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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64487
Experience:  Over 5 years in practice.
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Hi, I was stopped by a traffic officer this morning. On a country

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Hi, I was stopped by a traffic officer this morning. On a country road, his car was parked near a layby (which had another car in the layby) behing the police car were 5 cones. I was driving at 20mph maximum, I saw a bin wagon driving past the police car so I slowed down and followed the bin wagon. At that point, I saw the officer get out of his vehicle and wave so I immediately stopped and complied with his request. He was very aggressive and rude to me an ranted and shouted for about 2 minutes about there being an accident and people were dying somewhere else in the area and the officer was clearly visbily upset and angry. I was completely calm and complied with all his requests and apologised for not stopping but explained that I thought it was ok because I saw a bin wagon go through. At this point, another vehicle tried to go through as well. I felt the officer was being very disrespectful and trying to intimidate me and asked him to calm down. He then told me to turn around and go a different way. I was very upset by this point and simply asked him for his number and at which point he said right, for that I will put you in front of the magistrates for not complying with a police officer's request. I said I don't understand because I did comply when he asked me I also said other cars had gone through such as the bin wagon (the officer said the bin wagon was just doing his job) and another car was stopped but he said that he wanted to her more understanding because "she was elderly". He took my name and address and car registration plate. I told him that I was very upset with his intimidation and felt like he was trying to get a rise out of me. (I was fully calm and polite throughout) but he just told me to go afterwards.

I feel that if he does report it as he said that he has only done it, purely because I asked for his number and he definitely wouldn't have done it otherwise. He said many things that weren't true, such as I was speeding and driving dangerously, which simply wasn't the case. I still don't fully understand what happened or what will happen next because the officer never explained anything properly. His attitude and conduct was very poor and I felt he was trying to take out his frustrations on me. I managed to keep calm throughout tho.

Basically assuming I do get something through the door, what should my next actions be? I was never cautioned. I literally had gone 10 yards slowly past a parked police car that had cones behind it and stopped. It would be ridiculous if my unblemished 20 years of driving was tarnished and I was criminalised because of something extremely petty and especially because he is only going to report it, purely because I was expected to take a verbal dressing down. Is that what the police have become now?

Thanks in advance
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

What exactly would you like to know?
Customer: replied 1 year ago.

FOR JOMO1972



Hi,



Basically, given my account of what happened, is it likely I could be successfully prosecuted? What advice can you give on how I should proceed and what should happen if I do get a NIP through the post?



Thanks

Expert:  Jo C. replied 1 year ago.
I'm really sorry but I'm not sure what exactly his complaint was about your driving? Is it possible to summarise it? Sorry if I'm missing the point.
Customer: replied 1 year ago.

Hi sorry!


 


Basically because I allegedly drove 10 yards past his vehicle and his vehicle was apparently there to stop cars going past him. He said that I had failed to comply with a police car's request. (Even tho I stopped as soon as he waved in the rear view mirror and 2 other cars had drove past him).


 


Basically his car was intended to stop vehicles from passing but I didn't feel it was fully clear and I was driving past slowly and then stopped immediately once he waved. I don't believe he had any intentions of reporting it but purely because I asked his shoulder number because of his aggression, then then said he would report it (and only then asked for my details). I only asked for his shoulder number in case of further reprisals and feel that you should be able to ask for a police officer for their details without impunity. Can I really be prosecuted for driving 10 yards past a police vehicle and stopping as soon as the police officer waves?


 


Thanks

Expert:  Jo C. replied 1 year ago.
was he parked diagonally across the road with cones?

What was the arrangement? Just a summary is fine.
Expert:  Jo C. replied 1 year ago.
Are you ok? Can you respond?
Customer: replied 1 year ago.

hi, no he wasn't parked diaganolly and was parked straight like he was normally parked at the side of the road. It was a narrow country road but was blocking most of the left lane. He had 4 or 5 cones behind his car but there was a car parked in a layby at the side and it looked like he was assisting that vehicle. I had also seen a bin wagon carry on driving so i slowly followed that vehicle and in my mirror in saw the PC wave so i immediately stopped and complied with all requests. If i had thought the road was genuinely b


 


 


 


thankslocked there is no way i would have slowly gone past!

Expert:  Jo C. replied 1 year ago.
This is basically an allegation of failing to stop.

The truth is thats not often prosecuted in cases such as this. I've only ever seen it once and that was basically because a police Inspector had given the signal which had been ignored. If it had been a Constable it wouldn't have happened.

Failing to stop is really designed for people who make off to evade justice rather than just people who don't read the signs correctly.

In terms of whether you would have a defence, it depends whether he gave you an instruction to stop. Cones of themselves are not sufficient. Normally this is depicted by the officer raising a hand. Whether or not the driver understands the meaning of that is another matter. Most road traffic offences are of strict liability to ensure road safety.

On the face of it, I'm not sure you are saying that the officer gave you any such instruction although I imagine the police officer will probably not accept that.

Hope this helps.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64487
Experience: Over 5 years in practice.
Jo C. and 2 other UK Traffic Law Specialists are ready to help you

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