What will I get?
Author
Discussion

Ed/L152

Original Poster:

494 posts

266 months

Tuesday 6th July 2004
quotequote all
(First time poster, long time lurker)

Okay, I was a numpty...

On the M3 northbound, I was going 90-odd in lane 3 overtaking a car in lane 2. The road was clear ahead for about 100 yards in lanes 2 and 3 with a few lorries in lane 1. Car in lane 2 pulls out in front of me so now I'm tailgating him all of a sudden :-( I think '****** this' and undertake him. I know I shouldn't have but he had held me up a bit previously and I saw the rage...

Tum-tee-tum, 2 minutes later a police car is following me. Dispite slowing down as discretely as possible and making myself look as small and insignificant as possible he pulls me over...

Sooo, I'm being done for 92.something mph and driving without due care and attention. Hands up, fair cop :-( BiB said not to worry about, you can't do anything about it until the summons, etc. and was generally a nice person. He even recognised that the car had pulled out sharply in front of me.

So, will I be put in irons and breaking rocks for 5 years? Or perhaps something a bit more lenient? The BiB thought I'd get 3 points and a fine, although I'm not sure if he said *at least* 3 points... Might I get 6 points with the WDCAA taken into account? What kind of fine should I expect?

My licence is clean so I guess it doesn't really affected me at the moment, but it's a bit gutting! I'm not the type that thinks I'm the best driver in the world, but I think I'm more considerate and take more care than a lot... I guess I let the rage get to me at the wrong time!

Bah!

Edit: Oh, he asked me if I had anything to say in my defence... wasn't really ready for that one! I said something along the lines, 'Completely out of character, I never tailgate, never undertake...'. It is true, but I was half expecting him to laugh at me! All in all, the BiB was good about it. I think he could see I'm not a 100% numpty...

>>> Edited by Ed/L152 on Tuesday 6th July 15:58

>>> Edited by Ed/L152 on Tuesday 6th July 15:59

Dwight VanDriver

6,583 posts

273 months

Tuesday 6th July 2004
quotequote all
Will all depends what you get the summons for.

Don't be surprised if Dangerous Driving is preferred as what you did falls in line with Trentham v Rowlands 1974, when High Court declared undertake at speed is DD.

Guess your going to have to sweat.

DVD

5ltr-chim

635 posts

286 months

Tuesday 6th July 2004
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Did you undertake or merely overtake to the nearside ?

(undertake is move to the nearside pass and return to previous lane)

supraman2954

3,241 posts

268 months

Tuesday 6th July 2004
quotequote all
5ltr-chim said:
Did you undertake or merely overtake to the nearside ?

(undertake is move to the nearside pass and return to previous lane)



Good point!

DVD - is passing, in lane 1, someone who is in lane 3, considered to be undertaking/DD?

mattd

195 posts

269 months

Tuesday 6th July 2004
quotequote all
sounds like the bib got the wrong person if you where able to overtake him safely then the bib should have pulled over the guy you undertook for driving without due care by being in the wrong lane..if only

If they do try and prosicute you for wdca ask for the vid see what it looks like. might be able to plead not guilty to that and gulity to speeding

Ed/L152

Original Poster:

494 posts

266 months

Wednesday 7th July 2004
quotequote all
It was definately an undertake :-/ I'm pretty sure that I pulled back into lane 3 (as there was traffic about 100 yards ahead that I was catching up with). Proper numpty style :-(

However, I think it was safe as it could be really as there was no other traffic about, apart from a couple lorries in lane 1 (which were obviously not about overtake - ie. spaced well apart). The tailgating was Bad(TM), but the BiB acknowledged that the car in front pulled out sharply close in front of me and that it wasn't entirely fault.

BiB only said that I'd be considered for the speeding and WDCA. Can that rule out DD? From what DVD said, I guess not.

Will I get more than 3 points with the wdca?

TBH, I'm not going to sweat it too bad, there's nothing I can do about it now!

Dwight VanDriver

6,583 posts

273 months

Wednesday 7th July 2004
quotequote all
S2954

The incident reported was lane 3 at speed, onto lane 2 to undertake and did not involve lane 1.

Why the HC deemed it dangerous was partly on speed and also the onus on a vehicle in a lane to return to the lane on the left after overtaking, which may be at the time as someone is going down the left hand side side?

Now what you describe may well be a different kettle of fish and without the imminent danger highlighted above. Also speed is down for the one in lane 1 is it not?.

DVD

Ed/L152

Original Poster:

494 posts

266 months

Monday 27th December 2004
quotequote all
I got 4 points for speeding and a concurrent 3 for the due care. I explained that I was the victim of road rage (not in so many words, of course) which clouded my judgement into making the undertake. I think the magistrate chairlady appreciated the effort I put into my mitigation plea.

Ed

supraman2954

3,241 posts

268 months

Monday 27th December 2004
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You got 4 points for 92 on the M3? And another 3 for undertaking? That's too harsh! You have my sympathy

SJobson

13,830 posts

293 months

Monday 27th December 2004
quotequote all
That's unfortunate - I take it the hearing wasn't today though!

dazren

22,612 posts

290 months

Monday 27th December 2004
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7 points. That stinks.

DAZ

ed/l152

Original Poster:

494 posts

266 months

Monday 27th December 2004
quotequote all
I got 4 points in total - they were added concurrently. I was fairly happy with that (apart from the considerable stress the whole episode added, at a time when I really didn't need it).

Of course, as far as I'm concerned the traf pol pulled over the wrong car - I was a victim of road rage.

supraman2954

3,241 posts

268 months

Monday 27th December 2004
quotequote all
ed/l152 said:
I got 4 points in total - they were added concurrently. I was fairly happy with that (apart from the considerable stress the whole episode added, at a time when I really didn't need it).

Of course, as far as I'm concerned the traf pol pulled over the wrong car - I was a victim of road rage.
My bad, I misunderstood your post. Still a bit harsh though

gone

6,649 posts

292 months

Tuesday 28th December 2004
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ed/l152 said:
I got 4 points in total - they were added concurrently. I was fairly happy with that (apart from the considerable stress the whole episode added, at a time when I really didn't need it).

Of course, as far as I'm concerned the traf pol pulled over the wrong car - I was a victim of road rage.


It sounds like you are a victim of your OWN road rage!

ed/l152

Original Poster:

494 posts

266 months

Tuesday 28th December 2004
quotequote all

me?

gone

6,649 posts

292 months

Tuesday 28th December 2004
quotequote all
ed/l152 said:

me?


We are all capable of it. Some control it better than others