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Jo C.
Jo C., Barrister
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On the 6/9th we were stuck in a major traffic jam on

Customer Question

Hello, on the 6/9th we were stuck in a major traffic jam on the M60 motorway next to a slip road. There had been what we thought to be a major accident somewhere up ahead and the motorway was obviously closed.
After a while cars started u-turning and driving down the slip road the wrong way. After about thirty or forty we did the same. We were filmed at the roundabout and now have a notice of intended prosecution for "driving vehicle the wrong way on a motorway". At M60 SLIP JUNC 6 A/CW ON SLIP, UNITED KINGDOM.
I don't know what A/CW means, we certainly didn't have an accident.
I will have to fill and return the form I suppose as the car is registered to our company, but i really don't know what type of penalty to expect. Please can you advise?
Thank you,
Harvey Wild.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Does it refer to careless driving? Or driving without due care?
Customer: replied 1 year ago.
Hi Jo,
No it doesn't mention anything like that.
Expert:  Jo C. replied 1 year ago.
Ok.
Are you saying you literally drove the wrong way on a slip road of the motorway?
If so, for how long?
Customer: replied 1 year ago.
Yes, we were stuck in a huge jam and were next to the slip road. After about 30 minutes cars around us started turning down this slip road (no-one was joining the motorway). Obviously knowing this was wrong but not wanting to be stuck for hours, we did the same. So many cars were doing this. The slip road was short leading to a roundabout at the bottom where we were all filmed on a pedestrians iphone...
Expert:  Jo C. replied 1 year ago.
All you are being asked to do at this stage is name the driver. You do have to do that under S172 and there are offences in failing to do so. Whether they would charge you or not is another matter. Obviously there is no defence in saying that others were also doing this I'm afraid. I think it straddles between careless driving and dangerous driving. Going the wrong way on a one way area would normally be dangerous driving but actually people who reverse on motorway slip roads are regularly charged with careless driving and actually at least if people turn around they can see where they are going so I'm not sure it could be justified as any higher charge than that. It is 50-50 really. It might come down to who reviews the case and whether they exercise judgment sensibly. Careless driving carries between 3 -9 points or a ban but you will not be banned. There will also be a financial penalty. Dangerous driving does open up the sentences a bit although actually I suspect a Judge would give you much the same sort of sentence as for careless driving. Can I clarify anything for you? Jo
Customer: replied 1 year ago.
So am I correct in thinking this is likely to be a fixed penalty for 3-9 points? It says on the letter "If you fail to return and complete the document correctly, this will prevent the option of a fixed penalty being available". I'm not sure if this is just standard text.
Expert:  Jo C. replied 1 year ago.
It is standard text.
It depends who reviews it. I would charge it as careless driving which would probably lead to 3 - 9 points.
There are some who would charge dangerous driving but I think you may be acquitted for that.
Jo C., Barrister
Category: Law
Satisfied Customers: 69771
Experience: Over 5 years in practice
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Customer: replied 1 year ago.
Thank you Jo.
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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