Taken to court for motoring offence, but wrong signal - what to do???

piggeh

European Community and European Economic Area

Licences issued in the European Community and European Economic Area make up two groups that are treated equally. The full list is:

Austria, Belgium, Czech Republic, Republic of Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovenia, Slovakia, Spain, Sweden, United Kingdom.
Visitors

If you hold a valid community licence and are visiting GB, you can drive any vehicle if your licence is valid. The appropriate full entitlement for the vehicle you wish to drive must be shown on your licence.
Residents

If you have a valid community licence, this will authorise you to drive in GB for the period set out below. Alternatively, you can exchange your licence for a British one at any time.

Provided your licence remains valid you may drive in GB:
Car, motorcycle driving licence holders (ordinary driving licence):

* until aged 70 or for three years after becoming resident, whichever is the longer period

Nothig in there saying you need to take a UK driving test (from government website). And it seems you can just exchange it for a GB driving licence by filling in a D1 form, with no extra tests or anything else needed.

Lorian

Doesn't seem to cover him driving a bus though?

http://forums.moneysavingexpert.com/showthread.html?t=280701

arnie&caseysma!

If you are driving on a UK community licence then I don't see the problem re your licence (see above post from piggeh) as it is valid until the date of expiry/70 years.

If you were to be driving on an International Drivers Licence (different from above) then you are only entitled to drive using this for 12 months from date of arrival in the UK unless you go out of the UK and re-enter again, the time starts again then.

You say about "illegal questions" regarding your job and time in the country. Part of the particulars noted as standard by a Police Officer is the occupation, usually in the order of Full name, DOB, Occupation, home address, postcode, telephone numbers.

Also, you should be aware that information on driving licences other than UK licences are not recorded on the "systems" and therefore they may have to ask a few more questions. There is also a problem with very good counterfeit driving licences/passports/other identity documents being used in the country and they possibly were asking various quesitons with a view to establish if you are in the country legally or not. Being from the EU and being here illegally is highly unlikely but you should understand there are many many her illegally from countries outwith the EU that are using counterfeit or forged documents from EU countries in an attempt to stay here.

Police and Immigratin Services work closely with each other, but sometimes not closely enough when it comes to illegal immigrants and some of the legal and social problems that may or may not be associated.

InnocentMan_2

philhuff wrote:

Magistrates aren't paid, undermining your rant somewhat.

Not really my friend. Because financial reward is not the only reward. Magistrates revel in their sense of self importance. In real life generally speaking they are insignificant nobodies, but put them in a position of 'power' and that is their reward.

In fact Magistrates are paid, expenses, and these expenses can include loss of earnings (if the Magistrate is in employment and they lose pay for attending court). In fact it is not unheard of Magistrates claiming loss of earnings whilst still being paid, thus getting what is colloquially termed as a 'double bubble'.

Undermines your post somewhat!:rolleyes:

InnocentMan_2

mr1974 wrote:

I´ve already pleaded not guilty... It´s going to be an experience anyway.

Out of curiosity, how much do you think I should expect to pay for this wrong left turn in the worst case scenario?

mr

I would say you would be looking more to the region of £500 and around £200 costs. Possibly more if they can not endorse your licence if it is not issued in the UK.

Good luck though.

piggeh

arnie&caseysma! wrote:

You say about "illegal questions" regarding your job and time in the country. Part of the particulars noted as standard by a Police Officer is the occupation, usually in the order of Full name, DOB, Occupation, home address, postcode, telephone numbers.

Also, you should be aware that information on driving licences other than UK licences are not recorded on the "systems" and therefore they may have to ask a few more questions. There is also a problem with very good counterfeit driving licences/passports/other identity documents being used in the country and they possibly were asking various quesitons with a view to establish if you are in the country legally or not. Being from the EU and being here illegally is highly unlikely but you should understand there are many many her illegally from countries outwith the EU that are using counterfeit or forged documents from EU countries in an attempt to stay here.

Police and Immigratin Services work closely with each other, but sometimes not closely enough when it comes to illegal immigrants and some of the legal and social problems that may or may not be associated.

Not sure on the legality of the questioning, but nobody *has* to answer them anyway, as it infringes on their basic human right to remain silent.

I guess it also depends on who stopped the OP - if it were a Highways Patrol Officer, for example, they would have no right to start asking about where they came from, how long they had been here, etc. If they were a normal police officer, then it's a bit more reasonable, although people shouldnt be made to feel uncomfortable and intimidated purely because of their national origin.

Alfie_E

piggeh wrote:

Not sure on the legality of the questioning, but nobody *has* to answer them anyway, as it infringes on their basic human right to remain silent.

Sadly, it doesn’t quite work like that. You only have the right to remain silent once you’ve been cautioned. So, if you refuse to answer the basic name, date of birth and address ones, you’ll probably be arrested and cautioned, on the assumption that you’ve got something to hide. Then, you’ll have the right to remain silent, but they police will have an absolute right to your fingerprints and DNA.

N9eav

Lorian wrote:

Doesn't seem to cover him driving a bus though?

http://forums.moneysavingexpert.com/showthread.html?t=280701

May be there is more to this than meets the eye? You don't normally get summonsed to court for a minor traffic signage infringement.......

philhuff

InnocentMan wrote:

Not really my friend. Because financial reward is not the only reward. Magistrates revel in their sense of self importance. In real life generally speaking they are insignificant nobodies, but put them in a position of 'power' and that is their reward.

In fact Magistrates are paid, expenses, and these expenses can include loss of earnings (if the Magistrate is in employment and they lose pay for attending court). In fact it is not unheard of Magistrates claiming loss of earnings whilst still being paid, thus getting what is colloquially termed as a 'double bubble'.

Undermines your post somewhat!:rolleyes:

My own personal experience is obviously far different from yours. I know two magistrates, one in his 30's and one in his 60's, and they're both pretty regular people, however one may define that.

While one retired from work about 10 years ago, and is in the fortunate position of not being too worried about expenses, the other is given a free day off from work each month to go magistrating and I doubt would be claiming loss of earnings.

Neither revel in self importance, but rather are quietly satisfied that they're at least doing something to try and be part of and improve the community, rather than sitting back and complaining.

I wouldn't describe either of them as insignificant nobodies. I'd describe them as trusted friends.

As I say, it's just my personal experience. Yours, seemingly, is far removed from that.

sharewatcher

If you want to find out more you could visit https://www.pepipoo.co.uk and post there lots of people there who know about the laws on signs