Stopped for careless driving

igorjenz

Aylesbury_Duck wrote: »

Yeah, maybe you did miss that part....

Drip-feeding information as the thread develops just wastes people's time. Either post the exact circumstances and ask for advice or leave it. Advice you want to hear based on your carefully edited course of events is useless to you.

I wasn't asking for advice about my driving, my rights were broken during the police stop, that's what I was asking, nothing else.

igorjenz

Yes, they can do that.
You were given notice of intention to prosecute (NIP) at the roadside. There's now six months (not six weeks) for a decision on whether to prosecute, whether to issue a fixed penalty, whether to invite you to an afternoon of tea and biscuits, or whether to just treat it as a roadside caution.

To relate it to what happens after a photo...
After a photo, an s172 request to identify the driver is sent to the keeper. That's not needed, because you were obviously driving.
Then a NIP is sent to the person who agrees they were driving. You had that at the roadside.
Then the decision on whether, and how, to prosecute is sent... That's where you are.

I know how NIP is looks like, as I have got a ticket from a police like 5 years ago, when I was stopped, and this situation is clearly different.

Speeding is not careless driving.

They can't give me a speeding ticket, as they are not even a traffic officers, and they don't have an equipment, and giving penalty based on their speed is crap.

So they were fairly clearly identified, then.

So police officer, can disrespect drivers, without introducing them selfs, avoiding my rights, and do what ever they want? So that's what you basically say.

igorjenz

Car_54 wrote: »

You may have mis-remembered. They have six months to start court proceedings.

I know that they have, but they clearly say, that they will look to video recordings on their cameras, and decide what to do next. And that he have six weeks to do this.
I asked that I never heard about this, and wasn't able to find a similar situation in google or elsewhere.
And most of people start yelling about my driving, but the questions was not in this.

AdrianC

igorjenz wrote: »

They can't give me a speeding ticket, as they are not even a traffic officers, and they don't have an equipment, and giving penalty based on their speed is crap.

They aren't giving you a "speeding ticket". You are being reported for careless driving. And all the evidence that's required is the word of two officers - but you can bet that there's a dash camera in the car as well as their bodycams. Your allegations will be easy to prove or disprove.

Frankly, it's looking ever more like you failed the attitude test. Badly.

You were driving like a muppet, you got tugged, you went all "I KNOW MY RIGHTS!" on them...

SHAFT

Car_54 wrote: »

CAB say that the police can search "if they have reasonable grounds to suspect that you have committed a crime or are about to commit a crime"
If true, they certainly had grounds in this case.

CAB? PACE governs search powers and given they need to give the grounds and inform the person what they are looking for it wouldn't apply for careless driving.

SHAFT

igorjenz wrote: »

They can't give me a speeding ticket, as they are not even a traffic officers, and they don't have an equipment, and giving penalty based on their speed is crap.

They can, two officers opinion is enough and it have to be department specific.

missile

I hope you get banned

Aylesbury_Duck

igorjenz wrote: »

I wasn't asking for advice about my driving, my rights were broken during the police stop, that's what I was asking, nothing else.

No one's giving you advice on your driving. Context however, is important if you want people to help. It's become evident that you failed the attitude test because you come across in a similar way here.

Anyway, you seem to have become an armchair lawyer overnight so you don't need our advice any more.

igorjenz

AdrianC wrote: »

They aren't giving you a "speeding ticket". You are being reported for careless driving. And all the evidence that's required is the word of two officers - but you can bet that there's a dash camera in the car as well as their bodycams. Your allegations will be easy to prove or disprove.

Frankly, it's looking ever more like you failed the attitude test. Badly.

You were driving like a muppet, you got tugged, you went all "I KNOW MY RIGHTS!" on them...

Which allegations, have I said something that I disagree with careless driving, I said that was driving badly, and we had a good speech with them, just when you are stopped, you will not be yelling with them about it.
I can drive how I want, and I never screamed the I KNOW MY RIGHTS, I came here to ask about the procedure, how it works, and what police can do what not.

igorjenz

SHAFT wrote: »

They can, two officers opinion is enough and it have to be department specific.

I know, but I wasn't driving very quick, maybe roughly +10mph, and was overtaking on the left lane, as two others were driving slowly, so basically I haven't nothing really serious. But of course, when car is driving behind and trying to catch the car, follower will have a greater speed.