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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70511
Experience:  Over 5 years in practice
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What is the likely outcome of a Failing to stop when directed

Resolved Question:

What is the likely outcome of a Failing to stop when directed by police Section 35 prosecution? Is it worth contesting ? It was at the scene of a road closed due to accident, the officer was not giving clear directions to the traffic and I turned off the road which now I am being prosecuted for.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What direction was he giving?
Customer: replied 2 years ago.
Hi Jo,
Thanks - he was in the centre of the road and appeared to be saying do not come straight on - as this was where the accident was further along the road, I turned off right into a side road as this was the only alternative.
Rebecca
Expert:  Jo C. replied 2 years ago.
Are you asking if you should plead guilty?
Customer: replied 2 years ago.
I guess so, even though the direction wasn't clear I believe it will probably be my word against theirs!
Expert:  Jo C. replied 2 years ago.
Was this a raised hand ?
Customer: replied 2 years ago.
Not a clearly raised hand, and the person was moving around in the road so not a clear signal
Expert:  Jo C. replied 2 years ago.
You can defend on that basis.
The only test is whether or not the correct signal was given. If it was then that is made out whether or not you understood what was meant. If it was not then the offence falls.
However, you are right, if this comes down to his evidence over yours then probably his evidence will be accepted I'm afraid.
It depends whether or not you are prepared to risk costs.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Thanks Jo, if you could clarify please that resulting from a guilty plea the outcome is a fine & points generally.
Expert:  Jo C. replied 2 years ago.
Yes, it just carries a fine and points.
it is only 3 points.
There would also be costs of £85 and a court charge of £180.
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