3. NIP for dangerous driving because a cyclist reported me
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NIP for dangerous driving because a cyclist reported me
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I pulled out of a giveway junction, and the cyclist from the major road (who wasnt even past the junction) got me on tape for pulling out in front of it. In the video evidence, there was enough distance for me to oull out, which i did slowly and safely. But the cyclist (which looked to be going fast on a 20mph zone) didnt even slow down until she got right up behind my car, and reported it.

Whats the best action? This is my first offence, and I’m getting done for section 3 of the road traffic act 1988. My thought was to appeal, however if it’s likely I dont get points and that its just a fine/course then I’ll do that.
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Re: NIP for dangerous driving because a cyclist reported me
« Reply #1 on: »
You cannot appeal at this stage as you have nothing to appeal against.

Section 3 of the RTA is the less serious careless driving, not dangerous driving. Although there is only one word different in the legislation, there's a considerable difference in the likely outcome.

Presumably you have a "request for driver's details". You must respond to this or you commit a separate offence which carries six points. After you've done that you will have to wait to see what action the police take.
« Last Edit: July 19, 2024, 08:05:11 pm by NewJudge »
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Re: NIP for dangerous driving because a cyclist reported me
« Reply #2 on: »
Did you pulling out in front of the cyclist cause them to alter course or speed?
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I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.
Re: NIP for dangerous driving because a cyclist reported me
« Reply #3 on: »
If you caused another road user (who had priority, already being on that road) to alter their path (or brake), on the face of it that was careless driving. From your account, the issue was not that so much that you pulled out in front of the cyclist, but that having done so, you proceeded not to pick up speed.
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Re: NIP for dangerous driving because a cyclist reported me
« Reply #4 on: »
Once you confirm you were driving the police will either offer a course, a fixed penalty or take it direct to court, there is no opportunity to ‘appeal’ or defend at that stage.

A cycle doesn’t slow down very quickly, so it’s likely he stopped pedalling and you caused him to brake either by pulling out to close in front or not accelerating fast enough. While not dangerous driving that’s pretty much the definition of careless driving.

It takes quite some effort to get much over 20mph on the level on a cycle, just because you misjudged his speed doesn’t mean he was going too fast, even if he was exceeding 20mph you are still meant to drive with due care and attention.
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There are motorists who have been scammed and those who are yet to be scammed!
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Re: NIP for dangerous driving because a cyclist reported me
« Reply #5 on: »
And the cyclist was not subject to the 20mph limit anyway.
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