3. DashCam Footage Sent to Police - Careless Driving - Help?
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Major_Tester

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DashCam Footage Sent to Police - Careless Driving - Help?
« on: November 25, 2024, 12:56:28 pm »
Hi Guys,

I've received an NIP for driving without due care and attention. This person was driving erratically around me while i was in lane 3 and swerved right in front of me which forced me to brake, i reacted (wrong thing to do i know) by undertaking in lane 2 and slotting back into lane 3 to take my position back, anyway that footage has been sent to the police and now i have an NIP.

Does anybody know if there is a way out here? Am i likely to get Points or is it going to be a driver awareness course? I have had a clean licence my whole life and feel its unfair for me to get penalised for something like this?

Any help would be much appreciated.
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andy_foster

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Re: DashCam Footage Sent to Police - Careless Driving - Help?
« Reply #1 on: November 25, 2024, 03:22:49 pm »
Did they send the entire footage to the police, or did the pervert the course of justice by sending just the bit that shows them as the innocent victim?
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666

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Re: DashCam Footage Sent to Police - Careless Driving - Help?
« Reply #2 on: November 25, 2024, 03:47:47 pm »
OP, the other driver was "erratic". So do you think that overtaking him on the wrong side was safe? Or the action of a "careful and competent driver", which is the test for careless driving?

As Andy suggests, the TP's video may make him appear blameless. But even if it were to incriminate him, that wouldn't necessarily help you.

Anyway, the outcome will depend on how seriously the police and/or court view the offence.
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andy_foster

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Re: DashCam Footage Sent to Police - Careless Driving - Help?
« Reply #3 on: November 25, 2024, 04:07:40 pm »
Quote from: 666 on November 25, 2024, 03:47:47 pm
As Andy suggests, the TP's video may make him appear blameless. But even if it were to incriminate him, that wouldn't necessarily help you.

If the TP's video, as submitted, is materially complete, then the TP's bad driving won't excuse a "punishment overtake". However, that's not where I was going with my question.
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The Slithy Tove

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Re: DashCam Footage Sent to Police - Careless Driving - Help?
« Reply #4 on: November 25, 2024, 04:51:32 pm »
Quote from: andy_foster on November 25, 2024, 03:22:49 pm
Did they send the entire footage to the police, or did the pervert the course of justice by sending just the bit that shows them as the innocent victim?
The police are unlikely to act at all unless the video includes enough time before and after the "incident" to be sure the displayed behaviours are just an unprovoked, isolated event. Then again, if it was this other, erratic driver submitting the footage, maybe they are also in receipt of an NIP.
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Major_Tester

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Re: DashCam Footage Sent to Police - Careless Driving - Help?
« Reply #5 on: November 25, 2024, 05:04:34 pm »
Quote from: The Slithy Tove on November 25, 2024, 04:51:32 pm
Quote from: andy_foster on November 25, 2024, 03:22:49 pm
Did they send the entire footage to the police, or did the pervert the course of justice by sending just the bit that shows them as the innocent victim?
The police are unlikely to act at all unless the video includes enough time before and after the "incident" to be sure the displayed behaviours are just an unprovoked, isolated event. Then again, if it was this other, erratic driver submitting the footage, maybe they are also in receipt of an NIP.

i think this is what happened. he cut me off in lane 3, i undertook and got my position back. we carried on driving for another 10mins. he caught back up at this point i was in lane 2, he cut across me slowly again in lane 2 i then repeated to take position back and when i did he indicated back to lane 1 and slowed down.

essentially he knew how i would react as it was just a role play of what happened 10mins before but the second time he acted innocent and dropped back after i took position back
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Logician

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Re: DashCam Footage Sent to Police - Careless Driving - Help?
« Reply #6 on: November 25, 2024, 05:10:31 pm »
Quote from: Major_Tester on November 25, 2024, 12:56:28 pm
I have had a clean licence my whole life and feel its unfair for me to get penalised for something like this?


The thing is, you are not being assessed for the standard of your driving over your whole life or even over this journey, but for a very brief period when this incident occurred. You know that you should not have overtaken on the inside, even if the other party's driving was erratic and provocative. By all means point this out as mitigation, but if the police persist, you would be wiser to accept an out of court offer than defend a charge in court, because if you do that and lose the consequences will be considerably more serious. In a situation where there is fault on both sides, it tends to be the party who first complains to the police who wins, unfortunately.
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mickR

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Re: DashCam Footage Sent to Police - Careless Driving - Help?
« Reply #7 on: November 26, 2024, 11:17:48 am »
you posted..
Quote
This person was driving erratically around me while i was in lane 3 and swerved right in front of me which forced me to brake, i reacted (wrong thing to do i know) by undertaking in lane 2 and slotting back into lane 3 to take my position back, anyway that footage has been
this could easily be the commentary from a race!
you actions following this are worthy of the vid being submitted to plod. what you won't know is if the other party has also recived a nip for his part.
on the face of it I don't see you have any avenue to contest.
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andy_foster

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Re: DashCam Footage Sent to Police - Careless Driving - Help?
« Reply #8 on: November 26, 2024, 12:20:07 pm »
Quote from: The Slithy Tove on November 25, 2024, 04:51:32 pm
The police are unlikely to act at all unless the video includes enough time before and after the "incident" to be sure the displayed behaviours are just an unprovoked, isolated event. Then again, if it was this other, erratic driver submitting the footage, maybe they are also in receipt of an NIP.

Before the police started to get kick backs for selling courses, they might have been unlikely to process an inadequate report or a weak case. Since the new funding model, not so much.
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