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Due care and attention
gavincartref
post Fri, 10 Aug 2018 - 11:54
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Hi
First time posting here, but would really love some honest advice and I'll try to describe as accurately as possible what happened.

I was returning home to North Wales late last Friday (4/8/18) on the M56 westbound at around 1am. I passed a police car doing , I'm guessing 60-65, checked my speed and adjusted the cruise control to ensure I wasn't over 70 whilst over-taking.

He must have followed me for a considerable length of time as what seemed like at least 15 minutes later, the lights flashed in my mirror and got pulled over. By this time, I have to admit, I had tickled my cruise up a bit and automatically assumed it was for speeding. The officer arrogantly came to my window, asked if I had my license, then told me to meet him in his passenger seat when I had got it.
Upon sitting in his car, his first words were "Do you mind explaining to me why you were veering all over the road?". To which I looked baffled and stated I didn't believe I was. I asked if I could see evidence of this on his CCTV and he started playing the clip but showed no interest in going through it with me. I stated I couldn't see any evidence of what I was being accused of, to which he responded "My eyes are much better than the CCTV and I know what I saw".
Then he asked "Do you mind telling me why you were going 90 mph?". Again, I replied I didn't believe I was and he went back to his CCTV which showed him doing 81, 82, 85, 86, 87 and back down. He then back-tracked and said he didn't say I was doing 90, but close to it. I then said that just shows him doing that to catch me up to get behind me. He barely made any eye contact the whole time (I guess they aren't required to) and even interrupted me when I stated I didn't believe I was doing 90 by shouting in quite a child-like way "Why do you keep saying that?!". My comments on the ticket stated I disagreed with him and I also stated that as he repeatedly said his eyesight was better than the CCTV, I'd be requesting a copy of a current eye test in court, which he said he wouldn't have to do as I left his vehicle.

The offence code says 0460 on the ticket, but one week on I still haven't heard anything and was anxious to get some advice as my initial feeling was anger at the 'veering all over the road' statement from him, but researching I see that the speeding aspect comes into play anyway. The most I believe my cruise went up to was 81/82 on the needle for overtaking then I would tap it back down. Silly I know as I should've just left in at 70, but got a bit greedy and wanted to get home a bit faster as was still another 90 minutes from home. No excuse I know. I don't believe I was veering over the road like he said, so like I said, my initial emotion was anger at him accusing me of that without backing it up or interested in showing any evidence on his monitor.

When I do hear from them with whatever it may be: course, points, court etc - will I be within my rights to request video evidence of this before making any decisions of what option I choose to take up? Any feedback is gratefully received.

Thanks again
Gavin
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post Fri, 10 Aug 2018 - 11:54
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AntonyMMM
post Fri, 10 Aug 2018 - 12:19
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QUOTE (gavincartref @ Fri, 10 Aug 2018 - 12:54) *
When I do hear from them with whatever it may be: course, points, court etc - will I be within my rights to request video evidence of this before making any decisions of what option I choose to take up? Any feedback is gratefully received.


No - only once you elect to take it to court .... at the moment, just wait and see what (if anything) turns up, then review your options again.
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Jlc
post Fri, 10 Aug 2018 - 12:31
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QUOTE (gavincartref @ Fri, 10 Aug 2018 - 12:54) *
When I do hear from them with whatever it may be: course, points, court etc - will I be within my rights to request video evidence of this before making any decisions of what option I choose to take up? Any feedback is gratefully received.

Depends on what you receive.

If you get an offer to dispose of the matter without prosecution (e.g. course/fixed penalty) then, no, you won't have any opportunity before accepting such an offer.

As you admit speeding then it would be wise to accept any such alternative to prosecution if they are pursuing that allegation.

If the matter is going court then the situation will be different, again depending on what charge they pursue.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Logician
post Fri, 10 Aug 2018 - 13:10
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You will just have to see what, if anything, comes of this. What you have is presumably a copy of a traffic offence report, the usual procedure now is for these to be completed by the officer at the roadside and sent to some central office for them to decide what action to take. Offence code 0460 will be a code used by that particular force, you have headed your post 'due care and attention' is that what the officer said or is that your assumption?


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gavincartref
post Fri, 10 Aug 2018 - 13:25
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Thanks.

This is what the officer on the TOR is charging me with.

I have stated I disagreed with him on the report at the bottom and also put in writing I failed to see any significant evidence on the CCTV. I initially thought I'd fight it as I completely disagreed with his main point about swerving all over the road, but then the speeding aspect has worried me. He obviously wanted to do me for more than just speeding, or is it harder to prove only that from his CCTV etc? My friend on the force says the speeding can form part of the evidence but I'm not being charged for that?
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southpaw82
post Fri, 10 Aug 2018 - 14:27
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You’re not being charged with anything yet. His evidence will be reviewed and if there’s sufficient evidence to provide a realistic prospect of conviction for an offence they will proceed with that. If so, you will be offered a course, a fixed penalty or prosecuted.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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