Author Topic: NIP potentially 2 Offences?  (Read 337 times)

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Fatstan

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NIP potentially 2 Offences?
« on: September 28, 2023, 11:26:28 am »
Hi, I am new to the group.  I have just completed my NIP and was just about to send it back when I thought I would just check and get some advice.  There are two offences which I can really have no argument with other than it seems a tad harsh so I wanted to know if it was worth me trying to appeal.  So the main offence is failing to comply with lane closure signals but then also there is also contravening a reduced speed limit of 40 mph - I was clocked at 42.  My grounds for appeal would be ( and I understand that I may not have a case) is that whilst travelling on the M1 late at night (1.30 am) having just got back from holiday so had spent a whole day travelling so a little bit tired we came over a brow of a hill on the motorway and all of a sudden there were 3 X X Xs in front of us signifying lane closures ahead.  It took me a little bit by surprise and gave no indication as to how far ahead the lanes would be closed. I did see the cones gradually merging towards the outside 4th lane so gradually moved across but obviously too late and going too fast as I was flashed.  My argument is it was not very clear when to move over and gave very little notice to do so.  There was virtually no other traffic on the road and other than what could be seen via the car headlights it was pitch black.  I have no points on my licence and my job depends on keeping a clean license.  Im not sure whether they would offer me a course as there are 2 offences here (also not sure whether they intend to do me for both) What do people think should I appeal or just take whats coming to me?  Thanks in advance.

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The Rookie

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Re: NIP potentially 2 Offences?
« Reply #1 on: September 28, 2023, 12:48:19 pm »
My grounds for appeal
There is nothing to appeal right now.  You can ask them to consider information or prepare a DEFENCE for court.

is that whilst travelling on the M1 late at night (1.30 am) having just got back from holiday so had spent a whole day travelling so a little bit tired
Suggesting you were unfit to be driving is not likely to help your case, you were either fit to drive or you were not, you can't make a defence of 'only just fit but not able to drive properly'!

all of a sudden there were 3 X X Xs in front of us signifying lane closures ahead.  It took me a little bit by surprise and gave no indication as to how far ahead the lanes would be closed.
The red X has the same meaning as a red traffic light, you're not allowed to pass a red traffic light, nor are you allowed to pass a red X (in that lane) no excuses.

My argument is it was not very clear when to move over and gave very little notice to do so.  There was virtually no other traffic on the road
So you stop, or move over which should be easy enough if there was virtually no other traffic on the road.

I very much doubt the 42/40 will be progressed, just contravening the Red X.
There are motorists who have been scammed and those who are yet to be scammed!

Fatstan

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Re: NIP potentially 2 Offences?
« Reply #2 on: September 28, 2023, 01:04:10 pm »
Thanks Rookie, your answers make complete sense. What do you think my chances are on arguing that it was a little confusing as to how quickly I should move across from the red Xs as IMO there was little warning and visibility was poor? You have certainly taught me something today - that the red Xs should be treated as a red traffic light I had never heard that before.  Do you think I should just swallow and hope they offer me a course?

666

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Re: NIP potentially 2 Offences?
« Reply #3 on: September 28, 2023, 02:47:48 pm »
Thanks Rookie, your answers make complete sense. What do you think my chances are on arguing that it was a little confusing as to how quickly I should move across from the red Xs as IMO there was little warning and visibility was poor? You have certainly taught me something today - that the red Xs should be treated as a red traffic light I had never heard that before.  Do you think I should just swallow and hope they offer me a course?
The red Xs would have been visible for several hundred metres, so that is unlikely to fly as a defence.

The question of 'swallowing' doesn't arise at this stage. You can only return the form and wait to see what they offer.

As for learning something new, it's been in the Highway Code for decades. Maybe a re-read would be in order?

Fatstan

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Re: NIP potentially 2 Offences?
« Reply #4 on: September 28, 2023, 02:56:31 pm »
Thanks Rookie, your answers make complete sense. What do you think my chances are on arguing that it was a little confusing as to how quickly I should move across from the red Xs as IMO there was little warning and visibility was poor? You have certainly taught me something today - that the red Xs should be treated as a red traffic light I had never heard that before.  Do you think I should just swallow and hope they offer me a course?
The red Xs would have been visible for several hundred metres, so that is unlikely to fly as a defence.

Okay, I just dont recall having that much time maybe I did.

The question of 'swallowing' doesn't arise at this stage. You can only return the form and wait to see what they offer.

Noted.

As for learning something new, it's been in the Highway Code for decades. Maybe a re-read would be in order?

Definitely.  I have to confess I havent read it since I took my driving test and I would be too embarrassed to confess how long ago that was.  Thanks anyway.