Summons received today Options

[Random_name]

I today received a summons following up from a NIP from the 10^th October 2008.



The NIP was for driving without due care or attention and was issues to me by a road traffic officer and his colleague in their marked Volvo estate.

My version of events which were written the following morning:

Conditions:



10pm

Dry

10c

1 Driver, no passengers

At approximately 10pm on Friday night I was driving home from a friend’s house. I proceeded down XXXXXX road.

I reached the traffic lights at the three houses pub, realised the lights had just changed from amber to green and continued to make progress through the green light.



I then noticed ahead of me was a MINI Cooper which, in my opinion, was not matching the speed limit which was set for the road. I believe this was because that particular vehicle was still building speed from being at the red light whilst I was maintaining mine as I didn’t have to stop.



I also realised that my particular lane selection needed to be altered as the existing lane was for right hand turns only whilst the other lane was separated for traffic moving ahead. As a result of a slow moving vehicle and my alterations I made a manoeuvre to change into the left hand lane and continued to check my mirrors, signal and finally manoeuvre.



Once the manoeuvre was complete, the MINI’s speed was still not matching the limit of the road and as a result I continued to pass the car.



Moments later it then came to my attention that there was flashing lights and a police car was behind me. I immediately signalled out of the way for the police car so that they could continue their journey and changed lanes. The police car then changed lanes. I understood at this point that the police car was looking to stop me.



I then changed back into my original lane and found a safe place to bring my car to a halt.



I then put my windows down and switched my engine off and removed my belt. The passenger of the police car then approached my drivers side and his immediate words were “No belt and driving like a tosser”. I corrected the officer saying that I always wear a belt and I understood more than most the significance of wearing a seatbelt. The officer then said “im not bothered about that, im more bothered about you driving like a tosser”.



I was then told to take a seat in the back of the police car.



The driver of the police car then said “I don’t know how you didn’t see us, you just came shooting past undertaking vehicles driving like a tit. Were going to issue you with an notice of intended prosecution for driving without due car or attention. With any luck you will end up with a day in court where we will be there. Ive had a bad day today and im going to take it out on you. Firstly though im going to give you a breathalyser because you absolutely stink of booze”.



After explaining to the officer I had being to the pub to visit friends earlier in the evening, had a bottle with something to eat the officer said “I’m not having an argument with you over this, I don’t care how many it was, you smell of booze and look like you’ve had a lot, you shouldn’t have any driving like that, I’ve had a bad day and your going to take the brunt for it”.



I passed the breathalyser.



The driver then proceeded to take my details on the notice of intended prosecution slip whilst the other officer checked my documents were valid and up to date.



All insurance, tax, mot documents were valid and up to date and I had my license ready to produce.



The driver then said “We will submit our video evidence for prosecution and if its decided its satisfactory we will try to prosecute.”



I then asked when I should expect to hear something and the driver responded “within 6 months”.



The driver then said “my colleague will now let you out of the car”.



The passenger then got out of the vehicle and proceeded to open the door for me.



I then asked the passenger whether I should pull away first or whether they will and he said “im not bothered, you can do what you like”.



I then entered my vehicle, checked my mirrors, signalled and proceeded to pull out ahead of the police car and continued my journey.



The information above is as accurate and as detailed as I can provide. I have provided no version of events to the police and simply stated details required e.g. full name, dob, occupation.



The police statement (which is a brief version):



I was on patrol in a marked roads policing vehicle which is equipped with a front facing Hi9 video camera and recording device.



At this time I was in company with XXXXXXXXXX on xxxxxxx road stationary at te traffic lights on the south bound carriageway.



Whilst stationary my attention was drawn to a dark coloured xxxxxx approaching north bound. The Renault was travelling at a high speed in my opinion far in excess of the permitted 30mph speed limit which governs this stretch of road.



The xxxxxx continued through the junction as the traffic light changed to green in our and its favour, the tone of the engine suggested to me that the vehicle was under hard acceleration.



At this I turned the police vehicle round and begun to follow the xxxx which was still travelling at speed in lane one of the 30mph dual carriageway section of the a61.



The xxx then under took a vehicle which was in lane two at hight speed. In order to keep sight of the xxx I had to accelerate the almost 80mph. I eventually drew close enough to the vehicle and signalled for it to stop.



(details part removed here as gives details of issuing nip etc)



The incident was captured on the vehicles video recording system, tape number xxx refers, I have seized this tape and exhibit it as xxx.



In my opinion the manner in which the Renault was driven was clearly below the that of a careful competent driver and was driven without consideration for the safety of other road users.





There are a number of questions I currently have:



What is the likely penalty in regards to points and fine for this offence if I plead guilty?



Would this case be worth fighting?



If I fought the case and lost, would this affect the number of points I could receive?



I do not believe the police have video evidence of me under taking. If they do it was past the point of under taking. How does video evidence affect an outcome and more significantly how does the opinion of two officers affect the outcome?



What would you recommend I do?



Is it illegal to under take a vehicle if that vehicle is building speed to the speed limit whilst you are maintaining speed?



I have a full clean driving license with 0 points and have done since I first got my license 6 years ago.



My current car is a Clio Sport 182 (which may I add is designed to make a tone when driven normally, referring to their statement) and is fully taxed, mot’d and fully road worthy.



If you require any further information or would be interested in helping me with my case I would very much like to hear from you either here or PM (PM preferably). I am located in West Yorkshire (which is where the incident also occurred). Many thanks for taking the time to read.

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[southpaw82]

If convicted you're probably in the lower sentencing band (though it can be increased through aggravating factors) which indicates a Band A fine and 3 - 4 points. Excessive speed (if proven or admitted) is an aggravating factor.

A Band A fine is in the range of 25% to 75% of your relevant weekly income (gross less tax and NI).

An early guilty plea will see any fine reduced by 1/3.