burnbanks wrote:
:cry: I'm interested in members' comments and advice on the following story.
Last year, on Dundee's dual carriageway, I moved into the outside lane to overtake a truck. I was travelling at the speed limit (50mph). The nearest car in that lane was about 100m away. It came up fast behind, tailgated, flashed its lights and hooted. I didn't retaliate in any way but carried on, because there was a truck coming up on my left. When I'd passed it and moved back to the inside lane, the car driver cut in front of me and slowed down. And so, not wishing to provoke him further, did I. Later, I moved out to overtake him, whereupon he speeded up.
Hmmm! Difficult to comment properly as did not see this for myself - both standards of driving as described are worthy of a stop by us. On the one hand - we have burnbanks who needs to work on his observation and mirror work (Had this been a derestricted A/bahn - it is more than likely burnbanks would have been 100% liable in the event of a collision per German law - as it is more than reasonably foreseeable that someone will be "stuerming" up the overtaking lane) - and on the other hand - there is someone exceeding the speed limit by a whopping 25 mph on this particular road.
Which one would I have pulled by choice though - on this evidence as posted? It is a tough one! Both actions were equally dangerous - (and the later action by the original overtaker borders on road rage)
Think I would have been more inclined to have a quiet word with original overtaker as he was driving at a speed which was 25 mph above the speed limit on the road, tailgated and behaved aggressively - and it is reasonably foreseeable that a car will move to overtake at the lower speed limit or be in the outer lane at the lower speed. Given his subsequent action of cutting in and slowing down, followed by the speed up to prevent an overtake or push the driver above the speed limit ... I would take a very dim view of that one.
As for you, burnbanks , - more than likely I would have gone after you as well after dealing with the speeder and lectured him about the use of mirrors - as this highlights a serious flaw in your driving. For all I know - you could display this same very serious weakness on all roads and it needs correcting. Given that you were driving slowly - quite possible I'd have caught you up after dealing witht he other guy - assuming I did not manage to pull you both together. Possible - both of you may have realised you were in trouble and stopped. Sometimes both do - so that they can complain to us about the other guy's bad driving.
Think self and our lads would have radioed through to another officer for help (very possible in our patch as almost all the fleet are patrolling at some point in an average day) as it is not easy to stop both drivers (have managed it once - but both realised they were in the "poo" at the time

) or run the car through a trace and contacted this driver on the basis that the driving was flawed.
But - it's a close call and would really test professional judgement - as both drivers displayed weak driving standards.
burning the banks wrote:
No doubt this is all standard stuff; but for the unpleasant aftermath. When I related this to my solicitor, he took the hostile view that I myself might have committed a violation of the Road Traffic Act. He thought that pulling out and balking someone, albeit he was going too fast, could be considered Careless Driving. He said and I quote: “You are guilty of Careless Driving on your own admission. I’m an Advanced Driver. I used to race cars although I don’t hurry now. If I’d been on the Bench I’d have found you guilty. You’d fail a Driving Test if you did that manoeuvre. Even if the car was 5000 yards away. You must not balk other vehicles even if they’re speeding. It might have been going to hospital with a dangerously ill baby on board.”
Your solicitor for real? He's supposed to be objective and professional - and address the law with a view to securing the best possible outcome for you - regardless of your "alleged guilt." He is certainly not supposed to judge you.
Yes - burnbanks - you would have failed a driving test for woefully indadequate observation skills and mirror use: for all I know your poor observation skills could cause an incident on any road. This is why I would have either stopped you at the time or traced you later - dependent on how I judged the danger of the situation. Would I have charged you with careless driving for this? Not necessarily - the acid lecture would have ensured pedantic use of mirrors thereafter - (been told my acid burns to the bone

. )
Quote:
And the reason I was consulting a solicitor? Well, the car driver made a complaint to the police. He fabricated a completely different incident, which was backed up by a motorcyclist and pillion passenger who must be friends of his. For good measure, these 2 added a couple of incidents of their own. At odds of 3 against 1, I didn't stand a chance. I was convicted of Careless Driving, though not on the overtaking manoeuvre related above.
Hmmm! And Northumbria police took aerial photos to make the apple case stick as the policeman's video tape did not record her careless driving and it boiled down to his word against hers - hence the need for CPS to build the case by proving the road was dangerous for a hand to be off the steering wheel.
Have you leave to appeal and make further investigations into this? As Paul says - deceiving the police and perverting the course of justice are very serious offences .
What was the quality of the evidence agaisnt you? Also - you could consider reporting your solicitor's attitude towards you to the Law Society as well as, from what you post here, it does come across as if he did not try his best for you either.