Traffic Law? Information needed please

haveibeendone

If I remember correctly the accused person has the right to trial at a crown court and can request this at the magistrates court hearing. However it will be frowned on greatly if an accussed takes this step for a trivial offence (such as this) and may be relected in the costs awarded against the accused if found guilty.

The magistrates can also transfer a case to the CC but they will only do so in serious cases when they do not have the power to impose the penalty required if found guilty just as dacouch has already said. Other reasons for transfer include when a case is extremly complex etc but none of that applies her.

In the end it will be almost certainly be heard in the lower court and will come down to who the magistrates believe and as pompeyrich says they usually side with the police. Like it or not in most magistrates court the police are believed.

TonyMMM

haveibeendone wrote: »

If I remember correctly the accused person has the right to trial at a crown court and can request this at the magistrates court hearing.

Only where the offence is "indictable", which almost all motoring offences are not.

harveybobbles

Well just a quick look on Google street view of the A4 reveals that there are lots of solid white line sections along the A4. There is also a lack of street lighting, which at 6am means it will have been dark.

Strider590

What's happened here is they've seen him overtake, then followed him for a while to see if he'd do anything more serious.... It's then 50/50 as to whether they pull you over, if you just say "yeah sorry officer, I may have done that", they give you a slap on the wrist and off you go. Occasionally they might ask you to produce your documents at the local station.
Then again you might get a jobs worth pull you over

If you stand there like my previous manager did (the Police really hate these type's because they take their "I AM GOD" attitude onto the roads) and arrogantly argue blind that you did nothing wrong, then they will hold you for as long as possible, inspect your whole car, check your details thoroughly and do their very best to p1ss you off and make you late for whatever your rushing to. THEN throw the book at you just to cause you massive inconvenience at a later date.

rooster11

NO my father never comitted this crime - The A4 where he was driving is a 60 MPH road and he was following a car travelling at 30....

What i meant to say was why did it take him 4 1/2 miles to pull my father over? He has no previous convictions or endorsments on his license, He is completely law abiding.

He never crossed the white line so no i am not looking to get him off on a technicality.....

He simply did not commit the offence.

rooster11

pompeyrich wrote: »

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?

My father chose for it to be dealt with by a magistrates.

It was only for him "crossing the white line" Which he never did.

The officer was a good 400metres back away from my father so how could he have a clear view?

Suzanne_Louise

Police officers are not in the habit of pulling people over for no reason. Why can't your father just swallow his pride and admit he was in the wrong, for goodness sake!!!!!!

rooster11

Suzanne_Louise wrote: »

Police officers are not in the habit of pulling people over for no reason. Why can't your father just swallow his pride and admit he was in the wrong, for goodness sake!!!!!!

I'm sorry do you have a point to make - If you never commited a crime and you were being punished would you just stand there and take it?....

I dont think so somehow.

If you have nothing positive to add then please dont add anything.

TonyMMM

rooster11 wrote: »

My father chose for it to be dealt with by a magistrates.

It was only for him "crossing the white line" Which he never did.

The officer was a good 400metres back away from my father so how could he have a clear view?

Then he should attend the court on the date his summons will show and plead Not Guilty.

It will adjourned to a date for a trial hearing to take place (in the Magistrates Court) at which the Police Officer will give his evidence, i.e. that he saw him cross the white line. Your father, or his legal representative if he has one, can ask the officer questions and then your father will give his evidence, i.e. that he didn't. In the absence of any other evidence (video or otherwise) it will then come down to who the magistrates choose to believe.

Inactive

rooster11 wrote: »

NO my father never comitted this crime - The A4 where he was driving is a 60 MPH road and he was following a car travelling at 30....

Were you actually there?

No I thought not, you are only relaying what you have been told.

The police do not stop drivers for no valid reason.