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Without due care, Pulled over and given intention to prosecute for without due care.
Wrongly accus3d
post Tue, 19 Jun 2018 - 19:48
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Hi all,

After a bit of advice really.

I was travelling on a B road where a police car was parked at the side. As I got close he pulled out with out indicating making me brake to avoid hitting him. (This isnt my issue)

We approached some traffic lights where another car was infront of him. The lights turned to green we all pulled away, after a couple of minutes the car in front of the police car had pulled away up to speed (60 mph road) producing a large gap infront of the police car. I was behind the police car who only travelled to 40/45mph and stayed at that speed. I waited until there was a safe gap to overtake as I was under the impression this was the speed the officer was going to continue to travel at and overtook. As I overtook the officer decided to speed up, causing me not to make my overtake properly, I didnt want to go above 60mph worried he'l charge me for speeding. As I slowly passed and pulled in by this time the oncoming car that was plenty far enough far away when I made the manoeuvre had got a bit close (I still passed safely in my opinion) due to the officer speeding up.

We went through 2 villages and as I sped up out the 30mph limit he pulled me over, did necessary checks and produced a ticket for driving a motor vehicle without due care and attention on the grounds of a dangerous overtake.
A verbal notice of prosecution for the above offence at the time, I received the notice in post dated 20 days after allegation, so understand I cant contest on these grounds.

It will show on his dashcam him travelling at the said speed and speeding up as I overtake, this is all I have really in my favour (if thats anything) otherwise my word against his. I have spoken to a driving offence solicitors who said they'll take on the case at £300.

I have been offered 3 points and £100 fine. I currently have no points.

Is it really worth me going to court or shall take it on the chin and take points and fine?

Also how much are court costs if im unsuccessful in the case?

Thanks in advance everyone....


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post Tue, 19 Jun 2018 - 19:48
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The Rookie
post Tue, 19 Jun 2018 - 20:10
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Your call entirely, if it happened as you said it’s hard to see a court convicting you.

Do you know for sure the Police car had a camera?


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southpaw82
post Tue, 19 Jun 2018 - 21:04
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£300 is remarkably cheap.


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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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Wrongly accus3d
post Tue, 19 Jun 2018 - 22:00
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No, not even not sure if he had the cam rolling to be honest.
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samthecat
post Wed, 20 Jun 2018 - 07:26
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QUOTE (The Rookie @ Tue, 19 Jun 2018 - 21:10) *
Your call entirely, if it happened as you said it’s hard to see a court convicting you.

Do you know for sure the Police car had a camera?


Unfortunately the circs posted are probably not going to be what the officer says has happened. I would expect their statement to support the allegation!

Unless the officer was an RPU or other specialist unit they are unlikely to have a camera fitted to their car.


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Ocelot
post Thu, 21 Jun 2018 - 19:02
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I hate it when that happens. Best to pull back in behind if someone starts to accelerate whilst you are overtaking them.

Your call over the incident, although the penalty could have been worse.

Maybe it's worth discussing with the solicitor and see what they think, showing them the footage?
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