive speed?

Do I have any way of contesting?

TIA for any replies
3 points and fine sounds more like careless driving. I'm pretty sure dangerous is a mandatory court appearance and ban. You can do a course for careless, but if you have dashcam footage that proves you are innocent then you can have your day in court instead.

kowalski655

15,215 posts

172 months

Thursday 8th September 2022
quotequote all
If its speeding does your lorry have a tachograph that shows otherwise?

LosingGrip

8,844 posts

188 months

Thursday 8th September 2022
quotequote all
Cessf said:
Hi all, just looking for some advice on something that happened earlier this week. I work for a construction company and was moving machinery between sites but was involved in an accident, long story short police arrived and pinned me for dangerous driving. I've got dashcam showing otherwise but wasn't sure of best course of action. Officer on scene gave me a ticket for 3 points and fine and wasn't willing to even view the footage.

I've gone to local police station to discuss with desk officer and notice they have filed my case as speeding and nothing to do with dangerous driving with the notes mentioning nothing other than excessive speed?

Do I have any way of contesting?

TIA for any replies
It will be driving without due care and attention if you were given a ticket at the side of the road not dangerous driving.

You'll get the option when the letter turns up to plead not guilty if you wish. If you haven't heard within a month or two there should be a number of the back of the ticket to ring. They'll be able to say what is happening currently.

vonhosen

40,597 posts

246 months

Thursday 8th September 2022
quotequote all
The advice is get proper legal advice from somebody legally qualified & covered to give it to you.

Nobody here can give you useful quality advice on how to proceed beyond that without seeing the footage or evidence against you.
As others have said it's most likely careless driving (s3 RTA) you are looking at which has a pretty low bar to prove.

Captain_Morgan

1,448 posts

88 months

Friday 9th September 2022
quotequote all
kiethton said:
You can plead not guilty and go to court, I’d suggest speaking with AGT on here - was great for me when I was due in court a few years back
If it were me, this would be my course of action

BertBert

21,235 posts

240 months

Friday 9th September 2022
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If you've got the paperwork that you were given, what does it say?

MikeGTi

2,719 posts

230 months

Friday 9th September 2022
quotequote all
kiethton said:
I’d suggest speaking with AGT on here - was great for me when I was due in court a few years back
This is the best course of action, or a n other motoring solicitor.

The only thing you're likely to get from this threat is opinion and conjecture.

mattyprice4004

1,342 posts

203 months

Friday 9th September 2022
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If you have footage showing them on your side of the road, it won’t take much convincing to get yourself cleared I imagine.

martinbiz

3,694 posts

174 months

Friday 9th September 2022
quotequote all
I think the OP has confused things by saying he's been pinned (whatever that means???) for dangerous driving and in a later post it seems that he has only been given a FP ticket for speeding, it would seem that maybe the dangerous part was just comments made by the officer. Although they were not there at the time (they don't have to be) the Police may have spoken to witness's including the driver you hit who have maintained you were speeding, hence the ticket. OP you need to post a copy of exactly what you have been given. If it is just for speeding and you have proof you were not and footage showing the oncoming vehicle on your side of the road and a Tacho read out showing your speed then to enter a NG plea is the obvious course of action. It is still worth spending a couple of hundred quid and letting an expert like AGT review everything you have and and advise you. If it is all as you say then you could expect it to be dropped before it gets anywhere near a court

Edited by martinbiz on Friday 9th September 10:06

R56Cooper

2,533 posts

252 months

Friday 9th September 2022
quotequote all
Without meaning to be rude, none of what the OP has said makes sense.

If police arrived after the crash how can they have evidence of speeding? They may have said you were being investigated on suspicion of dangerous driving but still unclear why a ticket was being issued.

Either way, you will have opportunity to challenge the allegations but you first need to get the proper facts across.

Suggest you speak to your employer and see whether they can provide access to a suitable lawyer. If not, you need to instruct someone yourself to help get to the bottom of what has gone on.