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Hi there, Ive just read this thread with great interest

 

Customer Question

Hi there,

I've just read this thread with great interest because it also happened to me yesterday (exiting the M62 near Manchester): http://www.justanswer.com/uk-traffic-law/6w84a-observed-driving-hached-area-fork-motorway.html

I was also issued with a FPN for £60 & 3 points on my otherwise clean licence of 14 years. The same offence code of 453 was used, which as far as I can see relates to an insecure load?! Is this really an endorseable offence under this offence code or can the fine/points be avoided?

Many thanks.

 

Optional Information:
Province/Country relating to question : Greater Manchester, UK

Submitted: 308 days and 15 hours ago.
Category: UK Traffic Law
Value: £33
Status: CLOSED
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Expert:  UK-Justice replied 308 days and 15 hours ago.

Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

 

What offence were you actually committing if any?

 

Please remember to give my answer a positive rating so that I am credited for my time. Thank you.

 

The question does not close and I can answer follow up questions free.

Customer replied 308 days and 14 hours ago.

Sorry. It was basically the same offence as the person in that other thread mentioned; i.e. crossing over an area marked with diagonal white lines, bordered by solid white lines on both sides. There we no cars in the lane that I crossed into and I didn't cause a hazard to anybody.


I don't have the police paperwork with me at the moment but next to the offence code "453" it was described along the lines of "crossing central reservation".

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Expert:  UK-Justice replied 308 days and 11 hours ago.

Well you are lucky to get this.

Actually it is the more serious offence of careless driving.

This would mean a Court appearance.

You could dispute this ticket and it would go to Court.

But you run the risk of the Police also laying careless, which they would be entitled to do so.

Therefore while you could contest the ticket - my view is that you would come off worse in terms of points/fine.

I am sorry if this is not the answer you are looking for but based on what you have said, this is the legal position


Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. Thank you.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

Customer replied 308 days and 10 hours ago.

Really?? Even though it was an area between motorway exit lanes as opposed to an actual "central" reservation?

If the offence has been coded incorrectly (I.e. offence code 453, which from what I can find online relates to insecure loads as opposed to anything relating to careless driving or not adhering to road markings) is there any way in which the endorsement can be avoided? Is it possible that an admin error such as this can result in the offence being voided?

Many thanks.

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Expert:  UK-Justice replied 308 days and 10 hours ago.

As I said, even if it is not coded and you contest it - they can lay Careless driving.

They have 6 months to do this.

No - you wont avoid a prosecution all together. You can contest it, but you would have to go to Court.

The Police can't just write the ticket and offence off.


Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. Thank you.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

Customer replied 308 days and 10 hours ago.

Thank you.

Last question - is it still careless driving even though it was a divider between exit lanes as opposed to a central reservation? I can understand that crossing an actual central reservation in the middle of the road into oncoming traffic would be careless, but hopping from one exit lane to another where the traffic is heading in the same direction?

Thanks again.

Accepted Answer

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Expert:  UK-Justice replied 308 days and 10 hours ago.

Yes.

You should not cross it.

If the driving fell below the standard of a reasonable driver, then it is careless.


Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. Thank you.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

Expert TypeBarrister
Category: UK Traffic Law
Pos. Feedback: 95.9 %
Accepts: 527
Answered: 7/10/2012

Experience: Called to the Bar in 2007

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