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Falsely accused of speeding. Taking me to court. Advice needed.

24

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  • Paradigm
    Paradigm Posts: 3,660 Forumite
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    They cannot and will not prosecute you on the word of one officer alone.

    :rotfl: Welcome to planet Britain! They can & do exactly that.

    Corroboration is a main stay of british justice. Either there was two officers in the car; a camera or a corresponding complaint from a member of the public.

    Police officer + his speedometer??

    Like I said, it's not right but try fighting it in court!
    Always try to be at least half the person your dog thinks you are!
  • Paradigm wrote: »
    :rotfl: Welcome to planet Britain! They can & do exactly that.




    Police officer + his speedometer??

    Like I said, it's not right but try fighting it in court!


    As I said british law requires corroboration. A police officer saying someone is speeding isnt enough unless their in care equipment; a colleague or witness supports it.
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
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    edited 30 April 2010 at 12:02AM
    As I said british law requires corroboration. A police officer saying someone is speeding isnt enough unless their in care equipment; a colleague or witness supports it.

    That's not the case on a motorway. The evidence of one police officer only is required, and no in-car equipment is necessary. s89(2) RTRA only applies to roads other than motorways.
  • You may be right but I would still be amazed if a proseuction would be undertaken as it is surely against the police guidelines ACPOS (??).

    Maybe the OP can confirm there is the statement of one officer and nothng else. I would be extremely surprised.
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
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    You may be right but I would still be amazed if a proseuction would be undertaken as it is surely against the police guidelines ACPOS (??).

    Maybe the OP can confirm there is the statement of one officer and nothng else. I would be extremely surprised.

    I am right, and it's perfectly normal for there to be just a statement from one officer for a motorway stop. And it's ACPO Code of Practice - they are supposed to follow it, but they like to tell us it's just 'guidelines'.
  • pompeyrich
    pompeyrich Posts: 3,135 Forumite
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    edited 30 April 2010 at 1:44AM
    sarahg1969 wrote: »
    I am right, and it's perfectly normal for there to be just a statement from one officer for a motorway stop. And it's ACPO Code of Practice - they are supposed to follow it, but they like to tell us it's just 'guidelines'.

    I'm sure you are right too, however I was stopped for speeding, fair cop guvnor, a marked police car you could have seen from the Moon, except I only saw it from about 100 yards, slammed on the brakes but still hurtled by him. He pulled me over and made me get in his car, he showed me 2 readings on his display, 1st was the speed 93.9 MPH the 2nd I assume was the time, or maybe distance 2.99. He said it was my lucky day and if that had gone to 3 he could have given me a ticket, he wanted to give me a ticket, I deserved a ticket blah blah blah but said he couldn't. Now maybe he couldn't be bothered to do the paper work, maybe my attitude helped or maybe he genuinely couldn't give me a ticket without the correct read out from his gizmo.
  • pompeyrich wrote: »
    I'm sure you are right too, however I was stopped for speeding, fair cop guvnor, a marked police car you could have seen from the Moon, except I only saw it from about 100 yards, slammed on the brakes but still hurtled by him. He pulled me over and made me get in his car, he showed me 2 readings on his display, 1st was the speed 93.9 MPH the 2nd I assume was the time, or maybe distance 2.99. He said it was my lucky day and if that had gone to 3 he could have given me a ticket, he wanted to give me a ticket, I deserved a ticket blah blah blah but said he couldn't. Now maybe he couldn't be bothered to do the paper work, maybe my attitude helped or maybe he genuinely couldn't give me a ticket without the correct read out from his gizmo.


    Exactly

    Any force (even on a motorway) not following the ACPO guidelines is just leaving themselves open to cases being thrown out; complaints; adverse publicity not to mention officers possibly having their honesty questioned by courts (disastarous). Could you imagine the repercussions if a court sided with a defendent over a police officer over all his other cases!

    The OP I note has still not confirmed whether it was one lone policeman with no other evidence.

    Some police forces dont even take cases forward when there are 2 officers and no supporting camera/video evidence.
  • Chances are though, there will be some sort of timing system eg. Vascar and a a video from the Police vehicle.

    And under corroboration, Sarahg1969 is totally correct. One officer can even corroborate from an uncalibrated speedometer and opinion. But this is far easier to defend!
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
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    OP, when you were stopped, what reason did the officer give for stopping you?
    "You were only supposed to blow the bl**dy doors off!!"
  • vaio
    vaio Posts: 12,287 Forumite
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    Chances are though, there will be some sort of timing system eg. Vascar and a a video from the Police vehicle.

    And under corroboration, Sarahg1969 is totally correct. One officer can even corroborate from an uncalibrated speedometer and opinion. But this is far easier to defend!

    In the old days I’m sure for speeding it was either two officers armed with the mark one human eyeball or one officer plus a calibrated speedo (which any motorway police car is going to have)

    These days with gatso, vascar, video etc etc who knows (but you can be sure it’s not going to be easier to avoid a speeding charge)
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