Got pulled - need some advice

[GrahamU 5]

So, driving at 10 last night on my way to pick my son up, the car in front was driving between 20 and 30mph, after 3-4 miles I had had enough, so at a convenient spot I passed him and continued my journey at 30mph.

 

Before I went passed I made sure the cyclist coming the other way was well clear, there was no cars coming in the opposite direction, there were no cars in front, no pedestrians or cyclists, no turnings for cars to pull out from, the road was well lit, no solid white line, there was a grave yard to the right and a grass verge then a small lane before some houses set back from the lane. I had even considered the roundabout at the end of the road and that I could get passed the car, pull in and brake for the roundabout without causing any inconvenience to the other driver.

 

The only other car on the road was a pair of headlights in the distance behind me which turned out to be a police car.

 

So a short distance after I had gone round the round about a car flys up behind me and sits close to my bumper, my first thought was it was the guy I had passed wanted to challenge my Golf R but I stuck to the limit, at the next set of lights I could see the POLICE on the bonnet. Shortly after he pulled me.

 

After explaining that he had pulled me for overtaking he said 'your only saving grace was you continued at the correct speed' at which point I thought I'd got away with it.

 

He then um'd and er'd and said he wasnt sure what to do about it, then said if the car I passed and which he also passed made a complaint and he had not done anything it would not look good so he gave me a ticket for 'driving without reasonable consideration for others'

 

Personally, I dont see what I did as un reasonable or would cause the other driver to complain, but for him to catch me in the time he did he must of flown passed to other car with no blues and twos and must have cut him up on the roundabout which he may complain about.

 

The ticket has no explanation for the reason he pulled me other than a code RT88376 and wording 'Drive without reasonable consideration for others' so how would a court or the person assessing if I will get a driving coarse, fine or court hearing know what the circumstances are, the car was basic focus panda, not a traffic car and he did not offer to show me any recording of what I had done (although I did not ask either).

 

He also explained that they may decide not to do anything and the ticket could get thrown out.

 

So do you think I need to worry, he is basically doing me for careless driving which is could entail a hefty fine and up to 9 points

 

Is there some new law that says you are no longer allowed to overtake a slow moving vehicle?

Edited October 19, 2017 by rado20vT

[mic_VR 3]

Sounds like a bit of a non-offence. You're well within your right to overtake if safe to do so and that you don't cause another driver to take evasive action, which given your account it sounds you were perfectly fine to do. It's good that you kept such a good record, shows you were paying suitable attention.

 

If they decide to charge you the first thing I'd ask for is evidence. If they have video footage they should've offered to show you there and then, which suggests they don't. Was this guy on his own?

 

I'd definitely fight it.

[swiftkid 1]

I'm sure I'll get corrected but those panda cars probably won't have any recording equipment, so absolutely no proof. By the sounds of it he was bored/new to the force and just covering his backside. They usually slap you with a section 59 which is a blank "I'm a copper and I don't need a reason" on the spot ticket and a fine.

 

If there is a complaint, he can say he's pulled you over for a chat and that's that, I wouldn't worry.

[Dogma 10]

Was the copper on he's own?

Did he have video evidence?

 

If the answer is yes and no I wouldn't worry about it, as it's he's word against yours and we all know the police can't be trusted.

To be honest I would of waited for the bike to go passed myself.

Edited October 19, 2017 by Dogma

[GrahamU 5]

Was the copper on he's own?

Did he have video evidence?

 

If the answer is yes and no I wouldn't worry about it, as it's he's word against yours and we all know the police can't be trusted.

To be honest I would of waited for the bike to go passed myself.

 

Yes he was on his own and I didnt see any video equipment in the car nor was I offered to see any, the only camera I saw was on his uniform which I guess was in case I assaulted him :)

 

and I did wait till the bike was clear

 

 

Thanks for the replies, fingers crossed

[STU175 0]

its thing like this make me think a dash cam may be a good investment.

i cant see you were "driving without reasonable consideration for others" id definatly fight it

[odub 0]

Personally I would ask to see any evidence they may have, that's even if you recieve anything through the post.

I'm not sure when it became illegal to overtake and given your account, it sounds perfectly reasonable to have done so.

 

As Stu says, it could be worthwhile having a camera in your car. The amount of miles I travel on the A12 each day and since my car was hit whilst parked, I have one in my daily A4

Edited October 19, 2017 by odub

[mic_VR 3]

As Stu says, it could be worthwhile having a camera in your car. The amount of miles I travel on the A12 each day and since my car was hit whilst parked, I have one in my daily A4

 

^^ definitely. I'm looking to get one in my new daily. Not sure which to go for but anything that is of sufficient quality to use as evidence is a good idea IMO.

[GrahamU 5]

Have been thinking about getting one, definitely seems like it could be a good investment

[dr_mat 0]

Unfortunately there has been a lot of clarification from the police in recent years to point out that the speed limit still applies even when overtaking. But it sounds a bit waffly to me and I am not sure you're going to get anything from this. It's not "driving without due care and attention", that's a serious offence. The other one he's ticketed you for is probably fixed penalty.

 

 

A Corrado is for life, not just for the MOT.

[vw rule 19]

"After explaining that he had pulled me for overtaking he said 'your only saving grace was you continued at the correct speed' at which point I thought I'd got away with it."

 

"He then um'd and er'd and said he wasnt sure what to do about it, then said if the car I passed and which he also passed made a complaint and he had not done anything it would not look good so he gave me a ticket for 'driving without reasonable consideration."

