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Author Police Powers
Russ
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Registered: 14th Mar 04
Location: Armchair
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2nd Jun 12 at 05:12   View User's Profile U2U Member Reply With Quote

Situation

Police pull driver, claim they're doing 56 in 40, very unlikely as driver rarely speeds and it's a very bendy bit of road, have no proof, tick a box on paperwork that says 'no video evidence' get the car Colour wrong and can't find the person on the driver database do claim they don't have a license.

Fine £60 and 3 points.

Can they do this? They've got no proof of the speed and made several assumptions, got information wrong, would it just get laughed out of court?
morpheus22
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Registered: 10th Oct 05
Location: sheffield
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2nd Jun 12 at 05:58   View User's Profile U2U Member Reply With Quote

i would think they wouldnt have much luck in court tbh russ, with no evidence of speed, but anything happens these days
Ben J
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Registered: 31st Jan 05
Location: Cheshire
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2nd Jun 12 at 06:27   View User's Profile U2U Member Reply With Quote

With no evidence surely they've not got a leg to stand on.
Russ
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Registered: 14th Mar 04
Location: Armchair
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2nd Jun 12 at 06:37   View User's Profile U2U Member Reply With Quote

thanks james and ben

this is what i imagine too
Welsh Dan
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Registered: 23rd Mar 00
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2nd Jun 12 at 07:03   View User's Profile U2U Member Reply With Quote

The points are for the speeding, rather than driving without a licence or not in accordance?

You said "no video evidence." Thats not "no evidence." Although video is helpful, its not the be all and end all. Possibly worth trying in court, but bear in mind that the fine/points can go up.
Gaz
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Registered: 24th Aug 03
Location: Widnes, Cheshire
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2nd Jun 12 at 07:10   View User's Profile U2U Member Reply With Quote

2 points:

was there 1 or 2 officers?
how wrong did they get the colour? (dark blue when it was a medium blue or Red when it was black?)
alan-g-w
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Registered: 9th Nov 07
Location: Glasgow
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2nd Jun 12 at 07:57   View User's Profile U2U Member Reply With Quote

If they can't do you for the speed then they'll maybe try and get you with careless driving or similair.
Nismo
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Registered: 12th Sep 02
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2nd Jun 12 at 08:08   View User's Profile U2U Member Reply With Quote

Its an ass, and you can fight it but as people said if you don't win you could end up with more.

I think the points are for speeding rather than anything else.

Citizens advice may be able to offer some assistance.
kennySRi
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Registered: 12th Nov 10
Location: Lancashire
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2nd Jun 12 at 08:14   View User's Profile U2U Member Reply With Quote

Not the same but when i was 18 i got pulled over for going through a red light late one night. There was 2 coppers and even though their stories completely contradicted eachother countless times and had no proof whatsoever i still lost in court.

If you dont have any points then i would probably just take them but if you think it will affect your license in the future then it could be worth a risk but i wouldnt count on getting away with it.
Kyle T
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Registered: 11th Sep 04
Location: Selby, North Yorkshire
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2nd Jun 12 at 12:19   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by kennySRi
Not the same but when i was 18 i got pulled over for going through a red light late one night. There was 2 coppers and even though their stories completely contradicted eachother countless times and had no proof whatsoever i still lost in court.

If you dont have any points then i would probably just take them but if you think it will affect your license in the future then it could be worth a risk but i wouldnt count on getting away with it.


Did you actually run the red?


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adiohead
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Registered: 28th Sep 01
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2nd Jun 12 at 12:38   View User's Profile U2U Member Reply With Quote

It's a fucking joke, basically the only option is to take it to court and you're unlikely to win.

Eck
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Registered: 17th Apr 06
Location: Lundin Links, Fife
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2nd Jun 12 at 14:17   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by corsatdi
No requirement for video evidence, for all you know the cars speedo may have been calibrated and all they need to do is pace you off static objects


There is no chance in hell they could pace you off static objects if they are driving towards you and believe you are speeding

Were they behind the car in question Russ? If they were driving in the opposite direction then I can't see how they can confirm that the vehicle was speeding. If they were behind it then aye, fucked unless it can be proved that the speedo wasn't calibrated.
Russ
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Registered: 14th Mar 04
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2nd Jun 12 at 15:10   View User's Profile U2U Member Reply With Quote

i think they were behind.

they say she was doing 52, then sped up to 56 "when you saw us"

because that makes sense, "shit police! let me try and lose them by going 4mph more".

Russ
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Registered: 14th Mar 04
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2nd Jun 12 at 15:11   View User's Profile U2U Member Reply With Quote

if they can't provide proof at the station i am going to perform a citizens arrest on the receptionist for every unsolved crime in history
kennySRi
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Registered: 12th Nov 10
Location: Lancashire
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2nd Jun 12 at 15:52   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Kyle T
quote:
Originally posted by kennySRi
Not the same but when i was 18 i got pulled over for going through a red light late one night. There was 2 coppers and even though their stories completely contradicted eachother countless times and had no proof whatsoever i still lost in court.

If you dont have any points then i would probably just take them but if you think it will affect your license in the future then it could be worth a risk but i wouldnt count on getting away with it.


Did you actually run the red?


Ye but that wasnt the point of my story. There was no evidence at all and the two officers had different stories. One side their light was on green and the oither said red. One of them said they were in the right hand filter lane and the other said the left lane. Basically everything that they said was totally opposite to the other story. I even had pictures to prove that were they were parked up you couldnt see my lights even though they said that they did see it.

 
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