burnbanks wrote:
When I tell my friends about my solicitor’s views their reaction is generally on the lines of: “it doesn’t make sense”, meaning common sense. Essentially, he thinks you shouldn’t overtake if there is another car visible in the outside lane. I have heard of a Sheriff who takes the same view. I should think many overtaking manoeuvres on today’s roads are carried out with a gap of a good deal less than the 100m that I allowed.
It depends upon the approach speed. He was travelling well in excess of the speed limit and you moved out into his path at the speed limit to overtake the truck.
Two wrongs do not make a right: he was breaking the law by exceeding to limit by a significant excess - but you misjudged his speed and pulled out in front when it would have been wiser to have waited until he passed and then plan your overtake.
burnbanks wrote:
Does this mean that almost all drivers who overtake are at risk of prosecution? All a following driver would have to do is claim he was impeded, so long as he has a witness.
Depends on the nature of your action. As stated - you would have been 100% liable on some of the German roads per German law - but they would have used the CCTV against the driver who tailgated you as well - and blame apportioned accordingly.
burnbanks wrote:
Leaving aside drivers who have a legitimate reason for getting from A to B in good time, I would have thought that being impeded is not so much a physical reality (people are impeded in their lives all the time) but a state of mind. In the case I have related, the other driver probably felt he was being impeded and then chose, quite deliberately, to make something of it. He knew exactly what he was doing – trying to intimidate me; I very much doubt if he had to brake; he probably has tailgating down to a fine art – coasting up behind his victims until he’s half a car length away. I estimated, by the way, that he was doing 70 to 75mph on his approach.
Pity there was no CCTV footage of this incident. But cannot see what advantage this driver gets from this action.
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The law might make more sense if the crime was not balking or impeding following traffic, but moving into an insufficient gap. To avoid doing this you need to accurately estimate the speed of following traffic. It is not easy to judge the speed of a vehicle in one’s mirror, particularly if it’s a long way back. And it becomes more difficult when there is a big difference in the speeds cars are travelling at – this is surely one good reason for having speed limits on motorways.
One of the reasons why Germany (lamentably) is considering a blanket 130 kph on all A/bahn - especially after the Turbo Rolf incident last year.
However, you still need to be able to judge the speed of approach inyour mirrors a little more accurately than you appeared to - and if a car does move into a space - generally they are matching the speed within the flow.
burning banks wrote:
SCE is suspicious of the rest of the story. Well, he is entitled to be. If I myself had been on the Bench, I might have had trouble believing my story against the three others. I had no witnesses and no evidence that could contradict the prosecution’s claims.
As for what they got out of it, I have no idea of why anybody would go to such lengths, or how the car driver got his friends to commit perjury. There was no financial gain that I am aware of, except what they would get paid as witnesses.
They made a fool of me – some satisfaction there, I suppose. But they also made a fool of the justice system. By not doing anything to check their statements, the prosecutor has effectively allowed them to carry road rage into the courts.
Am baffled as to why anyone would do this
burning the banks wrote:
As far as making a complaint to the police, my solicitor poured cold water on that idea. Since the witnesses were found to be “credible and reliable” in Court, and I myself have no witnesses, I don’t think a complaint would get very far.
Your solicitor still comes across as if he was not trying his best for you at any point in this. Perhaps he was swayed by the number of witnesses claiming you were undertaking them all. I would consider getting advice from the Law Society (or its Scotish equivalent)
burnbanks wrote:
Ian H wants more details of the prosecution case. The witnesses said I undertook them 3 or 4 times (they weren’t totally consistent; the car driver even said I undertook him twice in succession – a physical impossibility). The motorcyclist said the first time it happened, he had to brake and swerve “slightly”. Another such manoeuvre (see below) was supposed to have caused the car to hit the central reservation. The driver reported damage to the police, but withdrew this in Court. As you may know, such discrepancies cannot be challenged in Court.
Why did your solicitor not pick up on the inconsistencies: his job is to cast reasonable doubt on allegations against you. It is what he is paid to do. Did they provide photographic evidence of the car's damage to substantiate their claim that your undertaking caused them to collide with the central reserve?
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This brings me to another issue for discussion. The car driver said I undertook him, then pulled into the outside lane in front of him, causing him the brake sharply, swerve, and hit the central reservation. Being cut up is not an uncommon occurrence, particularly for those who’ve driven in southern Europe, urban Australia or parts of the States.
perhaps - but their stats and general standards are nowhere close to ours. Even the French are placing our supposed courtesy as a role model
In this country - we do not cut people up.
But in any case - if the driver hit the central reserve - presumably he'd try to claim the repairs from your insurer? Surely you all exchanged names and addresses so that uinsurers could sort out the repairs - and in this instance - is the court case one brough by the insurance companies to ascertain the apportionment of blame?