 

*******************

 

Codes CD10 to CD30 must stay on a driving record for 4 years from the date of the offence.

 

Code Offence Penalty points

 

CD10 Driving without due care and attention 3 to 9

 

CD20 Driving without reasonable consideration for other road users 3 to 9

 

CD30 Driving without due care and attention or without reasonable consideration for other road users 3 to 9

 

 

 

From what you've said you over took that slower car in a save manner, but possibly you went over 30mph, which in the cops eyes is driving with out care as you over took in a 30 limit ?

 

Hopefully he's just given you a warning

and nothing else.

My advice and mentioned by 1 or 2 other guys is to get a dash cam, possibly one with front & rear camera's, I've got one myself the front camera is 8 maga pixal,

and rear one is a bit pants at night as it's only 1.2 mega pixal. The front camera is really clear and has good sound from the mic. Also get one that has built in GPS that shows speed.

Aleast this way you'll have your own evidence from front and behind, plus what was said as they record all sound.

 

Hopefully you'll be alright.

 

Si

[robrado974 1]

I’m not sure if he can help but I’ve sent a pic of your post to my brother in law . He’s a CPO , but still a Met officer and obviously did his time in the force before becoming a CPO . Hopefully he will be able to shed some more light on it .

[GrahamU 5]

I’m not sure if he can help but I’ve sent a pic of your post to my brother in law . He’s a CPO , but still a Met officer and obviously did his time in the force before becoming a CPO . Hopefully he will be able to shed some more light on it .

 

Thanks Rob

[Gti_Jamo 10]

I'd laugh at any police officer who tried to stick that on me. Wouldn't have even accepted the ticket.

[robrado974 1]

I'd laugh at any police officer who tried to stick that on me. Wouldn't have even accepted the ticket.

 

Just received this from my brother in law .

 

 

Sent from my iPhone using Tapatalk

[VAG-hag 0]

Maybe go and get an hours legal advice on the matter? Usually free, this could help inform how simila4 cases have played out that are similar to your situation from an informed source of info

[GrahamU 5]

Thanks for asking Rob

 

 

Maybe go and get an hours legal advice on the matter? Usually free, this could help inform how simila4 cases have played out that are similar to your situation from an informed source of info

 

If I get something through that will be worth doing

[Dogma 10]

Dash Cams are great when you need the evidence to prove you was in the right or to up load to you tube :), but on the flip side lets say any fun driving you may of been doing could be used against you if you gone pulled.

 

Best of luck and lets hope the paper work is more than it's worth proceeding.

Edited October 23, 2017 by Dogma

[stuarttaylor37 13]

Try asking on pepipoo.com

[GrahamU 5]

Well I got my request to join them for a driving coarse, but its a speeding awareness coarse for driving without consideration for others, doh

[robrado974 1]

Well I got my request to join them for a driving coarse, but its a speeding awareness coarse for driving without consideration for others, doh

 

I had to go on a driving course years ago . I hit a panda car from behind . I might add that the old bill also hit the car in front of it and not from me pushing it . But that was brushed under the carpet . But I must admit 15 years later I’ve never had an accident since . I will always remember a bloke on the course who clearly did not pay any attention to what the instructor was saying and could not wait to get out of the place . The same bloke was next to me on the way home , on a duel carriageway approaching a set of lights at a roundabout, they went to Amber , I slowed down , they went to red and the bloke went straight through the red light .

 

 

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[Kevin Bacon 5]

I'd laugh at any police officer who tried to stick that on me. Wouldn't have even accepted the ticket.

 

Same. What an utter crock of pooey pointlessness. Constantly we hear about cuts to the police force, and yet, it seems road traffic officers have the time and resources to waste by pulling people over for absolutely jack schitt.

 

Dithering twunt does 20mph. ****ed off person behind wants to make progress and over takes. Oh my lord, Rado20VT, you should be put onto a medieval torture rack immediately. AND do 5 speed awareness courses back to back, for good measure. All at the tax payers expense, naturally. Punitive damages should also be awarded to the deeply upset overtaken person for the stress and emotional damage you caused. They are probably scarred for life by this incident and daren't leave the house.

 

I'm sorry but slow arse dithering twunts are also "driving without consideration to others", but the law is always on the side of the sanctimonious "Speed limits are not a target" types.

 

The way I see it: cars like Golf R's with barky exhausts are an easy target for narrow minded coppers. He probably prayed that you over take the dawdler so that he can take his own prejudices out on you.

 

Damn right I would fight this one in court if it came to it! Overtaking a slower moving vehicle is not illegal.

Edited November 14, 2017 by Kevin Bacon

[GrahamU 5]

Had my 'What drives us course' yesterday.

 

The attendees seemed to mainly be people that had jumped a red light but there was 1 woman who's story was that she had reversed from a parking space, as she then drove away she caught the tow bar of the car next to her, having checked that there was no damage she drove off then later received the letter from the courts for not reporting and leaving the scene of an accident.

 

Most of this course seemed to be aimed at light jumpers and those that use mobile phones (yes, they admitted it had not been updated since the change in the law about phones) they wanted to drill down into the reasons why people make the decision to jump the lights.

 

The discussions generally took the opinion that mostly it was because people were in a hurry because the kids had made them late.

 

I thing I took away from the course was not to have kids because they are the root of all evil on the roads.