Dear all,
Yesterday evening I was pulled over in my DC5 (full Mugen spec with cage - harnesses etc.) for 'dangerous driving'. I felt I may have been a bit hard done by, and was left with not much idea of what was actually going on. I was told to expect court summons for four charges. I have noted down my experience for good practice. I was wondering if any one has any advice/experience with this as it all seems a bit excessive:
I have 3 points on my licence and really cannot afford to lose my license.
Key question - should I seek professional representation?
Dangerous driving is a serious offence – I‘m a bit worried now despite the lack of evidence/witness etc.
http://www.motorlawyers.co.uk/offences/ ... riving.htm
Thanks guys - appreciate any advice.
notes
• Wednesday 21st April – I was driving along the Chertsey Road in a ‘spirited‘ manner, the roads were dry, quiet and visibility was excellent.
• I was accelerating (following two slow corners) around a long left bend when I drove past a police car coming the other way who flashed his lights at me as he went past.
• At this point I was on my side of the road – the vehicle completely in control so I slowed down assuming he was either warning me of something ahead or was going to turn around to stop me.
• As I entered Chobham village I saw him in my rear view mirror in the distance with lights flashing so I pulled over immediately.
• The officer got out and I presented him with my licence.
• I immediately saw he went to check the car so I alerted him to the issue that my rear tyres were due for replacement (just) – and tyres were on order. I knew this was unacceptable but tyres wear out quickly on track!
• His response ‘I having you for that‘
• Next I mentioned my front plate was damaged and was in the windscreen – when I went to replace it days earlier – I was told I needed to come back with paperwork before I could order a plate.
• His response ‘I having you for that too‘
• At this point I realised he had a bit of an issue with me – a man on a mission
• The officer asked me ‘What the hell did I think I was doing driving like that?‘ I assumed he meant I was going to quickly so I said ‘Perhaps I was going a bit fast?‘ His response was that I was going so fast that he had to swear at the person he was speaking to on the telephone/radio – this makes me think he may have been a little distracted?!? Not sure.
• Next question - aggressively: ‘Why are you driving an untaxed vehicle?‘ I pointed out to the officer that the tax expired at the end of May so taxed for another 6 weeks. At this point I realised he just wanted to do me for anything and everything. The officer did seem unnecessarily agitated - making a mistake like this one made this apparent to me.
• He measure the tread of my tyres and one apparently was fine, the other beyond the limit – which is odd considering rear tyre wear should be even (tyres were purchased & put on the car together)
• After a lengthy conversation about ‘if‘ I had crashed – ‘if‘ I hit a pedestrian which I appreciate is their concern he said ‘Had I panicked when I saw him – I would have lost control‘ I disagree with this as the car was in control.
• The officer did not seem to follow any real procedure – I‘m not sure if he has to. He never asked me where I was going, if the car is mine etc. Just got on with it after calling in my driver's licence. At some point he read my rights to me with no real structure – like I said he seemed very agitated. He did not read me my charges in detail. I had to ask what they were.
• I had to ask what I should expect to happen next – he told me I will hear from the CPS and be summoned to court on four charges:
o Dangerous Driving
o Driving without due care and attention
o Faulty tyre
o Failure to clearly display license plate.
• I‘m doubt I was even breaking the speed limit (windy road where the limit is 60mph) - as I was accelerating away from a slow section of road (well under 60mph)– I believe the officer may have thought my car was going faster or looked dangerous because:
o It is a highly prepared track car with roll cage and spoilers – it looks aggressive and fast at all speeds even standing still!
o It has a very stiff suspension set up which gives it a ‘bobbing‘ (vertical movement) effect on the road giving it a very dynamic look while moving.
o Although completely within legal noise limits, when under acceleration the car will make a loud noise. Due to the nature of the engine – it may scream in the higher rev range which may have alerted the officer.
o The officer said he was on the phone/radio as he drove passed – this means he may have been slightly distracted. He flashed his lights at me – which I saw.
• I think the officers conduct was questionable because:
o He gave me very little idea of what he was doing or charging me with – I had to ask and he failed to explain clearly what and why the first two chargers were for.
o He read me rights when I was not under arrest or he didn‘t explain to me why he was reading them.
o I believe the look of my car has a certain stereotype, it attracts the wrong sort of attention –I feel the officer had made a judgment based on this.
• Having done some research on the charges: I cannot actually believe I may be charged with dangerous driving based solely on the subjective opinion of one officer. I am not sure if he has any video evidence but I hope he does as it will show that the car is in control and on the correct side of the road. I would understand if I had been all over the road, overtaking around a corner or anything else actually dangerous - but I was not.
New tyres are arriving tomorrow - had already ordered them, plate arrives tomorrow. I know I don't have a real excuse for these even though I am yet to be convinced my tyres were beyond the legal limit. I'll have a garage confirm this and submit them as evidence if I'm right.
