ASBO advice!!!

George_Michael

As the OP is in Scotland then it's possible for the police to issue an ASBO for motoring offences.
If this has happened, they should receive notification through the post in the next coiple of weeks.

AdrianC

Fat_Walt wrote: »

Section 59?

This ^

s59, Police Reform Act 2002.
http://www.legislation.gov.uk/ukpga/2002/30/section/59

Also known as a vehicular ASBO. Think of it as a written warning. If you get a tug again in the next year, you may well have the vehicle seized.

shaun_from_Africa

AdrianC wrote: »

This ^

s59, Police Reform Act 2002.
http://www.legislation.gov.uk/ukpga/2002/30/section/59

Also known as a vehicular ASBO. Think of it as a written warning. If you get a tug again in the next year, you may well have the vehicle seized.

That only applies to England and Wales and not Scotland.
This is the relevant law for Scotland:
http://www.legislation.gov.uk/asp/2004/8/section/126

Johno100

shaun_from_Africa wrote: »

That only applies to England and Wales and not Scotland.
This is the relevant law for Scotland:
http://www.legislation.gov.uk/asp/2004/8/section/126

I note just as Sec. 59 it refers to "a constable in uniform". The OP refers to a CID officer so I assume he was in plain clothes.

But of course when the police are the judge, jury and issue the penalty trying to challenge it is nigh on impossible.

MikeWhite

Teenybop88 wrote: »

Yes he showed me his badge and used a radio to check my driving licence.

I guess you mean warrant?
I've close experience of "CID" fakers, just suspicious, that's all.

pogofish

MikeWhite wrote: »

I guess you mean warrant?
I've close experience of "CID" fakers, just suspicious, that's all.

Not just fakers - You also get instances of genuine officers overstepping themselves. A police officer may technically be "on duty" all the time but most forces take a pretty dim view of officers who indulge in a bit of extra-curricular law enforcement unless its a genuine emergency.

It might be worth a word with the duty inspector to ask if this guy was actually on duty or not at the time.

Fat_Walt

pogofish wrote: »

Not just fakers - You also get instances of genuine officers overstepping themselves. A police officer may technically be "on duty" all the time but most forces take a pretty dim view of officers who indulge in a bit of extra-curricular law enforcement unless its a genuine emergency.

It might be worth a word with the duty inspector to ask if this guy was actually on duty or not at the time.

Can you evidence this or have you just made it up?

interstellaflyer

DoaM wrote: »

You don't get an ASBO for motoring/traffic offences - at least I've never heard of such.

You can get an ASBO for lots of things, it's not just something that's given to unruly teenagers, though it's unlikely to be given just for one instance of speeding on a Dual Caridgeway or Motorway (mention of 95mph in a 70 limit) Motoring wise I would imagine ASBOs would be given for repeatedly causing a nuisance after being warned, the usual boy racer stuff, wheelspinning, loud exhausts, loud music etc. Not for doing 95 in a 70 on an empty road, unless there's more to this than the op is telling us.

Teenybop88

interstellaflyer wrote: »

You can get an ASBO for lots of things, it's not just something that's given to unruly teenagers, though it's unlikely to be given just for one instance of speeding on a Dual Caridgeway or Motorway (mention of 95mph in a 70 limit) Motoring wise I would imagine ASBOs would be given for repeatedly causing a nuisance after being warned, the usual boy racer stuff, wheelspinning, loud exhausts, loud music etc. Not for doing 95 in a 70 on an empty road, unless there's more to this than the op is telling us.

Definitely nothing more to this. Empty road. 95 in a 70. He came from nowhere and followed me home.

Car_54

Section 59 specifically applies to driving which "contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless and inconsiderate driving and prohibition of off-road driving),

and is causing, or is likely to cause, alarm, distress or annoyance to members of the public,"

It does not apply to speeding.