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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Visited by a police officer at home who says he videoed me

Resolved Question:

Visited by a police officer at home who says he videoed me undertaking and speeding (89mph M3), he said he believed I had gone faster but got stuck behind the vehicle I allegedly undertook. Once he confirmed I was driving vehicle he cautioned me and told me he intended to file for prosecution against speeding and driving without due care and attention. What is likely consequence. I don't currently have points.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this
For now please let me know whether you accept the offence?
Customer: replied 1 year ago.
not sure I understand the question? Do you mean did I accept on camera when the officer was in my home that I had committed the two offences? If so I didn't, I confirmed my name and that I was driving the car at the time and in the area in question, I then asked some questions about the allegation and apologised if what the officer alleged to have seen and recorded was as he described wreckless. I do recall undertaking a red van after some 20 mins of being sat behind it and the car choosing not to move into a clear middle lane, I don't recall what speed I was doing but I do drive a car which accelerates quickly. What was unusual was the officer said he had two complaints from the public also (unusual given offence was around 1800 and he was at my home by 1900) and said he knows I was going faster than the 89mph he would enter but got stuck behind a car so couldn't get a clearer view. I asked if he got stuck behind the car he claimed he had seen me undertake and whether he had picked that vehicle up on inappropriately occupying a lane. He said he had pulled that vehicle over and I imagine that these are the two public complaints he referred to. I asked him this and he said he couldn't reveal evidence at this stage. GIven how worked up/ nervous he appeared to be at my home, I got the impression he had seen the alleged offence, wanted to clock me going as he described faster than the 89mph, got blocked by the same van, pulled it over and seems to have been provided fortuitously with two public statements. I think he was pretty determined to get me which is why he then proceeded to turn up at my home. I asked if it was normal procedure to turn up at a home as opposed to processing and issuing me with a NIP, he said he was doing me a favour......
Expert:  Ash replied 1 year ago.
Do you accept you were speeding please
Customer: replied 1 year ago.
If the officer is accurate in his claim that he recorded me doing 89mph then I guess that will become clear in dude course once I receive the NiP paperwork . I am little confused by the question you are asking as I am seeking some guidance on plausible range of consequences if the alleged offences are successfully prosecuted, you appear to be asking me to confirm whether or not I agree with the charges.
Expert:  Ash replied 1 year ago.
Forgive me I just needed to be clear.
Momentary lapse for careless driving is 3-4 points, loss of control 5-6 points.
Speeding would be 3 points.
However points are not constructive, ie you wouldn't get say 3 points for careless and 3 for speeding being 6 points, they are concurrent, so the maximum points for whatever you are sentenced so 3 points in the above example.
Plus a fine of course, linked to how much you earn.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thanks so If I read that right, if the speeding and undertaking were part of the same manoeuvre the points would be what ever would apply for that offence, not the aggregate of points for speeding (x points) plus driving without due care and attention (y points)? Unless of course the officer is claiming speeding followed by an undertaking event in which case they would be in aggregate?
Expert:  Ash replied 1 year ago.
Well even then no. It's part of the same Offendinf so points will be concurrent. Not aggregate.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.

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