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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 19880
Experience:  Solicitor
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I was given a roadside enforcement notice. I wish to know if

Customer Question

I was given a roadside enforcement notice. I wish to know if I was at fault. Can you help?
JA: Where are you? It matters because laws vary by location.
Customer: The UK.
JA: What steps have you taken so far?
Customer: I have spoken Constatble and informed him that I will seek legal advice in relation to this matter.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No.
Submitted: 17 days ago.
Category: Law
Customer: replied 17 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 17 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 17 days ago.
I need more information.
Expert:  Jamie-Law replied 17 days ago.

Hello, my name is ***** ***** I will help you. I am just reviewing your question.

Hopefully, we can get this resolved quickly.

I will try and answer your question promptly, but as this is an online service there can be delays.

Don’t worry you do not have to wait here for an answer and you will get an email when I respond.

Now let me just take a look and your question and I will see if I can provide an answer for you.

Expert:  Jamie-Law replied 17 days ago.

I understand you want to check about an enforcement notice.

Please explain the situation a little more?

Customer: replied 17 days ago.
Thank you for your time. I began to overtake a vehicle across a bro***** ***** line, the road was clear in the opposite direction and there were no cars in front of the car in my lane.
Customer: replied 17 days ago.
The car momentarily matched my speed which prolonged my time in the on-coming lane. When I completed the manoeuvre the line had become solid on my side (direction of travel) with a bro***** *****ne outside of that.
Customer: replied 17 days ago.
The roadside enforcement notice is for a fine and three points.
Expert:  Jamie-Law replied 17 days ago.

Ok - as a matter of law then you have broken it.

You should not touch a part of a solid line unless someone is travelling less than 10mph and you need to overtaken.

What you should have done is slowed down.

As such, based on what you have said, you have committed an offence.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest

I hope that my reply helps.

Can I clarify anything for you about this today, please?

If you need anything further I am available for a follow up at no extra cost.

Expert:  Jamie-Law replied 17 days ago.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you.

Customer: replied 17 days ago.
My problem is that now I have two conflicting opinions from two legal persons. The previous one was of the opinion that as I began the manoeurve legally across bro***** ***** lines.and it would be perverse to stay in the on-coming lane that there is a counter argument.
The Road Traffic Order states "If a person, without reasonable excuse, contravenes an indication given by a traffic sign which is..."
Customer: replied 17 days ago.
I read the road as i could see it not contravening the markings that were visible.
Customer: replied 17 days ago.
Also if I had an "excuse' as set pot in the Order the acceleration by the vehicle being overtaken seems plausible, what do you think?
Expert:  Jamie-Law replied 17 days ago.

I disagree. If you have already had an opinion from someone then what you can do is contest it. Just because you begin it, does not mean to you can carry it on.

The matter will go to Court.

You can plead not guilty.

It would then be for the Police to show you were guilty of an offence,

You would then be able to ask the other person to represent you in Court.

I hope that helps.