Traffic Law? Information needed please

rooster11

Hi,


I wondered if you could give me some information please?, My father recently had a coinciding with a Police town car and feels it's unjustly.

He was driving on the A4 near West Overton Junction at approximatley 6.00am and he was following a car doing approx 30 miles an hour so he overtook the car going down the big hill heading towards Marlborough, Wilts.

As he was overtaking he noted what he thought was a Police car, A Ford Focus estate to be precise, He carried on with his journey and the Police car had caught up with him at Fyfield Garage and proceeded on until he arrived into Marlborough High Street.

The police officer then proceeded to flash the blues and two and signalled my father to pull over, My father obliged and the officer claims that my father had crossed over the solid white line when he pulled back infront of the slow vehicle he passed at West Overton Junction.

The Police officer then proceeded to to caution my father and gave him a bit of flack when my father denied driving over the line - In my knowledge of Police law the Officer should have stopped my father in a safe place - Which there were plenty along the route, on the scence near or where the incident happened.
Also I thought that there had to be two persons present and that only a traffic officer could have the jurisdiction to pull vehicles over for incidents on a major A road out of the town centres? Not a Panda car?.

They say that if my father goes to court and pleads Not Guilty- It will be adjourned to a later date and go to trial.

Any information you could give I would greatly appreciate it.

Kind Regards

DaveF327

It all boils down to whether he actually crossed the solid line or not. The type of car they were in and the number of police officers is neither here nor there. Similarly, the old wives tale of him "not wearing a hat" won't wash either.

Did the officer take video evidence of the offence?

To prove that no contravention occurred, you will need to take photos of the area exactly as it was. Failing that, give us more precise details (to the nearest metre) of where exactly the offence was alleged to happen, so we can google it and give more precise advice.

rooster11

Anybody?

If it helps the officer never had on board camera equipment which means he has no evidence to say that my father committed a crime...

Any info?

flyingscotno1

rooster11 wrote: »

Anybody?

If it helps the officer never had on board camera equipment which means he has no evidence to say that my father committed a crime...

Any info?

In a court most times a policeman saying he crossed the line will hold weight over a driver saying 'no I didn't'.

sassy_one

If, you/your father feel that there is a standard of service that has fallen below it's merit, then he is in his full rights to make a complaint of such.

He can contact his Police forces Professional Standards department, and they will launch an investigation and interview the officer/officers concerned and complained about.

However any criminal investigation currently pending/being processed will be dealt with first and any complaint dealt with after any criminal proceedings.

If you think a serious breach/misconduct has taken place, he may contact the Independent Police Complaints Commission (IPCC) whom are based in London, they can, start an investigation pending a criminal charge/investigation.

Regards Police stops and pursuits, any marked Police car can start a Police pursuit or stop, in an offence has been committed or is suspected.

It is correct, what the officer has informed your father, that should he plead 'Not guilty' it will go to trial, that mean it will be passed from Magistrates court to the Crown court, and they can issue much more serious sentencing.

I would advise your father to contact a solicitor who is not only a Criminal defence registered one but also one for driving offences.

Finally, regards stopping someone ina safe place, an officer can and may stop and person where deemed 'fit' by that officer at that time, he/she must make that decision at the time he/she feels a stop needs to be made - it has been known for Police to stop people on the motorway, if a seriousness offence has been committed/or is suspected.

I sincerely hope you manage to sort it out.

Good luck

vaio

sassy-one wrote: »

.....It is correct, what the officer has informed your father, that should he plead 'Not guilty' it will go to trial, that mean it will be passed from Magistrates court to the Crown court, and they can issue much more serious sentencing.......

Crown court for crossing a white line?

sassy_one

vaio wrote: »

Crown court for crossing a white line?

If it went/goes to trial - yes.

Crown court do deal with motoring offences and therefore, if you plea not guilty the case will be transferred to Crown court to commence trial

sassy_one

This pulled from Google:


Cases heard by Crown Court will have been transferred there by the Magistrates' Court, to be tried by a judge and jury. There are different reasons for this

A magistrates' court will have referred the case for appeal

skiddlydiddly

For crossing a solid white line?I doubt it somehow.Does the source of your quotes state its also relevant for traffic offences sassy?

OP you don't mention the speed limit of the road, the speed your father was driving, where the traffic officer pulled you over that you didn't deem safe or whether he actually did cross the solid line.The officer probably didn't pull your faher right away as if he wasn't deemed to be an immediate danger to others he'd want to observe his driving and see any other offences.

From your post it comes across he did it, but you just want to see if there is a technicality that he can get off on.There doesn't have to be 2 officers present and why would it have to be a traffic officer to charge you with breaking a traffic law?

dacouch

It will be dealt with by a magistrates court unless the magistrates feel the penalty they can impose is not sufficient for the offence or the driver decides they want the case held in front of a jury

pompeyrich

sassy-one wrote: »

If it went/goes to trial - yes.

Crown court do deal with motoring offences and therefore, if you plea not guilty the case will be transferred to Crown court to commence trial

No it wont, it will be adjourned for trial at a Magistrates Court. It will be adjourned in order for the Policeman to attend and give his version/evidence. I think it is fair to say, not neccesarily fair, that the mags will side with the Police and find him guilty, which will incur a fine, probably costs and the "victim surcharge".

Is there any reason this wasn't dealt with by a fixed penalty? Is the charge just crossing the white line or something more serious like dangerous driving?