driving without due care and attention

kwaks

Paradigm wrote: »

In your position I'd be pleading not guilty to DCA. There's not a lot of evidence for DCA IMO.

There's a chance that, rather than take it to court, they will drop the DCA charge & offer you 3 points & £60 fine for the speeding you have admitted too.

At which point you would ask them what speeding? No NIP for speeding and too late to bring in.

murdomaguire

You cannot be prosecuted for a speeding offence on the uncorroborated evidence of a police officer - even of two police officers.

My guess is they were not in a traffic car in which case the speedometer would not have been calibrated. So a speeding prosecution is out.

Driving without due care and attention is an "opinion" offence rather than an "absolute" offence such as speeding so if you have two police officers against you of the "opinion" you were driving without Due Care you can be prosecuted.

If a non-traffic officer spots a probable speeder then the charge is likely to be due care. They are easier to defend as with any "opinion" as the court is compelled to make a judgement.

That said the court will normally favour the police.

It may be possible to defend it or you could seek legal advice and see if your solicitor can get you a driver improvement course - or better still for them to drop the charges.

Use a proper Road Traffic Offence specialist though - even if they are miles away and a national firm.

hudsonb202

No thay was not in a traffic car jus 2 of them in car

sassy_one

murdomaguire wrote: »

You cannot be prosecuted for a speeding offence on the uncorroborated evidence of a police officer - even of two police officers.

My guess is they were not in a traffic car in which case the speedometer would not have been calibrated. So a speeding prosecution is out.

Driving without due care and attention is an "opinion" offence rather than an "absolute" offence such as speeding so if you have two police officers against you of the "opinion" you were driving without Due Care you can be prosecuted.

If a non-traffic officer spots a probable speeder then the charge is likely to be due care. They are easier to defend as with any "opinion" as the court is compelled to make a judgement.

That said the court will normally favour the police.

It may be possible to defend it or you could seek legal advice and see if your solicitor can get you a driver improvement course - or better still for them to drop the charges.

Use a proper Road Traffic Offence specialist though - even if they are miles away and a national firm.

Makes me laugh certain posters here know nothing about the law!

Think I should know after studying law years ago.

Your advice is spot on, specially the bit I have high lighted, which some posters don't get my point

sarahg1969

"Makes me laugh certain posters here know nothing about the law!" Oh, the irony. :rotfl:

You are both wrong.

The opinion of two officers is sufficient evidence. Or a calibrated speedo and one officer.

However, if you are on a motorway, no calibrated speedo is required, and the opinion of only one officer is adequate.

Of course, it's up to the magistrates to decide if they believe the evidence of the officers.

Road Traffic Regulation Act 1984, Ch. 27, s. 89 (Eng.)

89 Speeding offences generally


(1) A person who drives a motor vehicle on a road at a speed exceeding a limit imposed by or under any enactment to which this section applies shall be guilty of an offence.

(2) A person prosecuted for such an offence shall not be liable to be convicted solely on the evidence of one witness to the effect that, in the opinion of the witness, the person prosecuted was driving the vehicle at a speed exceeding a specified limit.

The above excludes motorways, obviously, and does not mention a requirement for a calibrated speedo, just more than one witness. That could be (and often is) two police officers.

hudsonb202

If it was a speeding ofence then I would plead guilty but as it says due care an attention would u plead not guilty ?

sarahg1969

hudsonb202 wrote: »

If it was a speeding ofence then I would plead guilty but as it says due care an attention would u plead not guilty ?

I'd not post any more on here, and go to the forums at pepipoo.com where you'll get some advice from its knowledgeable members.

sassy_one

sarahg1969 wrote: »

"Makes me laugh certain posters here know nothing about the law!" Oh, the irony. :rotfl:

You are both wrong.

The opinion of two officers is sufficient evidence. Or a calibrated speedo and one officer.

However, if you are on a motorway, no calibrated speedo is required, and the opinion of only one officer is adequate.

Of course, it's up to the magistrates to decide if they believe the evidence of the officers.

Road Traffic Regulation Act 1984, Ch. 27, s. 89 (Eng.)

89 Speeding offences generally


(1) A person who drives a motor vehicle on a road at a speed exceeding a limit imposed by or under any enactment to which this section applies shall be guilty of an offence.

(2) A person prosecuted for such an offence shall not be liable to be convicted solely on the evidence of one witness to the effect that, in the opinion of the witness, the person prosecuted was driving the vehicle at a speed exceeding a specified limit.

The above excludes motorways, obviously, and does not mention a requirement for a calibrated speedo, just more than one witness. That could be (and often is) two police officers.

Please ignore this advice
It is completely and utterly wrong, it's the thought of Monday starting work tomorrow bringing this incorrect advice

lamplighter2

just read a post above which says everthing so will not add my veiws.

Coveredinbees!!!!

hudsonb202 wrote: »

If it was a speeding ofence then I would plead guilty but as it says due care an attention would u plead not guilty ?

No never would.