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Next time you flash you headlights.........

1679111219

Comments

  • Wig
    Wig Posts: 14,139 Forumite
    edited 9 January 2011 at 3:01PM
    Flyboy152 wrote: »
    Conversley, how would you know they were not?

    Not the point, in order to be found guilty of a crime evidence needs to be shown that you are guilty of it. Not knowing of any evidence that shows guilt or innocence is not sufficient to then decide that someone must therefore be guilty.. Thankfully!

    No, your are preventing a crime that hasn't happened yet.
    Exactly! which is what this driver is doing, preventing a crime which hasn't happened yet......... unless the contrary can be shown.
    No, the crime he committed was obstructing the police.
    Not if no one was actually speeding or likely to speed.

    As I understand it, he did admit to the offense.
    As I understand it any admission would have been in the order of "Yes officer I was trying to warn of the presence of a speedtrap ahead" Which is not an offence per se.
  • Gene_Hunt_2
    Gene_Hunt_2 Posts: 3,902 Forumite
    Flyboy152 wrote: »
    He may have objected to being cautioned, rather than being accused of the offense.;)

    Therefore it was correct to report/arrest him for the matter.
  • Wig
    Wig Posts: 14,139 Forumite
    Gene_Hunt wrote: »
    Therefore it was correct to report/arrest him for the matter.
    But not correct to proceed to court based on the lack of evidence and the previous case law.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    Wig wrote: »
    Not the point, in order to be found guilty of a crime evidence needs to be shown that you are guilty of it. Not knowing of any evidence that shows guilt or innocence is not sufficient to then decide that someone must therefore be guilty.. Thankfully!

    The driver admitted his guilt. The other drivers could have been gulity, but Mr Thompson didn't allow a police officer to establish this and this is what he was convicted of.
    Exactly! which is what this driver is doing, preventing a crime which hasn't happened yet......... unless the contrary can be shown.

    It doesn't matter, it wasn't his call. As I aid earlier, if someone tips off bank robbers that he police are laying in wait, they are preventing the police officer from catching the bank robbers.
    Not if no one was actually speeding or likely to speed.

    See above.
    As I understand it any admission would have been in the order of "Yes officer I was flashing a warning of the presence of a speedtrap ahead" Which is not an offence per se.

    That is exactly what it was, seeing as what he was doing was an offence.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Gene_Hunt_2
    Gene_Hunt_2 Posts: 3,902 Forumite
    Wig wrote: »
    But not correct to proceed to court based on the lack of evidence and the previous case law.

    That's nothing to do with the roadside caution I was talking about though.
  • Wig
    Wig Posts: 14,139 Forumite
    Flyboy152 wrote: »
    The driver admitted his guilt. The other drivers could have been gulity, but Mr Thompson didn't allow a police officer to establish this and this is what he was convicted of.



    It doesn't matter, it wasn't his call. As I aid earlier, if someone tips off bank robbers that he police are laying in wait, they are preventing the police officer from catching the bank robbers.



    See above.



    That is exactly what it was, seeing as what he was doing was an offence.

    The case law has been provided in this thread, see paradigm's post. In order to be guilty the prosecution HAVE TO show evidence that the cars being flashed were speeding or were likely to have sped.

    "For there to be an obstruction of a police constable in the execution of his duty, by the giving of a warning of the presence of a speed trap, is it necessary for the prosecution to prove that those warned either were themselves exceeding the speed limit or were likely to do so at the location of the speed trap?"
    Answer according to the High court.... YES
  • Wig
    Wig Posts: 14,139 Forumite
    edited 9 January 2011 at 3:22PM
    Gene_Hunt wrote: »
    That's nothing to do with the roadside caution I was talking about though.

    I see what you mean now, yes, you are right, but a follow on from what you said would be that it didn't make it right for CPS to proceed. An entirely different subject which I thought I'd tag onto your comment.
  • Gene_Hunt_2
    Gene_Hunt_2 Posts: 3,902 Forumite
    Wig wrote: »
    I see what you mean now, yes, you are right, but a follow on from that would be that it didn't make it right for CPS to proceed. An entirely different subject which I thought I'd tag onto your comment.

    Well we all know CPS are............. a law unto themselves.
  • mchale
    mchale Posts: 1,886 Forumite
    Inactive wrote: »
    Speeding drivers kill more people than Steve Wright did.


    Funny, I always thought bad driving kills people, I suppose you think guns kill as well.
    ANURADHA KOIRALA ??? go on throw it in google.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    mchale wrote: »
    Funny, I always thought bad driving kills people, I suppose you think guns kill as well.
    Speeding is driving badly. Unless your one of the morons who believe that the limits don't apply to them and they are only an advisory guide.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
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