Driving ticket - incorrect paperwork

d.ross_2

bingy_burge wrote: »

You would think so but I have seen it with my own eyes.

Someone here has and no some police forces dont have a policy covering it so its a grey area.

I have seen it too, but it is due mainly to police drivers who have caused accidents, that legislation has come in to train emergency service drivers to be less agressive

d.ross_2

bingy_burge wrote: »

I tend to think not as I asked that and they ignored when I asked.

I think they picked up a legal text once and read 14.2 of criminal procedure rules and bingo they now offer legal advice.

You know it amazes me just how many arm chair solicitors there are on mse.

Flyboy152

bingy_burge wrote: »

You can't answer my question so you have read up one some law.

Indictment your getting into crown court grounds now were talking about FPN for ts10 dealt with by magistrates unless they choose to refer it.

The charges will contain the road traffic offence failing to comply with signal namely a traffic light on BLAH BLAH road. Which the op says wrong : who is to say the copper nos better?

So your agrument is that the offence contained in indictment has the incorrect name road, so the offence was not committed.

Like I said if you can swing it to crown court then maybe but I don't fancy the gamble with magistrate court who probably don't understand the concept of indictment.

But that specific charge will not make to Crown Court, because the District Judge cannot refer to to the Crown Court. As I said, so many posts ago, the District Judge could order the charge to be re-issued with teh correct details, but is is highly unlikely to, because any solicitor, or barrister, worth their salt will call "abuse of process," for attempting to have two bites at the cherry. As well as the District Judge more likely to "punish" the officer in question for screwing up.

ETA

By the way, you didn't answer my question.

bingy_burge

d.ross wrote: »

I have seen it too, but it is due mainly to police drivers who have caused accidents, that legislation has come in to train emergency service drivers to be less agressive

I dont know any emergency driver training thats agressive. All I have seen has been calm controled and courtious to other road users.

Its how come become when they allow emotion over interlect. Its understandable when your chasing someone and its well documented and called red mist. In my most recent case police driver was attending a puch bike accident were rider was not life threatening. There were two police cars and pcso car there.

They are only human after all no gets it right all the time nor can the be expected to.

Flyboy152

d.ross wrote: »

Are you a solicitor?

Of course I am not. I have never purported to be.

Flyboy152

bingy_burge wrote: »

I tend to think not as I asked that and they ignored when I asked.

I think they picked up a legal text once and read 14.2 of criminal procedure rules and bingo they now offer legal advice.

No, just someone with a bit of common sense and a level of intelligence above someone who claims to be an ex-police officer (I can see why you are an "ex") and therefore believes they know everything about the law.

And I suppose police officers are more in tune with the law, are they? The average chav knows more about the law than the average police officer.

bingy_burge

Flyboy152 wrote: »

But that specific charge will not make to Crown Court, because the District Judge cannot refer to to the Crown Court. As I said, so many posts ago, the District Judge could order the charge to be re-issued with teh correct details, but is is highly unlikely to, because any solicitor, or barrister, worth their salt will call "abuse of process," for attempting to have two bites at the cherry. As well as the District Judge more likely to "punish" the officer in question for screwing up.

ETA

By the way, you didn't answer my question.

So whats your final advice for the op? Based in your expert opinion??

We can 'if' and 'but' into next week.

I am suprised there is a traffic cop in the land not scared out of their wits to issue a ticket for fear the district judge will have their wicked way with them. They instead are taking the FPN book and used it to wipe their bottom as this is so cut and dry.

Mine is take it I don;t fancy there chances in front of magistrate given the police information.


BY THE WAY U ANSWER MINE FIRST#0:mad:

d.ross_2

Flyboy152 wrote: »

Of course I am not. I have never purported to be.

So why do you argue so many legal issues with people who have experience?

bingy_burge

Flyboy152 wrote: »

No, just someone with a bit of common sense and a level of intelligence above someone who claims to be an ex-police officer (I can see why you are an "ex") and therefore believes they know everything about the law.

Really you fail to answer questions on your back ground I am open and honest. I am not giving legal advice just an opinion. I am not an armchair solictor.

Flyboy152 wrote: »

And I suppose police officers are more in tune with the law, are they? The average chav knows more about the law than the average police officer.

I have seen plenty of these chavs have the book thrown at them. I have arrested a legal student who claimed to have by the nuts. They now have a conviction for criminal damage just because you have some theory based law doesnt mean an experienced solictor/judge wouldnt have your pants down before you could google there argument on a smartphone and reply sunshine.

Yeh who wants to be a copper these days courts are a joke and so most of the folk in them present company included.

Flyboy152

bingy_burge wrote: »

So whats your final advice for the op? Based in your expert opinion??

I have no advice for the OP. I was merely pointing the incorrect assumption that tat a District Judge can just accept a, "sorry, your honour, I made a mistake. The defendant wasn't there," as an acceptable excuse to get a charge wrong and that the District Judge is more likely to throw the case out, as a punishment for the officer, to make sure he doesn't get it wrong again. District Judges disapprove of mistakes by police officers more than they disapprove of drivers jumping traffic lights. Because the officer's mistakes is likely to do more damage to the process of law, than the driver.

But, if I were to advice the OP of anything, it would be to access his legal cover with his motor or home insurance and to take real advice from a solicitor.