weepej wrote:
Odin wrote:
The point is that someone driving at 10 mph falls well below the standard of driving another driver could reasonably expect. Thus I would argue that she was in fact guilty of dangerous driving.
And my argument is that regardless of this, if somebody rear ended her they might also be guilty of dangerous driving.
Just because she was going at 10mph on a motorway does not automatically absolve anybody who hits her of any blame, whereas I am getting the impression of some others on here that it would.
Not quite so straightforward... insurers may not always hold the person who rear -ended as liable in such bizarre circumstances - especially since she was successfully prosecuted and barred from driving and can only hold a provisional licence until the day she proves herself capable of such responsibility and an adequate standard.
There are insurance fraudsters who engineer these and sometimes if a person changes lane or makes an emergency stop for no reason - then insurers may fight and quibble over pay-outs based on the stories and diagrams given. Some of these cases end up in the County Courts and a judge will decide based on "probability of the party's gifts of the gab on the day"

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In this case she was well beyond the standard expected of a normally average qualified motorist.
This was a fast road and there are regulations top abide by. Had her weaving/straddling and dangerously slow behaviour on a fast moving road caused an accident to road users within her area of road space - then her action would be the catalyst in the incident. We have in the past successfully prosecuted the driver whose dangerous action catalysed a collision.
Now at this speed she's perhaps travelled say 6 yards per second. A car travelling at 60 mph travels around 30 yards per second. It's not then rocket science to work out that this low speed becomes then as dangerous as a high speed .. given that the driver is in a free flow and there are no wave/brake or other jams or warning signs relating to any stationary traffic.
When you are approaching a jam.. you see it in your limit point/horizon ahead - and there will be visible brake lights and other courteous drivers giving that secondary courtesy of a half dozen flash of the hazard warning lights too.
In this case - the driver would see a clear road on approach and only realise when closing in closer that she was practically stationary for the type of road here - with no other clues other than she was confusingly slow. The standard would be equally dangerous on a 30 mph road as well as open to confusion to all other road users - including a pedestrian - as to whether she is stopping or negotiating a turn.
If the driver created a tailback and a driver collided with the last car in the slow moving traffic - then this would be a separate incident and she would not be a catalyst in the causation of this incident as jams occur a-plenty from wave/brakes .. and a competent driver would see the line of slow moving traffic ahead of him.
There are no excuses for driving like that on a motorway and you know it as well as I do - and offering the excuse of "fear of driving" as a reason or "needing an ink cartridge" when there are other means of going shopping for it and presumably stores which do not mean a motorway drive given learners and cyclists cannot use this road.
The traffic officer came to a professional decision that her action fell well below the required standard and the court agreed. In fact, she agreed as she did plead guilty anyway
I doubt she will pass a test unless she gets over this phobia. You cannot afford to have phobias about driving above walking pace or phobias about roundabouts or any other fact of life on the roads out there if you are in charge of anything on wheels.
Having such a phobia is just the same a getting into that car when drunk, tired or otherwise unfit and will kill someone just the same. Her doctor should have reported this and really advised her not to drive without some qualified supervisor to help her at the very least.
If you have doubts about being able to drive properly and to a required standard - then do not drive. The team here do not like clearing up messes - and we do prosecute dangerous and potentially dangerous idiots with little mercy.