Off Duty Inspector
Discussion
This morning I overtook a car straddling two lanes of a dual carriage way. I didn’t think I was doing anything wrong as the car was trying to stop me overtaking as there were road works a few hundred yards ahead. However I wanted to get to the road works and then filter into the left hand lane at the point the right hand was cordoned off. Turned out to be an off duty police inspector (Female). She pulled me over and said I had gone over the white line on the right hand side of the road and turned a two lane road into a 3 lane road. She said she was off duty and on her way to work. Briefly flashed a badge at me (For 1second) and didn’t tell me her name or which station she worked from. She said if she was on duty she would have nicked me, then when I suggest I would appeal this as I disagreed with her opinion. She then said she would report me and I would get a summons through the post and read me my rights (the usual ‘What ever you say will be given as evidence’
I thought for a minute she was arresting me.
Can a non traffic off duty officer get me summonsed in this way? I still don’t feel I broke the law and it’s her word against mine (Subjective) that I crossed the line.
I’m not an impatient or discourteous driver and generally try to treat other motorists the way I would like to be treated myself. So I found her whole aggressive manner quite discourteous and am wondering where I now stand. Any expert advice would be much appreciated…
I thought for a minute she was arresting me. Can a non traffic off duty officer get me summonsed in this way? I still don’t feel I broke the law and it’s her word against mine (Subjective) that I crossed the line.
I’m not an impatient or discourteous driver and generally try to treat other motorists the way I would like to be treated myself. So I found her whole aggressive manner quite discourteous and am wondering where I now stand. Any expert advice would be much appreciated…
She flashed her headlights at me for a mile down the motorway. Finally she pulled onto a grass verge as I was waiting to enter a roundabout in her unmarked freelander, which I am now assuming is her own vehicle, honked her horn, held up what I now know to be her badge and screamed at me to pull over. So I drove to a safe spot then she jumped out of her car and went off on one. I had to ask her to calm down as I could not understand what she was saying which really pissed her off. If I’ve done something wrong I’ll hold my hands up and take the criticism. Like everyone here I want to be a better driver. It’s her approach I didn’t like. She called her mobile phone to check my vehicle out and asked me for ID (I showed her my credit card). I thought you had to be a traffic cop to be able to nick motorists. I should have just agreed with her and smiled instead of trying to put across my point of view. I am seriously thinking about chasing this one up as it seems a complete miss use of power…
Road Traffic Act 1988
163.—(1) A person driving a motor vehicle on a road must stop the vehicle on being required to do so by a constable in uniform.
(2) A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform.
(3) If a person fails to comply with this section he is guilty of an offence.
Cannot therefore proceed for any offence of failing to stop unless part uniform and such that there is no doubt constable.
But having stopped -
Careless driving:
This offence is committed when the accused's driving falls below the standard expected of a reasonable, prudent and competent driver in all the circumstances of the case.
The test of whether the standard of driving has fallen below the required standard is objective. It applies both when the manner of driving in question is deliberate and when it occurs as a result of incompetence, inadvertence or inexperience.
Were these actions of a NORMAL competent driver?
Seems verbal NOIP given at the time so can go into reporting mode for consideration by CPS for issue of a summons.
dvd
163.—(1) A person driving a motor vehicle on a road must stop the vehicle on being required to do so by a constable in uniform.
(2) A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform.
(3) If a person fails to comply with this section he is guilty of an offence.
Cannot therefore proceed for any offence of failing to stop unless part uniform and such that there is no doubt constable.
But having stopped -
Careless driving:
This offence is committed when the accused's driving falls below the standard expected of a reasonable, prudent and competent driver in all the circumstances of the case.
The test of whether the standard of driving has fallen below the required standard is objective. It applies both when the manner of driving in question is deliberate and when it occurs as a result of incompetence, inadvertence or inexperience.
Were these actions of a NORMAL competent driver?
Seems verbal NOIP given at the time so can go into reporting mode for consideration by CPS for issue of a summons.
dvd
not sure why you stopped!
Someone behind flashed their lights, 'makes' you pull over, gets out of their car, and comes towards you in a temper?
Not me they wouldn't. I'd have rung the police and reported a road rage incident.
She was on a power trip, and acted out of order in my opinion.
Someone behind flashed their lights, 'makes' you pull over, gets out of their car, and comes towards you in a temper?
Not me they wouldn't. I'd have rung the police and reported a road rage incident.
She was on a power trip, and acted out of order in my opinion.
NOIP = Notice of Intended Prosecution which has to be given verbally at the time or served within 14 days (ignoring the day of the offence) of the commission of the offence of driving without due care and attention otherwise they cannot proceed for this offence.
I refrained from the advice given by H.W which is valid, as experience has taught me in such incidents there is always two sides to a story. Irrespective of the fact that approaching roadworks the car ahead was straddling centre line not good driving in my book to go and barrel on down and thereby make three lanes.
But again such matters should be dealt with in a civil manner.
dvd
I refrained from the advice given by H.W which is valid, as experience has taught me in such incidents there is always two sides to a story. Irrespective of the fact that approaching roadworks the car ahead was straddling centre line not good driving in my book to go and barrel on down and thereby make three lanes.
But again such matters should be dealt with in a civil manner.
dvd
Years ago I was cut up pretty badly on a roundabout at the start of the M602 (regular drivers around there will know how crazy the lanes are). After a bit of horn blowing and gesticulating from me, the driver of the vehicle got out, flashed his badge, and asked me if there was a problem. He point blank refused to accept he was wrong (the lane layout hasn't changed in years and he was completely wrong).
I didn't know much about the law then, but I know a little bit more now. If only....
I didn't know much about the law then, but I know a little bit more now. If only....
Dwight VanDriver said:
(2) A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform.
Incidentally - does this mean a police officer cannot "stop" me if I ride a pushbike on the pavement (as I'm not on a road)?Not that I ever would.
OP - In the short term, I'd ignore it completely, unless you have the reg' number of the Freelander, in which case I'd think about making a complaint.
So, to summarize DVD, you would say that an off duty police inspector is able to pull me over and start the process of issuing a summons for me?
Has anyone here ever gone to court to argue their case..? I am still thinking the whole thing is very wrong and very much my word against an off duty copper.
And yes, I now wish I hadn’t gone barreling past her. In hindsight it was wrong…
Has anyone here ever gone to court to argue their case..? I am still thinking the whole thing is very wrong and very much my word against an off duty copper.
And yes, I now wish I hadn’t gone barreling past her. In hindsight it was wrong…
Its only an alco test in which officers have to be in uniform.
Therefore she can apply for a summons in this situation.
However it is still subject for there being need for one, so, in the point of being able to apply for one, she can, weather it is right to do so or not, is still in question.
Therefore she can apply for a summons in this situation.
However it is still subject for there being need for one, so, in the point of being able to apply for one, she can, weather it is right to do so or not, is still in question.
School boy said:
Its only an alco test in which officers have to be in uniform.
Therefore she can apply for a summons in this situation.
However it is still subject for there being need for one, so, in the point of being able to apply for one, she can, weather it is right to do so or not, is still in question.
But if she's out of uniform (ooer missus) does she have the right to pull you Therefore she can apply for a summons in this situation.
However it is still subject for there being need for one, so, in the point of being able to apply for one, she can, weather it is right to do so or not, is still in question.
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