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I was riding on a motorway and filtered between lanes two and three on the motorway.

I’m sure the driver in lane three moved to her right so I could filter through. Once past her I sped up from 70mph to 95mph. As I’m a safe rider I wanted to make sure I was well in front of her.

At that point the blue lights went on behind me and I got pulled over. I wasn’t happy and told the policeman I was late for work and asked why he didn’t have anything better to do.

He didn’t say much but advised he was reporting me for dangerous driving. I told him I would see him in court. I want to defend it on the basis I was filtering and that is legal. Will I win?

Answer

As an aside, I understand the government is looking for negotiators to assist with Brexit. I wouldn’t suggest you put yourself forward as I don’t think your particular ‘style’ of communicating with people would help that situation (or any other for that matter).

As for the offence itself, this is not a case of filtering past stationary traffic at 15mph. This is undertaking at speeds of at least 70mph on a motorway.

This is text book “dangerous driving”. Therefore if the CPS can prove beyond a reasonable doubt that your riding fell far below what was expected of a competent and careful rider; and it was obvious that to ride in that way would be dangerous then a court will convict you.

If convicted it’s a minimum disqualification of 12 months and you could be locked up for a maximum of 24 months; although that is unlikely in this scenario.

Andrew Prendergast

Motorcycle Monthly June 2017

Andrew has been riding motorcycles since he was 10 years old and currently rides a GSX1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.

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