I have been issued a Sec 59 Road Traffic Act when I don't think it was my fault?

Question

i have been pulled by the police and issued a sec 59 of the road traffic act for something that in my eyes wasn't my fault.

pulling out of a petrol station stopping at the line to give way to another car coming in the direction that i wanted to go in, i pulled out from the petrol station and started driving down the road at 30mph, the road then goes to the national speed limit where the other car i had previously give way too was still doing 30mph, after checking it was safe to overtake i set about the manoeuvre, after accelerating to just over 40mph the driver at the side decided to put their foot down to hold me out. realising what the other driver was doing i looked at dropping back behind the car, but they had other ideas, they slowed down so i wasn't able to get back in behind, i then managed to get in front of the other car who was keeping me on the other side of the road and then noticed a police mobile unit van coming in the other direction, i completed my journey and the police pulled up, they told me my rights and set about checking my details, everything come back fine, i then gave my account of what had just happened to the police officer, a few min's later the officer come back and had said that i was going to be issued a sec 59 of the road traffic act and that i would need to get a solicitor as i would be taken to court. i came away with no paperwork off the officers and hadn't been breathalysed

even though there were witnesses in my vehicle who have backed up my account and the police officers witnessed the last few seconds of the incident they said the car did nothing wrong.
please would you be able to shed some light on the sec 59 and if anything can be done to the car who held me out on the opposite side of the road.

Thank you in advance

Answer 1

It seems clear the officer who witnessed the events felt you were in fact racing the other car.



Witnesses in your car are not independent and therefore their account would be discounted.



As has been pointed out, a warning under s59 is not a prosecution and just remains on your PNC (not criminal) record - if you're caught driving antisocially again you may lose your vehicle and be prosecuted.



Did the officers say to you that they were reporting you for consideration for prosecution for the offence of using a vehicle in a manner causing alarm, distress or annoyance?



If you're unsure, you will just have to wait to see if you get a summons to court. If you do receive a summons you may wish to check if you have free legal cover for motoring offences provided as part of your car insurance policy.

Answer 2

You say you didnt get any paperwork? You have to sign the sec 59 copy and his copy also so he didnt give you anything its hard to see how this is a sec 59 breach as without the paperwork there can be no marker on the PNC. Nor do you get taken to court for your first sec 59 breach, the second one is where the police take your vehicle and then prosecute for further offences i.e. carelss driving etc

Answer 3

I would agree with everything CHAMPER has said. There should be a warning marker on PNC ( Police data base ) stating that your vehicle has the section 59 warning against it. If you were to come to Police attention again over something 'antisocial' they could seize your vehicle.



It is possible that you may have been reported for careless driving instead, in which case you will have a summons come through the post in the next week or two. If you don't get a summons then your not going to court.



P.S in relation to the above answer, you won't have a custody record as your were not arrested. Custody records are only created for people in 'custody'

Answer 4

Sounds like you were in fact issued with a Section 59 warning. That doesn't go to court and you won't require a solicitor. You have been formally warned, that is all



I suspect the officer actually told you that he COULD have taken you to court for careless driving, in which case you probably would have wished to consult a solicitor. Unless he DID intend to take you to court, in which case you wouldn't have been issued a Section 59, just told of his intentions..



Don't forget, the officer acts on what he saw, not what might have happened earlier, and your witnesses in the car are of little benefit.

Answer 5

Been here and gone to court. Presented a good clear case. Got a fine but was lucky to get away with no endorsement. Depend on the day and the Judge. Your Clean Driving Licence will stand by you. But don't be too critical of the Police when giving evidence. Most if not all Judge's will consider them to have only been doing their job.

Answer 6

"i came away with no paperwork off the officers " - you have to request a copy of your custody record.



Section 59: Vehicles used in a manner causing alarm, distress or annoyance



What sub section did they do you under?

Answer 7

Reads like a lack of clear, decisive and positive action on your part, even if other driver was being a prick a.d attempting to prevent you overtaking/ pulling back in.

Answer 8

LOL at Abhishek Rao, it was a possible sec.59 traffic violation. He wasnt smuggling people into the country for sexy time.

Answer 9

imma say that you gon hafta go to cort and argue. Just argue wiht them and tell htem you ain't defy no law.



imma let you finish, but imma tell you, you gon' need to go to cort and u may hafta go to traffick school for trafficking