Hi everyone, I have a few questions concerning a traffic offence that I have been charged with.

Before I ask these questions I will first describe what happened.

So, I was driving through my home town of Buckie and approaching a junction I did not completley come to a stop before pulling out of the junction to turn right. Upon pullying out I saw a police van coming towards me (it was a good 20-25 metres away) I then proceeded on my journey seeing the van slam on its brakes and do a u turn at the junction to catch up with me. I then pulled over at the side of the road (off of the main street) and got out of the car and into the police van.

The officers then carried out a check on both me and the car and found that the car had an ASBO against it already (before I owned the car), upon dicsovering this one of the officers decided that she was going to issue me with another one and that the car would be taken from me and crushed. The other officer then stated that they shouldnt do this. She then left the van and cam back two minutes later having been on the radio (obviously not wanting me too hear what was going on) and said that on this occasion they would let me off because I had been co-operative and polite.

I was then questioned and told that my case would be put forward on a charge of careless driving.

Ok so my questions are:

1. If an ASBO is received by a driver surely it should be against the driver and not the car?
2. Is an officer allowed to leave the police vehicle whilst questioning is taking place?
3. If it does end up in court what am I likely to get in regards to points, fine etc.

I am a 20 year old male and have 3 points on my licence already which I received two years ago.

thanks.

sorry I forgot to say that the junction had no stop or giveway signs in place. whether this makes a difference or not I am unsure.

cheers.

This would be a section 59 warning ( sometimes referred to as car 'ASBO').

The warning is put against both the driver and the vehicle ( the idea with this is to prevent people swapping about between vehicles to avoid getting the vehicle seized). However, if the warning on the vehicle was placed there during a previous owner then you are well within your rights to ask the local police force for it to be removed ( it's not done automatically).
This would be why you got let off I'd imagine.

An officer can leave as they wish as it's not a formal recorded interview.

Very much doubt you'll end up in court - think you were being given a warning rather than actually done. You'd need a bit more than pulling out at a junction to prove careless driving

Maybe so, but the car receives a marker against it.



Yes.



It depends what you're offence/s you're charged with.

Were you given a verbal NIP? If not, sounds like you got a warning.

No IT IS an ASBO in Scotland

Other wise as above, youl have to wait and see if you get a summons

does no stop signs extend as far as no lines on the road , get some pictures of the junction just in case

NB they cant crush it, if you pay the 100 quid to get it back, they just say that to scare people

I fail to see how your driving was careless. Ok you may have pulled out slightly close but if you made judgement of his speed etc and felt it safe to pull out I can't see how its careless

Ok, thanks for the quick replies. do you reckon it was just a warning to scare me then?

Should the officers have asked me to produce my documents at a Police Station?

How long should I expect to wait until they send me a notice of prosecution?

they gave me a warning in the car and told that it would go to the prosecutor fiscal for them to decide. what does this mean?

thanks.

it means we dont know, you were there

if they report you, you will get a summons before the 6 months limit is up

if it was just to scare you, you wont

writing down signing and dating you version is a good idea, as is getting picies

As said above get photo's.

My thought is if the junction has no markings it is by nature an 'unmarked junction' and both drivers approaching do not have priority.

You'll have to wait and see what is said in the cops statements, but (if previous experience holds true) they are likely to 'exaggerate' how close the near miss was. This could turn against them, as they as (highly trained and experienced) police drivers should have noticed an unmarked junction and have been prepared, this could show the cop driver was not driving with due care and attention.

Get the photo's soon!

fatboytim

They were in a van not a a traffic car

Really?

So if a person makes a judgment as to speed which is completely wrong and pulls out in front of another vehicle, that's ok is it? The test for careless driving is whether the driving fell below the standard of a competent, careful driver (an objective test) not you (a subjective test).




And are still likely to be at least response trained, which far exceeds IAM standards at least. You have no idea what their driver training is.

right thanks for all of the replies and help. Im away at the moment but will get someone to go and take photos of the junction for me.

Is it worth me seeking legal advice now or waiting to see if the letter comes in from the court?

Wait and see what happens.

I've tidied this thread. Let's try and keep it on track, shall we?

I have one more question folks.

The officers asked me how much I earned so that they could write it down and the court base the fine on the amount I earned?

are they allowed to do this?

There's no law preventing them from asking you any question they like.