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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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A police car came up behind me, lights flashing then drew up

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A police car came up behind me, lights flashing then drew up beside me, I told them I wanted to stop somewhere safe so carried on up the road but then stopped for them when they again drew up beside me and started shouting at me to stop. They are charging me for 'not stopping' and are claiming that I said "I will not stop for anyone". This is untrue. I don't want to go to court over it but what do you think I should do? I am a teacher and afraid that I will be struck off the General Teaching Council.
Alex Hughes : My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Alex Hughes : Why did they want you to pull over in the first place?

They said I was speeding at 46. I was travelling on a stretch of road that I am unfamiliar with, I've since found out that it's notorious for having its speed limit chop and change and people are always getting caught on it. I entered the road when the speed limit was 50 mph. They claim it was on a stretch set at 30.

Alex Hughes : Have they prosecuted you for either speeding or fail to stop?

I am being prosecuted for both. I accept that I must have been speeding. It's the other offence that I'm more worried about. I don't want to go to court, but if I plead guilty how will it affect my life and career?

Alex Hughes : Failing to stop for a police officer attracts a fine only. No points. Speeding on the other hand carries points. Both are, of course, criminal offences and could appear on a DBS check. I have never known a person in your position to be sacked for what are relatively minor traffic offences.

That makes me feel a lot better. I should have mentioned that I live in Scotland - Scots Law is different but would you imagine things to be quite similar here?

Alex Hughes : I would hazard a guess that the Teaching Council has more serious issues to consider than someone with motoring offences.

Phew! I think I am just blowing things out of proportion in my head and imagining myself being disqualified from driving and losing my job. I called a local solicitor and he said that I shouldn't plead guilty because in his eyes I am not guilty. However, I don't want to go to court and in my mind the easiest thing would be to plead guilty. The other thing that Ikeep thinking about it if someone googles my name - will the court case show up? I'd be horrified if it did.

Alex Hughes : The Road Traffic Act 1988 applies in Scotalnd although the procedure for dealing with criminal cases is different. The same penalties apply.

That's good news then.

Alex Hughes : If you fight the case the costs and fine will increase if you lose. However, by pleading guilty you keep the court costs, including any legal costs, to a minimum. Thr solicitor is right - if you're not guilty you should fight the case. But sometimes you have to take a pragmatic view of things.
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