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Jules
Stopped by the West Mids motorway unit for "driving without due care and consideration to other road users", they thought I was driving too fast for the conditions, as it had been raining earlier.

They gave me an estimation of my speed on which I declined to comment, and told me that "other roads users in the middle lane who can see nothing but spray in their mirrors may be surprised by me passing on the right", which I thought was strange. They had no evidence as they "couldn't see me because of the spray", the video was blank and they offered no information on calibrated speedo etc.

They filled in a form, but didn't give me a copy, saying I would hear from them shortly.

I have since received an offer to participate in a Driver Improvement Course over 1 1/2 days for £165. The money is not an issue and I should probably just take the course and have done with it, but having read some info on driving without due consideration I have a couple of questions that I hope the members might be able to answer.

1) My understanding is that there must be evidence that some other user of the road or public place was actually inconvenienced for the CPS has to win the case. Is the word of two officers sufficient or do they need 'another road user' to complain or act as a witness?

2) The letter says Driving without due care and attention or reasonable consideration - which is not what the officer said, maybe it is a standard letter or they try to keep the net as wide as possible?

Any advice would be appreciated.

J
jeffreyarcher
QUOTE (Jules @ Fri, 19 Sep 2008 - 15:37) *
1) My understanding is that there must be evidence that some other user of the road or public place was actually inconvenienced for the CPS has to win the case.

That requirement appears to only apply to the 'without reasonable consideration for other persons' part of the section, not the 'without due care and attention' part.

QUOTE (Jules @ Fri, 19 Sep 2008 - 15:37) *
Is the word of two officers sufficient or do they need 'another road user' to complain or act as a witness?

Even where it does apply, they wouldn't need another witness, they could just perjure themselves and give evidence that there was one.

QUOTE (Jules @ Fri, 19 Sep 2008 - 15:37) *
2) The letter says Driving without due care and attention or reasonable consideration - which is not what the officer said, maybe it is a standard letter or they try to keep the net as wide as possible?

That is the offence. Whether the fact that they mangled the words in the warning would help you, I very much doubt it. In any case, they could just lie about what was said.
Zed Victor One
Even where it does apply, they wouldn't need another witness, they could just perjure themselves and give evidence that there was one.

"
And is this witness available to give evidence in court here today officer?", I don't think that an anonymous member of the public would suffice, even if they did perjure themselves they'd be hard pressed to prove an inconvience occured unless they can produce someone who was actually incovenienced?

Quite likely that the charge would be due care as a result of the prevailing road conditions and the fact that most others deemed it imprudent to travel at whatever speed is alleged.
Foci
I would have thought that the witness statement of two officers is enough evidence.
Monster 900
Take the course.
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