Court summons for speeding - advice please

funkycoldribena

SHIPSHAPE wrote: »

No, I'd say your other half is incapable of driving in a foreign country considering his incompetence in the UK.

Take a coach instead.

So going 5 mph over the speed limit makes him incompetant?
You really are a sanctimonious £$%^.

ManxRed

SHIPSHAPE wrote: »

The OP asked for advice on a prosecution, I responded by advising how to avoid one in the first place.

Unless the OP has a time machine, your advice was completely and utterly useless.

Well done. I bet you feel a lot better though.

bargepole

SHIPSHAPE wrote: »

The OP asked for advice on a prosecution, I responded by advising how to avoid one in the first place.

If you see that as pathetic then that says more about your driving ability and your input.

You reinforce this by your mistaken belief that 'normal' people undertake on a motorway.

You couldn't make it up.

No need to make it up - here is what the Highway Code says:

268

Do not overtake on the left or move to a lane on your left to overtake. In congested conditions, where adjacent lanes of traffic are moving at similar speeds, traffic in left-hand lanes may sometimes be moving faster than traffic to the right. In these conditions you may keep up with the traffic in your lane even if this means passing traffic in the lane to your right. Do not weave in and out of lanes to overtake.

Also, your advice is completely flawed anyway, as there have been many documented cases of people being zapped by speed cameras when they were under the speed limit - I've been involved in a few of these, and still have the files.

In such cases, the only way to get the "evidence" is to refuse the COFP, and go for a court hearing. This can involve a lot of trouble and expense (expert video analysis, for example) which you only get back once the charge is dismissed, or the prosecution discontinue the proceedings.

mikey72

bargepole wrote: »

No need to make it up - here is what the Highway Code says:

268

Do not overtake on the left or move to a lane on your left to overtake. In congested conditions, where adjacent lanes of traffic are moving at similar speeds, traffic in left-hand lanes may sometimes be moving faster than traffic to the right. In these conditions you may keep up with the traffic in your lane even if this means passing traffic in the lane to your right. Do not weave in and out of lanes to overtake.

So you're saying, according to the highway code, it's ok to overtake the Rover 416, driving in the middle lane of the motorway at 65mph with the driver wearing stringback driving gloves, hat and pipe, and it's perfectly legal. You confirm you can't be prosecuted?

give_them_FA

You are talking to professionals in this field. In fact if you are familiar with the M25 on many sections it tells you to stay in your lane; meaning that you can if the traffic situation requires it (vehicles in lane to your right proceeding more slowly) overtake on the left. The Highway Code, as demonstrated, advises you not to move left in order to overtake; however this does not have the force of law.

You will, however, need to move left if there are vehicles parked in the right hand lane. This happens quite frequently on the M25 as well.

mikey72

give_them_FA wrote: »

You are talking to professionals in this field. In fact if you are familiar with the M25 on many sections it tells you to stay in your lane; meaning that you can if the traffic situation requires it (vehicles in lane to your right proceeding more slowly) overtake on the left. The Highway Code, as demonstrated, advises you not to move left in order to overtake; however this does not have the force of law.

You will, however, need to move left if there are vehicles parked in the right hand lane. This happens quite frequently on the M25 as well.

So that's two on you saying overtake middle lane hoggers on the left?

bargepole

mikey72 wrote: »

So you're saying, according to the highway code, it's ok to overtake the Rover 416, driving in the middle lane of the motorway at 65mph with the driver wearing stringback driving gloves, hat and pipe, and it's perfectly legal. You confirm you can't be prosecuted?

Depends on the circumstances. If there was, for example, a steady stream of traffic in lanes 1 and 3 doing 70, and our self-righteous old duffer was holding up lane 2 at 65, then rule 268 would apply.

I would never confirm that you "can't" be prosecuted, as the capacity of the Police and CPS to get it wrong should never be underestimated, but if it was me I'd go to court and be confident of winning.

give_them_FA

There's no specific traffic act offence outlawing overtaking on the left. Where the police might deem it careless, inconsiderate, or dangerous, they have to charge it under those sections.

Personally I would never overtake on the left if I had the option to go right, I should clarify.

mikey72

bargepole wrote: »

I would never confirm that you "can't" be prosecuted, as the capacity of the Police and CPS to get it wrong should never be underestimated, but if it was me I'd go to court and be confident of winning.

I don't know, on your stats in your sig, you've been been wrong in 1 out of 6 cases, so I'll hold off for now.

give_them_FA

That is a damn good track record on speeding cases, which, as it is an absolute offence, is one of the most difficult to successfully dispute.