Yesterday evening I was pulled over in my DC5 (full Mugen spec with cage - harnesses etc.) for 'dangerous driving'. I felt I may have been a bit hard done by, and was left with not much idea of what was actually going on. I was told to expect court summons for four charges. I have noted down my experience for good practice. I was wondering if any one has any advice/experience with this as it all seems a bit excessive:
I have 3 points on my licence and really cannot afford to lose my license.
Key question - should I seek professional representation?
Dangerous driving is a serious offence – I‘m a bit worried now despite the lack of evidence/witness etc.
http://www.motorlawyers.co.uk/offences/ ... riving.htm
Thanks guys - appreciate any advice.
notes
• Wednesday 21st April – I was driving along the Chertsey Road in a ‘spirited‘ manner, the roads were dry, quiet and visibility was excellent.
• I was accelerating (following two slow corners) around a long left bend when I drove past a police car coming the other way who flashed his lights at me as he went past.
• At this point I was on my side of the road – the vehicle completely in control so I slowed down assuming he was either warning me of something ahead or was going to turn around to stop me.
• As I entered Chobham village I saw him in my rear view mirror in the distance with lights flashing so I pulled over immediately.
• The officer got out and I presented him with my licence.
• I immediately saw he went to check the car so I alerted him to the issue that my rear tyres were due for replacement (just) – and tyres were on order. I knew this was unacceptable but tyres wear out quickly on track!
• His response ‘I having you for that‘
• Next I mentioned my front plate was damaged and was in the windscreen – when I went to replace it days earlier – I was told I needed to come back with paperwork before I could order a plate.
• His response ‘I having you for that too‘
• At this point I realised he had a bit of an issue with me – a man on a mission
• The officer asked me ‘What the hell did I think I was doing driving like that?‘ I assumed he meant I was going to quickly so I said ‘Perhaps I was going a bit fast?‘ His response was that I was going so fast that he had to swear at the person he was speaking to on the telephone/radio – this makes me think he may have been a little distracted?!? Not sure.
• Next question - aggressively: ‘Why are you driving an untaxed vehicle?‘ I pointed out to the officer that the tax expired at the end of May so taxed for another 6 weeks. At this point I realised he just wanted to do me for anything and everything. The officer did seem unnecessarily agitated - making a mistake like this one made this apparent to me.
• He measure the tread of my tyres and one apparently was fine, the other beyond the limit – which is odd considering rear tyre wear should be even (tyres were purchased & put on the car together)
• After a lengthy conversation about ‘if‘ I had crashed – ‘if‘ I hit a pedestrian which I appreciate is their concern he said ‘Had I panicked when I saw him – I would have lost control‘ I disagree with this as the car was in control.
• The officer did not seem to follow any real procedure – I‘m not sure if he has to. He never asked me where I was going, if the car is mine etc. Just got on with it after calling in my driver's licence. At some point he read my rights to me with no real structure – like I said he seemed very agitated. He did not read me my charges in detail. I had to ask what they were.
• I had to ask what I should expect to happen next – he told me I will hear from the CPS and be summoned to court on four charges:
o Dangerous Driving
o Driving without due care and attention
o Faulty tyre
o Failure to clearly display license plate.
• I‘m doubt I was even breaking the speed limit (windy road where the limit is 60mph) - as I was accelerating away from a slow section of road (well under 60mph)– I believe the officer may have thought my car was going faster or looked dangerous because:
o It is a highly prepared track car with roll cage and spoilers – it looks aggressive and fast at all speeds even standing still!
o It has a very stiff suspension set up which gives it a ‘bobbing‘ (vertical movement) effect on the road giving it a very dynamic look while moving.
o Although completely within legal noise limits, when under acceleration the car will make a loud noise. Due to the nature of the engine – it may scream in the higher rev range which may have alerted the officer.
o The officer said he was on the phone/radio as he drove passed – this means he may have been slightly distracted. He flashed his lights at me – which I saw.
• I think the officers conduct was questionable because:
o He gave me very little idea of what he was doing or charging me with – I had to ask and he failed to explain clearly what and why the first two chargers were for.
o He read me rights when I was not under arrest or he didn‘t explain to me why he was reading them.
o I believe the look of my car has a certain stereotype, it attracts the wrong sort of attention –I feel the officer had made a judgment based on this.
• Having done some research on the charges: I cannot actually believe I may be charged with dangerous driving based solely on the subjective opinion of one officer. I am not sure if he has any video evidence but I hope he does as it will show that the car is in control and on the correct side of the road. I would understand if I had been all over the road, overtaking around a corner or anything else actually dangerous - but I was not.
New tyres are arriving tomorrow - had already ordered them, plate arrives tomorrow. I know I don't have a real excuse for these even though I am yet to be convinced my tyres were beyond the legal limit. I'll have a garage confirm this and submit them as evidence if I'm right.
