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Pulled over for careless driving

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  • Pulled over for careless driving

    I was pulled over last night for careless driving, I was doing max 40/45 in a 30 and drove in the middle of the speed bumps. (12:50am, no pedestrians and no cars on the stretch of road I was speeding except the plains clothes officers, I think it possibly could of been undercovers in a house or either parked up with no lights on as I didn’t see no one on the stretch I was speeding) I was pulled over down the road a bit by a marked police car where I was doing under the limit they said a colleague in plain clothes seen me and couldn’t get the reg plate. Surely if they couldn’t get the reg plate the car that pulled me over could of mistook me for another car? They don’t have video evidence of this but they’ve submitted it to the CPS, how likely is it I’ll be brought to court and if so am I looking at a ban or just points?
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  • #2
    Points - depending on whayt they say was careless aboput the driving.

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    • #3
      Did you say there were no other cars? Doesn't that diminish the likelihood that the officer had seen another vehicle?
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Guides and handbooks for Litigants in Person - :

      https://legalbeagles.info/forums/for...60#post1701560

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      • #4
        Originally posted by atticus View Post
        Did you say there were no other cars? Doesn't that diminish the likelihood that the officer had seen another vehicle?
        There was no cars on the stretch of road I was speeding, but there was cars where i got pulled over and there was multiple points to turn off so they could of mistook me for another vehicle.

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        • #5
          I suppose it is possible that they could have mistaken your car for another. But is it likely?

          You will need to study the evidence if further action is taken.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Guides and handbooks for Litigants in Person - :

          https://legalbeagles.info/forums/for...60#post1701560

          Comment


          • #6
            Originally posted by fcvk97 View Post

            There was no cars on the stretch of road I was speeding, but there was cars where i got pulled over and there was multiple points to turn off so they could of mistook me for another vehicle.
            Thank you. Do they need evidence or is there word enough?

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            • #7
              You suggest you have been suspected of careless driving.
              I wonder what it is that makes the officers suspect that, and not of speeding.

              IMO driving between speed bumps is not necessarily careless driving (i.e. driving without due care and attention) if there are no other road users to be inconvenienced by that action. In fact to do it you need to be very attentive to the road surface.
              From personal experience driving a low slung sports car and leaving my exhaust on a speed bump, I now avoid driving over them wherever possible, even to the extent of waiting for oncoming traffic to clear before proceeding between the humps

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              • #8
                Doing it at speed?
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Guides and handbooks for Litigants in Person - :

                https://legalbeagles.info/forums/for...60#post1701560

                Comment


                • #9
                  Originally posted by fcvk97 View Post

                  Thank you. Do they need evidence or is there word enough?
                  They do need evidence, but they have it. They will give evidence of how they saw you driving and that they formed the opinion that you were not driving with due care etc etc.

                  You could question their evidence if it got to court. You could put it to them that they were mistaken or that they had mistaken you for another driver. You could ask them why they believe driving between speed bumps warrants being charged with this offence.

                  But don't suggest anything stronger than that they may be mistaken. A magistrates court is likely to believe that the police have no reason to lie about what they saw, and that it is more likely that if anybody is going to be economical with the truth, it will be you.

                  (This belief seems to be based on the view that so many drivers commit driving offences that the police are spolit for choice as to who to prosecute, and that they don't need to "fit up" innocent drivers. But to me that's like saying that billionaires don't need to be greedy after the first £100 million so they stop accumulating more wealth... )

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