I received a letter through the post the other day for a court summons after receiving a section 59 warning last October. It states: Officers have observed the vehicles being driven in an anti social manner, the occupants appeared to be racing each other… driving along the one way section at speed.
The road in question is a two lane one way street. The cars which were involved was my own and a work friends. We had both just finished a shift at work and on our way home.
They explained what had happened and stated they had observed us racing and swerving in the road (and also said my work friend was in front and I was following, which is untrue as it was the other way around.
The explanation I gave for the ‘swerving’ is that there is a sunken manhole in the middle of the two lane road maybe 2 inches deep, so, as always (if it was clear to do so) I would drive in the middle for that particular section as to miss the grid and not damage my car and my friend also did the same as it was a well known problem.
I also stated we weren’t racing, merely driving the same way home from work. Their reply was “we can either give you this section 59 warning, which means if you get another in the next 12 months you can have your vehicle seized, or we can sort it out down the station”
It seemed much easier at the time to agree and take the warning to save from all the hassle as I just wanted to get home from work. They had no print out ticket for speeding.
You maybe able to persuade the court that it is an abuse of process argument to pursue this matter in light of the fact that you were told that the warning would be the end of the matter…As it stand the police have to prove that the standard of your driving fell below that of the reasonable and careful driver. Has your friend been summonsed too?
On the basis of what you have said you have a defence to this due care and attention offence. You were neither racing or swerving erratically. There was a reason for the swerving and any other driver may have done the same in order to avoid damage to their vehicle.
If you are willing to do the driver improvement course as an alternative to prosecution then that maybe a different method of getting this matter withdrawn.
Have you got any points already? You are at risk of 3-9 and if the police convince the court you were racing you could be at risk of a discretionary ban.
How long have you been driving? Tell me more.