ASBO advice!!!

Car_54

Johno100 wrote: »

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.

Section 59 facilitates a warning, not a penalty.

Johno100

Car_54 wrote: »

Section 59 facilitates a warning, not a penalty.

But have two recorded against the vehicle, even if you were not stopped for the first 'offence' or were even the keeper at that time and you face having your vehicle seized and a release fee needing to be paid.

interstellaflyer

Teenybop88 wrote: »

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

Ok, it still sounds unusual, maybe he was on the lookout for someone in a car like yours, you pass him with your foot to the floor, he thinks he's found his man, you turn out not to be, but he can't just turn a blind eye to doing that sort of speed, regardless of quiet road, so he qives you a scare that will hopefully have the effect of moderating your driving.

shaun_from_Africa

Car_54 wrote: »

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.

The OP has already stated that the officer who stopped them said that they weren't being prosecuted for the speeding offence as they didn't have the correct equipment to accurately measure the speed.
However, if as stated, they were doing around 95mph in a 70mph limit, the police may well argue that this could easily constitute careless or inconsiderate driving which could cause alarm or annoyance to other road users.
If they do get a motoring "ASBO", they should count themselves lucky as a speeding prosecution would be far worse in the long run.

Hintza

OP your reg number will just have a nice wee flag on it and if you so much as pass wind when a local copper is around you may get stopped again. So drive carefully or expected to get booked for something.

OP wouldn't have been on here if he wasn't driving too fast or doing something silly.

Guest101

Teenybop88 wrote: »

Was followed home last night by a CID police officer. Pulled into driveway and told I was speeding on a dual carriageway. The policeman did not have lights in his car to stop me so instead followed me home. The roads were so quiet and at the time I was aware of someone speeding up behind me. No cars on the road but me and him so definitely too risky to speed.

As he was CID he said he couldn't charge me with anything and didn't have a camera to clock the speed I was doing. Tried to tell me I was doing 95mph in a 70mph. Said he would put a marker on the car and on me for a year. I.e. ASBO.

Can anyone tell me if this can be done? There is no evidence to prove I was speeding? Genuinely believe this gentleman had nothing better to do than stop someone and intimidate them by speeding up behind them. Bad day in the office..?!

Angry and confused...! :mad:

That's not an ASBO................


it's a police marker and basically is internal use

Fat_Walt

Guest101 wrote: »

That's not an ASBO................


it's a police marker and basically is internal use

Internal? It'll be for anyone with access to the PNC or ANPR.

Guest101

Fat_Walt wrote: »

Internal? It'll be for anyone with access to the PNC or ANPR.

Don't be silly now, ANPR just stands for Automatic Number Plate Recognition - its for anyone with access to PNC, and you cant just look people up either, so it's for anyone who might be in proximity with the vehicle, in a ANPR equipped car, or anyone investigating the vehicle.

Fat_Walt

Guest101 wrote: »

Don't be silly now, ANPR just stands for Automatic Number Plate Recognition - its for anyone with access to PNC, and you cant just look people up either, so it's for anyone who might be in proximity with the vehicle, in a ANPR equipped car, or anyone investigating the vehicle.

I don't know what point you're trying to make there, but any marker will be national and not internal as you originally said.

Guest101

Fat_Walt wrote: »

I don't know what point you're trying to make there, but any marker will be national and not internal as you originally said.

What do you think internal means?.........