Some advice, pulled for speeding / driving too close.
Discussion
New here an looking for some help.
well... Got pulled over last week, A21 round on to M25... basically speeding round from A21 (probably 85mph) and then too close to the bloke in front on M25. In fairness the traffic all moved over on to the outside lane as the M25 merged so all the cars were too close, everyone moved back in to middle leaving one guy in front of me when the copper pulled out behind me.
He mentioned several phrases (well below standard expected) which would suggest I'll be getting a letter about 'dangerous' rather than 'careless' driving. Which has me slightly worried about a ban.
Should I expecting a letter through the post within the next 14 days? Was not given any paperwork when pulled over, the copper just took my lic details, so is the a verbal NIP?
The Copper also said something like 'you'll get a letter in the post, you'll need to reply guilty, guilty with mitigation, or not guilty in which case we will see you in court'... does this offer any clues as to the possible punishment?
I have a clear lic after 5 years of driving, first time I've been pulled over. How much trouble can I expect?
Also worth note that my Mother is ill and I was on the way to my Nan's house when pulled, I didn't mention this at the time as I felt it would be seen as an excuse, could this be mentioned as mitigation?
Thanks in advance for any replies, I am having a very tough time with my mother's illness and now this, anxious, sleepless, can't eat etc, I'm considering going to the docs.
Cheers, I apologise if this is in the wrong place, would really appreciate if someone could help me move it if so?
well... Got pulled over last week, A21 round on to M25... basically speeding round from A21 (probably 85mph) and then too close to the bloke in front on M25. In fairness the traffic all moved over on to the outside lane as the M25 merged so all the cars were too close, everyone moved back in to middle leaving one guy in front of me when the copper pulled out behind me.
He mentioned several phrases (well below standard expected) which would suggest I'll be getting a letter about 'dangerous' rather than 'careless' driving. Which has me slightly worried about a ban.
Should I expecting a letter through the post within the next 14 days? Was not given any paperwork when pulled over, the copper just took my lic details, so is the a verbal NIP?
The Copper also said something like 'you'll get a letter in the post, you'll need to reply guilty, guilty with mitigation, or not guilty in which case we will see you in court'... does this offer any clues as to the possible punishment?
I have a clear lic after 5 years of driving, first time I've been pulled over. How much trouble can I expect?
Also worth note that my Mother is ill and I was on the way to my Nan's house when pulled, I didn't mention this at the time as I felt it would be seen as an excuse, could this be mentioned as mitigation?
Thanks in advance for any replies, I am having a very tough time with my mother's illness and now this, anxious, sleepless, can't eat etc, I'm considering going to the docs.
Cheers, I apologise if this is in the wrong place, would really appreciate if someone could help me move it if so?
Essentially you are in the sherbert dip.
If convicted of dangerous driving you could get community service and even jail time. At best you end up with a minimum one year ban and a criminal record.
What makes it worse is that if you manage to defeat the dangerous charge in court you can still be convicted of careless driving, so you will almost certainly be charged with dangerous rather than careless in the first place. I have heard of cases where solicitors have persuaded the CPS to charge with careless instead of dangerous in return for a guilty plea. A careless conviction instead gives you a good charge of avoiding a ban and more importantly does not mean a criminal record.
The ONLY reason for pleading guilty to dangerous is if you are certain to get convicted and pleading guilty might encourage the magistrates not to send you to jail.
So as soon as you get the letter contact a solicitor, preferably one who specialises in motoring offences. Best of luck.
If convicted of dangerous driving you could get community service and even jail time. At best you end up with a minimum one year ban and a criminal record.
What makes it worse is that if you manage to defeat the dangerous charge in court you can still be convicted of careless driving, so you will almost certainly be charged with dangerous rather than careless in the first place. I have heard of cases where solicitors have persuaded the CPS to charge with careless instead of dangerous in return for a guilty plea. A careless conviction instead gives you a good charge of avoiding a ban and more importantly does not mean a criminal record.
The ONLY reason for pleading guilty to dangerous is if you are certain to get convicted and pleading guilty might encourage the magistrates not to send you to jail.
So as soon as you get the letter contact a solicitor, preferably one who specialises in motoring offences. Best of luck.
Right I might be barking up the wrong tree here as I know Scottish and English law is different BUT
Were you at any point placed under caution and read your rights?
If not I can't see you receiving anything through the post, but if I was charged with careless OR dangerous driving from what you describe I would be pleading not guilty and getting myself a decent lawyer
Were you at any point placed under caution and read your rights?
If not I can't see you receiving anything through the post, but if I was charged with careless OR dangerous driving from what you describe I would be pleading not guilty and getting myself a decent lawyer
martin mrt said:
Right I might be barking up the wrong tree here as I know Scottish and English law is different BUT
Were you at any point placed under caution and read your rights?
If not I can't see you receiving anything through the post, but if I was charged with careless OR dangerous driving from what you describe I would be pleading not guilty and getting myself a decent lawyer
^^^ This ^^^ While, I am no expert, I happen to be sat with a good friend who works for the Met (not TrafPol) and he just said almost those exact words! Were you at any point placed under caution and read your rights?
If not I can't see you receiving anything through the post, but if I was charged with careless OR dangerous driving from what you describe I would be pleading not guilty and getting myself a decent lawyer
Regardless of whether he is reporting you for consideration of prosecution then you still need to be read your rights, I was in a similar situation as the OP on the M6 in 2008 albeit a lesser offence of being in lane 3 whilst towing a trailer and was placed under caution and then reported for the consideration of prosecution
English Law is an ARSE, it's full of stupid loopholes that end up shafting you one way or another
English Law is an ARSE, it's full of stupid loopholes that end up shafting you one way or another
martin mrt said:
Regardless of whether he is reporting you for consideration of prosecution then you still need to be read your rights, I was in a similar situation as the OP on the M6 in 2008 albeit a lesser offence of being in lane 3 whilst towing a trailer and was placed under caution and then reported for the consideration of prosecution
English Law is an ARSE, it's full of stupid loopholes that end up shafting you one way or another
The caution only really matters for any questions he wishes to ask you in relation to the offence, or anything you say following being reported. English Law is an ARSE, it's full of stupid loopholes that end up shafting you one way or another
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