Hypothetical legal question

CatmanV2

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48,843
For the brains among you.

Imagine, if you will, a situation where a hypothetical driver is heading home of an evening in late November. It's dark, but the roads are dry affording plenty of grip should it be required.

In accordance with the laws of Italian causality it should be assumed that this driver is exploring the limits of the road and his vehicle as opposed to slavishly sticking to the laws of the land, but still not, in his hypothetical mind compromising his safety, or that of other road users.

Extend if you will your hypothesis to include a local Astra driver who, for reasons best know to himself, decides that trying to overtake our hero on a roundabout would be a good way to prove his cojones, and so takes the outside lane.

Naturally, being a mature, and experienced driver our hero continues driving in the manner, he has been, right up until he realises that Astra man actually now needs to be in the inside line, while Maser driver needs to be in the outside lane.

So they sway places, Maserman being mature and allowing Astraman in front.

Right about this point, hypothetically the blue lights start up in the rear view mirror. Both characters in this entirely hypothetical story are still traveling at maybe 10mph over the approved limit.

Astra Man goes straight at the next lights, rapidly being gained on by car with blue lights. Maser man, we can assume turns right, and thus the blue lights are no longer visible.

The question I have is this: If a situation like this had ever happened, should Maserman be at all concerned that a small brown envelope may even now be winging its way towards his doormat. Further assuming that this incident took place (hypothetically) last night, how long would Maserman have to hold his breath to be sure siad envelope will not be arriving?

TIA

C
 

safrane

Member
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16,893
Notice of intention to prosecute must be received within 21 days of the offence being discovered. ..then hypotheticay you will be in my hands for a few weeks/months to repent and gain an adverse but rational fear of showers and the perils of soap.
 
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mowlas

Member
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1,738
Hypothetically, there could be cases where such heroes may receive a brown envelope after a few months. Not that I should have any reason for knowing, but I believe such envelopes need to be presented within 6 months. I know of a hypothetical case where a hero had to wait for 3.5 months.

Under such circumstances, best thing to do is relax and not worry about until and if there is any reason to take any action.

I like hypothetical stories where the police end up going after the right guy!
 

mowlas

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1,738
Notice of intention to prosecute must be received within 21 days of the offence being discovered. ..then hypotheticay you will be in my bands for a few weeks/months to repent and gain an adverse but rational fear of showers and tbe perils of soap.

Good point, I think my hypothetical answer applies if the above has happened and a summons may be due (if a more serious offence is alleged).

More on this here... http://www.motorlawyers.co.uk/procedure/notice_of_intended_prosecution.php
 

CatmanV2

Member
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48,843
Thanks, gents. Clearly our protagonist would be waiting calmly at this point. If this story had ever taken place....

C
 

bigbob

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8,972
I suspect that the Astra had already attracted the attention of the Police so I would not worry.
 

hodroyd

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14,150
I would say hypothetically, that you were the lesser of 2 evils and they went after the one who was in their eyes behaving badly, I would forget it and put it behind you. Most Police don't mind anyone doing slightly over the speed limit, it's the nutters they want to take down..!!
 

zagatoes30

Member
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20,977
Hypothetically speaking any honest driver would turn him self in to our fine constabulary thereby saving the poor tax paying public the time, effort and postage of looking up said driver on the PNC and issuing the required paperwork and postage.

Said driver could also offer up his fellow competitor (assuming the drivers were racing - Astraman against Maserman seems likely) which would be looked up on favourably, by another tax funded wig wearing pillar of the establishment, and thereby a shorter sentence for this heinous crime.

Alternatively lock you door, tape up the letter box and sit in fear of the system catching up on you (should only take 6 months or so which would leave the rest of us safe in the knowledge that you won't turn up at any social events during that time period) :)
 

CatmanV2

Member
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48,843
A couple of points of clarification I think :)
1) At no point did I seek to imply that I was the Maserman in the story. Indeed, I have no awareness if the story even happened as told, and if anyone else mentions that 'I' should not worry, I'll sue for defamation ;)
2) Zag, your kind words have brought a lump to my throat. Or that may just be indigestion. Seriously however there was no racing. I think, as sometimes happens Astra man wanted to 'prove' something. Maserman was, as stated, simply seeking to enjoy his vehicle within the limits of his own ability, that of the car, the road conditions and the safety of other road users. As we all know, these do not *always* coincide with the conditions laid down by the blunt instrument that is our legal system ;)

C