12 points!

Gene_Hunt_2

mrbadexample wrote: »

No, they will believe that you have a different tyre. In your scenario, the officer is able to identify the tyre. In my previous posts I was suggesting that if he has not noted the tyre details, then he may be unable to identify the tyre.

So when will the OP have the right to see the evidence against him?

mrbadexample

Gene_Hunt wrote: »

You have an apt usermane.

Thank you.

Gene_Hunt wrote: »

You don't understand any of the rules of evidence.

Actually, yes I do. Can you explain why you think I don't?

The best evidence of the offence, in this case, would be:

1. Use of the vehicle on a road.
2. The type of vehicle (to establish what depth of tread is required).
3. The tyre.
4. The tread depth measurements.

As it is not normally practical to retain the tyre as evidence, the next best evidence would probably be a photo of the tyre, showing the identifying marks and tread, accompanied by notes on the depth of tread measured. Without a photo, the next best evidence would be recorded details of the identifying marks and the tread depth measurements.

How am I doing so far?

Edit: I ought to add in the details of the instrument used to measure the tread depth, just to cover all the bases.

mrbadexample

Gene_Hunt wrote: »

So when will the OP have the right to see the evidence against him?

He would get full disclosure prior to going to court.

Gene_Hunt_2

mrbadexample wrote: »

He would get full disclosure prior to going to court.

No.

When he enters a not guilty plea, he will therefore have already been to court. Therefore losing any rights to a discount in sentence if they have the evidence.

Bit of a gamble for his isn't it?

mrbadexample

Gene_Hunt wrote: »

No.

When he enters a not guilty plea, he will therefore have already been to court. Therefore losing any rights to a discount in sentence if they have the evidence.

Bit of a gamble for his isn't it?

Unless I'm mistaken, and I'm fairly sure I'm not, the prosecution must disclose its evidence to the defence before they enter a plea.

sassy_one

Contact a Solicitor, the hope?!
A solicitor can and in most cases will save you in court and keep you on the road if you 'need' it for your job

Enough said!

esmerobbo

How is it everybody needs their licence for their job once their on 9 points. The tyre issue aside which may or may not be able to be defended, did the OP not need his licence after the first, the second, the third warning. Gaining points is a clue that your driving habits need adjusting. The reason it is set at 12 before a ban is considered I would have thought is because if you haven't learned by gaining points you deserve a ban!

I am sorry for the OP that a ban could effect his livelihood, but disregarding traffic rules could effect someone's life a lot more!

Lum

esmerobbo wrote: »

How is it everybody needs their licence for their job once their on 9 points. The tyre issue aside which may or may not be able to be defended, did the OP not need his licence after the first, the second, the third warning. Gaining points is a clue that your driving habits need adjusting. The reason it is set at 12 before a ban is considered I would have thought is because if you haven't learned by gaining points you deserve a ban!

It's easy to pick up a 3 point speeding ticket with just a moments lapse in concentration. This was particularly true in the hypothecation days when some forces literally were out to get you and make a profit.

Someone who has a driving job, and does 60,000 miles a year, often in unfamiliar areas is far far more likely to pick up a speeding ticket than someone who drives 10,000 miles a year and always on the same roads.

So people who drive for a living are more likely to end up on 9 points in the first place.

Inactive

Lum wrote: »

.

So people who drive for a living are more likely to end up on 9 points in the first place.

Only if they habitually ignore traffic law.;)

Lum

No, it really is easy to get caught out even while attempting to obey the letter of the law.

The example in this thread of incorrect signage is one way. Happens a lot and even when defeated in court, SCPs rarely contacted other people who were done on the same stretch to cancel the points and refund the fine.

Another popular one was dropping a dual carriageway from 40 to 30 by simply removing the signs and repeaters one day, and stick up a camera to profit from all the people who just think it was vandals.

It's not quite as bad these days as SCPs don't get to keep the money any more, so they can't spend it on fancy premises or "team building" trips to the countryside (not all SCPs did this, but some did)

It does still go on, there are sites out there that are dubious or outright flouting the regulations. Often the locals are well aware of them and know to avoid, but those passing through for the first time are much more likely to pick up a ticket from it.