Stopped by unmarked police car...opinions please.
warning
hi
i have a friend who is in traffic and there is a new objective thats been out for the last 2 years but not many people even boys in blue know about.it involves them putting a marker on the police system that you have been seen speeding,driving dangerously etc.they dont have to produce any paperwork or anything as they havent sufficient evidence but this marker shows for 12 months and if caught speeding or any other traffic offence they can immediately seize your car which will in turn cost you and the inconvenience.
i have a friend who is in traffic and there is a new objective thats been out for the last 2 years but not many people even boys in blue know about.it involves them putting a marker on the police system that you have been seen speeding,driving dangerously etc.they dont have to produce any paperwork or anything as they havent sufficient evidence but this marker shows for 12 months and if caught speeding or any other traffic offence they can immediately seize your car which will in turn cost you and the inconvenience.
RE: warning
Section 59. But you have to be issued with your first warning. And I believe it now tags the driver not the car.!
Steve
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RS6 gone, R32 gone, M3 gone, Porsche Cayenne Turbo gone, Boring A6 saloon gone, Boring A6 Avant going in 5 weeks
. Maybe RS5 or S5 Hatchback to come...
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RS6 gone, R32 gone, M3 gone, Porsche Cayenne Turbo gone, Boring A6 saloon gone, Boring A6 Avant going in 5 weeks
. Maybe RS5 or S5 Hatchback to come...Steeeerrrrrriiiikkkkke 1.... But Your safe in my opinion, they need to go about things ]in the correct fashion to prove in a court of law that it was all done correctly, too many loopholes if its not done by the book.
He's given you tyhe willies, and it worked..??? I wish I was that lucky! I was shown the camera with 101 on the clock, bang to rights...
He's given you tyhe willies, and it worked..??? I wish I was that lucky! I was shown the camera with 101 on the clock, bang to rights...
Thanks for all the help and support chaps! It's appreciated...
I do remember that the guy did verbally give me the NIP, but that was it! I can only hope that his so-called video evidence doesn't actually mitigate me for speeding.
What ever happens, i'm already planning my train/push bike journey into work just in case I do get banned.
I do remember that the guy did verbally give me the NIP, but that was it! I can only hope that his so-called video evidence doesn't actually mitigate me for speeding.
What ever happens, i'm already planning my train/push bike journey into work just in case I do get banned.
I suspect you won't hear anything more, although you will have to wait for 6 months to be sure. He has certainly left himself open to a defense of "it wasn't me" by not getting photo ID/evidence you were driving, I would have thought at a mimimum a producer would have been given at the roadside although the bad news always comes later...
When I was stopped (112) I was told could ask to see the video & if lost me on it would be very hard to prosecute but the only time the video had to be released was in court for all to see & if I was on it fully then I would be properly done... They had taken all my details at the roadside & weren't at all unpleasant, checked photo ID etc. I think if off duty would not have been in a car as not insured surely & would have had appropriate paperwork.
In the I end settled for a "specimen charge" of speeding & 6 points, so don't think a ban is automatic - police weren't best happy !
Good luck anyway !
When I was stopped (112) I was told could ask to see the video & if lost me on it would be very hard to prosecute but the only time the video had to be released was in court for all to see & if I was on it fully then I would be properly done... They had taken all my details at the roadside & weren't at all unpleasant, checked photo ID etc. I think if off duty would not have been in a car as not insured surely & would have had appropriate paperwork.
In the I end settled for a "specimen charge" of speeding & 6 points, so don't think a ban is automatic - police weren't best happy !
Good luck anyway !
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Coxall8395
- 3rd Gear
- Posts: 374
- Joined: Wed May 26, 2010 12:28 am
I am a traffic lawyer and agree with much on this topic. Either warning at the time of impending prosecution or NIP in 14 days to registered keeper.
However there may be some problems with evidence corroborating actual speeding but a speedometer which is calibrated will support the officer's "prior opinion" that the vehicle was exceeding the speed limit. Remember it's exceeding the speed limit over a sufficient distance to give a reliable reading.
If no warning at the time of being reported for consideration of prosecution (suggest you write down exactly what happened) or no NIP within 14 days then you should be okay. I have recently secured technical acquittals on careless driving because of no warning at the time and no NIP.
Possible careless driving case on the basis of what the officer saw generally. Failure to caution might render an admission to an offence possibly inadmissible but it does not always follow. Does not mean the whole procedure/prosecution fails.
Police often show the video so that the person knows the case is tight.
I reckon he's real but does not really know what he was doing or just wanted to give you a ticking off.
Agree with the police power to seize under S59 Police Reform Act but there does have to be a previous warning in the last 12 months.
Good luck and let us know.
However there may be some problems with evidence corroborating actual speeding but a speedometer which is calibrated will support the officer's "prior opinion" that the vehicle was exceeding the speed limit. Remember it's exceeding the speed limit over a sufficient distance to give a reliable reading.
If no warning at the time of being reported for consideration of prosecution (suggest you write down exactly what happened) or no NIP within 14 days then you should be okay. I have recently secured technical acquittals on careless driving because of no warning at the time and no NIP.
Possible careless driving case on the basis of what the officer saw generally. Failure to caution might render an admission to an offence possibly inadmissible but it does not always follow. Does not mean the whole procedure/prosecution fails.
Police often show the video so that the person knows the case is tight.
I reckon he's real but does not really know what he was doing or just wanted to give you a ticking off.
Agree with the police power to seize under S59 Police Reform Act but there does have to be a previous warning in the last 12 months.
Good luck and let us know.
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