Nicked by Off Duty Bib
Discussion
(sorry for the long post) Friday Night, I was heading into the Town Centre coming off the roundabout (admitedly I was in the wrong lane at the roundabout) the first part of the road I was going on to is a very short (few Car Lengths worth of Dual Carriageway - presumably for just such eventualitys) before it merges into 2 way traffic. I tried to merge into a gap in the traffic however the Car behind imeadiately sped up to close the gap (Swine) Leaving me high and dry running out of Lane, I ended up running over the chevrons (there was a queue of cars so I couldn't drop in behind him)Realising that there could be potentially a large accident I dropped down a gear and overtook him and the car in front (there was a space in front of it) When I pulled in I drove over Double white lines.
After I had parked in the car park a chap in a Black Fiesta hopped out and asked if that car was mine (pointing up the car park to where I had parked) Now being an honest sort of chap I said yes and there in lies my down fall. This friendly looking fellow then reveals he is a police officer and would like a word with me about my dodgy overtaking manouver. He pulls a notebook out of his door pocket and asks what hapened (So I tells him on the basis that he obviously must have seen it and I was of the thinking that the driver of the car that closed the gap to the point of almost touching the car in front was driving very dangerously)
He points out that I overtook on Double White Lines and that is a bookable offence. He wrote it all down in his book and called two people in uniform to come and give me a producer. I asked him what exactly is going to happen and he replied that he submits all the details to the CPS and they decide whether to pursue it and if they did it would probably be Driving without Due Care and Attention.
He did seem a decent enough bloke took my number and said he would call me if it looked like they were going to take me to court.
If he is off duty can he still nick me? (he was wearing shorts and a T Shirt) I always thought that Driving without Due Care and Attention was quite a serious thing (the kind of thing that happened to other people) if it does go to Court what am I likely to get for Due Care? Or do you think that he was trying to scare me (it was a silly place to overtake and I wouldn't under normal circumstances try too there) he did tell me not to loose any sleep over it?
After I had parked in the car park a chap in a Black Fiesta hopped out and asked if that car was mine (pointing up the car park to where I had parked) Now being an honest sort of chap I said yes and there in lies my down fall. This friendly looking fellow then reveals he is a police officer and would like a word with me about my dodgy overtaking manouver. He pulls a notebook out of his door pocket and asks what hapened (So I tells him on the basis that he obviously must have seen it and I was of the thinking that the driver of the car that closed the gap to the point of almost touching the car in front was driving very dangerously)
He points out that I overtook on Double White Lines and that is a bookable offence. He wrote it all down in his book and called two people in uniform to come and give me a producer. I asked him what exactly is going to happen and he replied that he submits all the details to the CPS and they decide whether to pursue it and if they did it would probably be Driving without Due Care and Attention.
He did seem a decent enough bloke took my number and said he would call me if it looked like they were going to take me to court. If he is off duty can he still nick me? (he was wearing shorts and a T Shirt) I always thought that Driving without Due Care and Attention was quite a serious thing (the kind of thing that happened to other people) if it does go to Court what am I likely to get for Due Care? Or do you think that he was trying to scare me (it was a silly place to overtake and I wouldn't under normal circumstances try too there) he did tell me not to loose any sleep over it?
Just wondering if he gave you a verbal NOIP for due care/fail to conform to traffic sign(DWL). Apparently not necessary as you were involved in an accident with the Chevron Boards.
I would presume that he will submit a file with those offences listed for consideration by CPS who may just go on the due care alone.
Max for Due care - &2,500 fine, discretionary disq and 3 to 9 points.
Max Traffic sign - &1,000 fine, discretionary disq and 3 points.
In addition don't forget you could get a hefty bill from the Council for reapir/replacement of the Chevron Boards.
DVD
I would presume that he will submit a file with those offences listed for consideration by CPS who may just go on the due care alone.
Max for Due care - &2,500 fine, discretionary disq and 3 to 9 points.
Max Traffic sign - &1,000 fine, discretionary disq and 3 points.
In addition don't forget you could get a hefty bill from the Council for reapir/replacement of the Chevron Boards.
DVD
If anything i think it would be faliure to comply with a traffic sign as DVD suggested as its somewhat easier to prove. If it is that offence or due care and consideration then you should have been given a verbal NOIP but you may still recieve one through the post within 14 days.
Gareth
Gareth
He didn't produce anything other than his Notebook, Although he did radio two Uniforms to check the car with control and give me a producer.
In retrospect neither would I In all honesty I didn't realise that I had gone over Double White lines I was more concerned with I am on the wrong side of the road how can I limit this time as much as possible.
My Account to him went something along the lines of Stupid
forced me out of the queue and forced me to overtake him and the car in front of him. Next time I might be more tempted to say Nah never seen that Car before in my life.
telecat said:
I also suspect I would have not given any details about the incident but let him produce his account first.
In retrospect neither would I In all honesty I didn't realise that I had gone over Double White lines I was more concerned with I am on the wrong side of the road how can I limit this time as much as possible.
My Account to him went something along the lines of Stupid
forced me out of the queue and forced me to overtake him and the car in front of him. Next time I might be more tempted to say Nah never seen that Car before in my life. ^Slider^ said:
or due care and consideration then you should have been given a verbal NOIP
Actually it could have been that I remember him saying about Due Care - Due Care and Consideration isn't one I have heard of before what is the difference?
