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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69535
Experience:  Over 5 years in practice.
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my 16 year old son was going down a one way street and weaving

Resolved Question:

my 16 year old son was going down a one way street and weaving a round pot holes, and off duty police officer in his own car followed him, the next day the off duty officer checked up reg number on police computer and has now reported him for driving without due care and attrition. can he do this??
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is there any reason you think he may not be able to?
Customer: replied 2 years ago.

the officer came to see me and my wife with a road traffic form already wrote out, he said he was on his way home when he saw 2 moped riders weaving along the road, my son told him there were potholes in the road but the officer just told him to sign the form, I refused my son to sign until I seek advice. this officer had booked my son 3 months ago for riding a moped with no insurance, moped was his friends and his friends insurance did not cover my son and my sons insurance was only 3rd party.

Expert:  Jo C. replied 2 years ago.
Are you asking if he has a defence?
Customer: replied 2 years ago.

yes


 

Expert:  Jo C. replied 2 years ago.
Thanks.

Proceeding on the basis that identification is not an issue here, this will come down to the manner of the driver.

Obviously I haven't seen this officer's allegations but it doesn't amount to driving without due and attention if all you are doing is filtering around hazards in a road.

The officers may or may not be saying that he did more than that or did it at an unsafe speed. If he is then that will probably amount to driving without due care.

If the only allegation is that he was witnesses filtering though then that would not amount to driving without due care.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 2 years ago.

the officer looked up the reg number the following day on police computer, then looked at the last offence my son had then decided to book him for driving/riding without due care and attention, the other moped rider has not been reported for any thing and he is willing to go to court and say about the pot holes.


 

Expert:  Jo C. replied 2 years ago.

You need to be careful with that. The fact that they haven't prosecuted the other person concerned does not amount to a defence for the person they have prosecuted.

They probably are targeting him but thats not a positive defence.

Obviously though if you have a witness to the pot holes that would be helpful although its easy enough to prove with photographs anyway.
Customer: replied 2 years ago.

I understand that, the office never got the other riders reg number only my sons. so is ok to use the other riders statement, in a court that's if it goes to court?

Expert:  Jo C. replied 2 years ago.
No.

A statement from him is not admissible.

He has to attend and give evidence.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69535
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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