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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice.
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I was caught speeding at around 32mph on a 30mph road in a

Customer Question

I was caught speeding at around 32mph on a 30mph road in a Built-up area (in England). I was also driving too close to the car in front. This was via a policeman holding a handheld radar gun. However he did not hold out his hand to stop me so I continued driving but I saw him watching me driving away afterwards. This was 2 days ago. Nothing has happened since. My question is, should I have stopped? What will happen to me if I should have done? What will also happen regarding the speeding and driving close to the other car?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you think you should have stopped?
Customer: replied 2 years ago.
Aside from the speeding and tailgating, no, there was no other reason for me to stop. Is it or is it not a legal requirement for me to stop if the policeman has not indicated to me to do so? I.e. Will I get into trouble for not stopping even though I was not requested to do so. What penalties can I expect for the speeding and tailgating? All this happened in England.
Expert:  Jo C. replied 2 years ago.
No, you don't have to stop unless an officer indicates that you should.
He does have the power to stop you for this offence but if he did not then he did not.
He could send you a NIP for speeding or driving without due care. I would expect a prosecution for one or the other. Both would be overkill. Either way though, it would only lead to points and a fine.
If the tailgatting was very severe then they could charge you with driving without due care but that would only carry 3-6 points and a fine.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Ok, thank you. It is very reassuring to know that I have not done anything wrong regarding not stopping at least. Regarding the speeding and tailgating, is it a definite that I will be penalised? If yes is there any time limit the police have to meet in terms of prosecution? When you say prosecution, will I be taken to court? Or might I get lucky and not here anything further: but when would I know that in terms of a cut-off point? Finally, I have heard that sometimes you can choose to go on a speed awareness course instead of receiving points, does that depend upon anything e.g first offence (this is) and would you still receive a fine as well? Thank you.
Expert:  Jo C. replied 2 years ago.
Do you know you were doing 32 mph ?
I am just offline for about an hour but will be back soon.
Customer: replied 2 years ago.
It was above 30mph but definitely below 35mph: I know for sure as I immediately checked the speedometer when I first noticed the policeman. It was around 32/33 but I cannot say for sure but I can definitely say it was below 35mph. Regarding the severity of the tailgating I wasn't driving bumper to bumper but I was closer than I should have been. I am assuming that if I do hear further it will be via post? I am the registered keeper of the car. Thank you.
Expert:  Jo C. replied 2 years ago.
It if was less than 35 mph then they might not be able to prove it.
What they might do is pursue you for driving without due care if the tailgatting was severe.
They will have to send out a NIP within 14 days or they will be out of time.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your help. Please can you just answer the two outstanding questions regarding does a prosecution definitely mean having to go to court? And what is the likelihood of being offered a speed awareness course instead of points (and also do you still have to pay a fine as well regardless of receiving points / going on the course?) Thank you.
Expert:  Jo C. replied 2 years ago.
The speed awareness course wouldnt be appropriate if the allegation is driving without due care.
If it just speeding then they could offer it or the fixed penalty.