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Traffic Law? Information needed please

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Comments

  • johnfarquhar74
    johnfarquhar74 Posts: 466 Forumite
    Part of the Furniture Combo Breaker
    edited 18 October 2010 at 10:33AM
    rooster11 wrote: »
    ...

    What i meant to say was why did it take him 4 1/2 miles to pull my father over? .

    If they were both travelling at a steady 60, this would take under 5 minutes. Enough time for the police officer to appraise your dads driving and do any background checks (VED/Insurance).
    In the past, I've been tailed by marked cars whilst driving early in the morning in my 'works' vehicle and also whilst on my motorbike in 'dodgy' parts of town. After a few minutes they soon carry on to the next target!
    rooster11 wrote: »
    ...
    He simply did not commit the offence.
    Careful, is there not a small chance your dad never got back in front of the car before the solid line started?
    If he's 100% adamant that he didn't commit the offence, then fair enough, but like the above poster has said, the police aren't in the business of pulling 'innocent' folk then incurring all the necessary paperwork then there's the fact that if it did go to court I'm confident there would be only 1 winner between your dad and a single police officer(unless there was video evidence/3rd part witness).

    Either way, good luck.
  • TonyMMM wrote: »
    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.

    Thankyou that's all i was after - A straight honest answer! So the theory that only a traffic car has jurisdiction on a major A road is untrue?
  • TonyMMM
    TonyMMM Posts: 3,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    rooster11 wrote: »
    So the theory that only a traffic car has jurisdiction on a major A road is untrue?

    Completely untrue.
  • Inactive wrote: »
    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.


    Like i said - My father is a law abiding citizen and of course i believe him! No i was not there i am simply asking for info on behalf of my father.

    Why do people always have to be negative for no reason?

    Why get involved in a thread if your just going to slate......? Really rude if u ask me....
  • mikey72
    mikey72 Posts: 14,680 Forumite
    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?

    It the police car was behind him, I assume he'd be looking down the hill, so would have a very clear view, and would be lit well by the headlights and streetlights.
  • mikey72 wrote: »
    It the police car was behind him, I assume he'd be looking down the hill, so would have a very clear view, and would be lit well by the headlights and streetlights.


    No it's not a very well lit road it has no street lights and at 6am in the morning there was little traffic on the road.

    No worries anyway I will relay to my father the info that has been kindly given and leave it up to him what he should do.

    Thanks to everyone with positive answers!
  • Strider590
    Strider590 Posts: 11,874 Forumite
    Inactive wrote: »
    The police do not stop drivers for no valid reason.

    It's true, but once pulled over they do treat you a lot worse if you give them attitude. So we can't really say that they're entirely "professional" about it.
    However im sure we'd all be same in their shoes.....
    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

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  • Strider590 wrote: »
    It's true, but once pulled over they do treat you a lot worse if you give them attitude. So we can't really say that they're entirely "professional" about it.
    However im sure we'd all be same in their shoes.....


    I completly agree - My dealings with the police are that they do "Lord it up or are sometimes power hungry!" and treat you like your a hardened criminal.

    Depends on the officer that you deal with I suppose.
  • Inactive
    Inactive Posts: 14,509 Forumite
    rooster11 wrote: »
    I completly agree - My dealings with the police are that they do "Lord it up or are sometimes power hungry!" and treat you like your a hardened criminal.

    Depends on the officer that you deal with I suppose.

    It also very much depends on the attitude of the person that has been stopped, I suspect.
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    edited 18 October 2010 at 10:52AM
    It will be in magistrates court (so put the wig away :D) and be a bit of a gamble as magistrates still tend to go with the police version if they can. Where they stopped him, traffic car are not & number of police are lost causes so don’t waste time on them.

    If he’s sure he didn’t cross or straddle the white line then best of luck to him. You are allowed to straddle/cross to overtake some things but only if they are moving very slowly, think the figure is 10mph.

    Your best bet is the distance, if the police admit to being 400m away, in the dark then you are in with a chance of convincing the magistrates he was mistaken particularly if he was at the same level as your dad. What about street lights? Wet or dry? Was there video?.
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