I got the usual you don't have to say anything bit is that a NOIP?
Incidently it was in Basingstoke on Friday Night (about 7:30) just in case it was anyone on here
andoverben said:
He didn't produce anything other than his Notebook, Although he did radio two Uniforms to check the car with control and give me a producer.
telecat said:
I also suspect I would have not given any details about the incident but let him produce his account first.
In retrospect neither would I In all honesty I didn't realise that I had gone over Double White lines I was more concerned with I am on the wrong side of the road how can I limit this time as much as possible.
My Account to him went something along the lines of Stupid
At the end of the day he did see you commit the offence, but it seems like you had the chance of mittigating it. Had you just denyed all knowledge then he could still have reported you as he witnessed the offence take place.
As for the warrant card... best practice he should have produced the ID, but i think he is only required to show you on request.
Out of curiosity how many questions were you asked in relation to the incident?
Gareth
andoverben said:
or due care and consideration then you should have been given a verbal NOIP
Actually it could have been that I remember him saying about Due Care - Due Care and Consideration isn't one I have heard of before what is the difference?
I got the usual you don't have to say anything bit is that a NOIP?
Incidently it was in Basingstoke on Friday Night (about 7:30) just in case it was anyone on here
All the same offence just different ways of saying it.. A person who drives a mechanically propelled vehicle on a road or other public place without due care and attention or without reasonable consideration for other persons using the road is guilty of an offence.
No the you do not have to say anything is a caution which relates to my previous post. the verbal NOIP should have been... i am reporting you for the consideration of the question of prosicuting you for the offence of........
Gareth
^Slider^ said:
Out of curiosity how many questions were you asked in relation to the incident?
Gareth
There weren't very many he basically said what was your version of events (I told him) once he had written it all down he said is there anything else I would like to add So I said Ummm I am very sorry and I won't do it again? (I meant it slightly tongue in cheek however he did write it down)
I am trying to remember the exact wording used as it all seems to hang on that.
I did ask him wether what he had seen tallied up with what I had said ( He said he felt I was trying to push into a gap that wasn't big enough but other than that it was about right) (He was a couple of cars further back up the queue)
pzero64 said:
As for the warrant card... best practice he should have produced the ID, but i think he is only required to show you on request.
If you requested that he show you his ID and he did not have it on him, could you just walk off without any further comeback?
Errr, well im not sure on this as we always have to carry our cards. I would have suggested that we both went to the station and see what his reply was, if he was legit then he would have said ok. there are other methods of validating ID you can use ie phoning control and getting them to verify his ID.
Hazarding a guess i would say that you could walk off as you had nothing other than his word that he is an officer but as for comebacks i would have come back in uniform to your address where the car registered or i would have had a uniformed patrol deal.
Gareth
andoverben said:
Out of curiosity how many questions were you asked in relation to the incident?
Gareth
I did ask him wether what he had seen tallied up with what I had said ( He said he felt I was trying to push into a gap that wasn't big enough but other than that it was about right) (He was a couple of cars further back up the queue)
From what you have said if you produce your docs then there would be nothing more done as there are some issues that i dont think the cps would like to run with.
Did you sign his pocket book?
Gareth
pzero64 said:
Thank you for response ^Slider^.
I would have done the some as 'andoverben' and just come clean about the incident.
Just seems a bit strange being approached by a guy in shorts and casual shirt with all the nutters that are out there these days.
Thats why i always carry my card with me cos i know what most people would do if someone approached them claiming to be police without id.
Gareth
Signing the book is just to confirm what you said and what he has written down are true. Covers you mainly so you know what he has written down is what you said and visa versa protects us from claims of people sayng "i never said that to the officer"
Chances are nowt will come of it so just sit back and relax, wait for the 14 days to serve the NOIP. Im sure if he was serious then he would have given you a verbal NOIP.
For him to do the file, send it to the CPS and get a reply could take ages and by that time service of a NOIP would be outside of the 14 days. And as he said he was going to prepare a file i would hazzard a guess that nothing will happen.
Dangerous, careless or inconsiderate driving will require service of a NOIP within 14 days unless there was an accident. Had an accident occured then there is no requirement for a NOIP to be served. The same is true for faliure to comply with traffic signs.
Hope that helps
Gareth
Chances are nowt will come of it so just sit back and relax, wait for the 14 days to serve the NOIP. Im sure if he was serious then he would have given you a verbal NOIP.
For him to do the file, send it to the CPS and get a reply could take ages and by that time service of a NOIP would be outside of the 14 days. And as he said he was going to prepare a file i would hazzard a guess that nothing will happen.
Dangerous, careless or inconsiderate driving will require service of a NOIP within 14 days unless there was an accident. Had an accident occured then there is no requirement for a NOIP to be served. The same is true for faliure to comply with traffic signs.
Hope that helps
Gareth
Thank Goodness for that, at least it is only 14 days I have to wait. I went into the police station today to show them the Insurance certificate (it is a company car) and queued up with the usual pleasent people requiring the services of a police station (along with one woman who looked about 60 saying that the police had arrested her 15 yr old Daughter again, and could she have her back pronto as she had left her 10 yr old son wondering wound the Town Centre me thinks it won't be long before the son follows in the family ways!!)
Many thanks for everyones help on here.
Cheers
Ben
me thinks it won't be long before the son follows in the family ways!!) Many thanks for everyones help on here.
Cheers
Ben
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