Dangerous driving charge-help!

[bonnielassie]

9pm last night I drove thru roadworks on dual carrigeway where 40 limit applies. I think I may have speeded up in anticipation of the 70 limit sign at end of roadworks, at most it would have been for 3-400 yards. In the 70 zone I then noticed a vehicle behind me flashing lights, thinking it was an ambulance I did nothing initiall. it was then behind me with its headlights full on and although it looked nothing like a normal police van/car (it looked like one of those vehicles you can puta wheelchair user in ther back off) I did not stop immediately, when I realisedit was the police I indicated to pull over and did so when I thought it was suitable place where I would not cause obstruction on the dualer. I was very cooperative. They said I was driving at 'speeds up to 80' in a 40 limit which I disputed but (stupidly) I said if they were saing that it must be true. I was unable to say exactly what speed I was driving at and explained that could be because I was talking to my daughter who was a passenger. They viewed this as a distraction & with it being dark and some rain falling, and me not stopping sooner they charged me with driving without due care and consideration. I was shocked, scared and the WPC was a bit aggressive so I accepted what they were saying as they told me it may go in my favour with the Procuarator Fiscal if I acknowledge guilt now. In cold light of day I realise my emotional responses at the time influenced how I dealt with the matter and responded to the police. There wasno alcohol involved! I have nowdiscovered that the Police are charging me with dangerous driving- isn't that an automatic ban if I'm found or plead guilty? I think that is excessive given the circumstances and I'm now querying if they have evidence that I was doing 80 other then the word of the 2 bobbies. My only other offence is spent- I did 50 in a 40 zone 6 years ago. I'm going to consult a solicitor but any other helpful ideas on how best to deal with this? i'm in bits.

[Whickerman]

In parts of the USA there's an automatic doubling of penalty if you speed in a work zone... Just thought I'd start with that.

So you admit:
-speeding, (further, speeding in a work zone)
-being distracted,
-seeing a flashing light (but didn't pull over because you thought it was just an ambulance)

Think that lot through.

In effect, you broke several laws and given the dark wet conditions I'm struggling to see why you feel hard done by. Put your hands up and say "yes, fair cop".
Some patrol cars have cameras in them by the way, which measure your speed and record it. You'll look a lot worse in court if that's produced as evidence if you've called the integrity of the police officer into question.

[tigwig]

sorry I can't give advice but just to say I agree with you. It sounds far too excessive to me, I didn't think this would fit into the dangerous driving category at all. Can you go to a citizens advice bureau? I don't know if they could help or not. Hope it works out ok for you and try not to worry

[NORMANTHEDOG]

it sounds to me that your driving was of a dangerous manner,and you had your daughter in the car,dont you value her life,the speed limits set in road works are for your safety and others,and it sounds to me that a period of ban would do you good and make you think a bit more in future.

[whiffey]

I think you need to grovel, seriously. I was once stopped by the police on the Heathrow perimeter track at 3am and brutally asked 'Wots your name, where you going ?' I said 'F--k off' and got arrested, spent a night in West Drayton cells and was stitched up at Feltham magistrates.

Just say sorry. In future when stopped by the police, call them all 'Superintendent'

[jno]

talking to your daughter isn't necessarily a distraction if you're asking her to help you watch the road, for instance; you only said she was distracting you from watching the speedometer, not the road. And if there was nobody actually working at the time, that might count in your favour. But you should always stop for a siren, even if you think it's only a man in a golf cart. I would have thought your driving was careless rather than dangerous, but tigwig is right to suggest you see a CAB

[redcrx]

3-400 yards before the 70 limit you were doing 40 but managed to get to possibly 80 in that space?

how can you deny that you werent driving without care and attention.

Once the flashing lights started behind you then surely you were keeping a definite check on your speed and driving just in case it was the police? Surely as it was dark you didnt know if it was police / ambulance / fire until they were almost upon you.

Dangerous driving does sound a bit harsh but if you were doing 80 and there were people working on the road then you can hardly deny it was dangerous either.

Get a good solicitor

[bonnielassie]

there was no-one working on the road. Although it was nightime and dark there were lights on the dual carriageway and the section of raod in question is a large retail centre leading into residentail area .so there were lights from there. I just accepted everything they were saying being the good citizen I am and having a healthy respect for the police. I would have come off the road if I had driven in excess of 50 even during the roadwork area due to the many bends, and I know there is a speed camera at the end of the works about 3-400 yards from the change back to the national speed limit and this is a reasonabl straight piece of road. I thought I may have speeded up there but can't be certain because like many drivers I can't say exactly what speed I was doing at all points of the journey. 80mph is in excess of any speed I would ever do and my daughter would have noticed if I did this and told me cos she is very aware of speed after a friend almost dying in a car crash. I would never do anything to endanger my daughter. Careless yes but dangerous I don't think so. Does everyone speeding at night in rain get done for dangerous driving?

[bonnielassie]

Another related question- can I be charged with careless driving by the police and then for them to change the charge to dangerous driving?

[jno]

doesn't sound as if you actually endangered anyone, which suggests you might be able to argue against a charge of dangerous driving, though a lot will depend on local custom among police and courts. Have you received an official notice of the charge yet? If so, it would probably be a good time to find a CAB for some more informed advice, or a solicitor.

[bentleyperry]

dangerous driving is questionable...driving without due care and attention (you nattering to your daughter) could be a possabilty and could be (in their eyes) the reason why you were speeding (?)....whiere is your speeding ticket is the first question I would ask as according to your version of events the officers made an accusation of speading..lokks to me like they can prove that so had to justify pulling you....get good brief who deals with traffic offences.....were you charged or cautioned

[bonnielassie]

no speeding charges. was charged last night with careless driving but this is now changed to dangerous driving apparently tho I wasnot cautioned or charged with that last night. Can they do this?

[iheartruby]

Were the flashing lights coming from their headlights or were they the blue lights on top of their car / in the grille?

If they were flashing you with their headlights I would say that in itself could constitute as dangerous!

I'm sure there are procedures that police must follow when stopping you and I'm not certain that's the correct manner that they should try to stop you! Look into it - they're not always right - and neither am I for that matter hehehe - just think it's worth thinking about.

[mrs_overall]

I don't see how this can be classed as dangerous driving. How did they decide your speed was 80mph? If they were only using THEIR speedometer to guess your speed, the first question I would be asking them would be "when was your speedometer last calibrated?" and ask for written proof.