555-Shaggy

I'm after some advice about the likely outcome of a pending court case.

A friend received a letter stating she had driven the wrong way on a one way street and was seen by a traffic warden - I now assume she can be done even though it was a traffic warden reporting it. She has now received a date to turn up in court. Can anyone tell me what punishment she is likey to receive and will circumstances make any difference (like its only a 5 metre one way street before coming two way, no other traffic around whatsoever). She currently has a clean licence for many years will this help? Is this likely to be a fine and points, a ban... what can she expect?

Cheers
Shaggy

Gridlock Mikey

The traffic warden needs to prove that she saw the offence taking place. i.e camera or corroboration with other independant witnessess. They can't do someone because they SAW them.
If that were the case, we'd be getting done for speeding because it LOOKS like you are going to fast or getting parking tickets because the Traffic Warden SAW you drive away (Don't you just LOVE doing that Let them get all excited, try and creep up on you and just as they get to within 4 ft of the car, tootle off hahahah Makes me laff just remembering it )

Admit nothing and ask to see proof

Mikey <First proper thing i've ever said to shaggy I think >

davegtt

exactly as said above, they need proof if they are gonna do it, any1 coul dhave been driving the car in the first place.

also just for the record, I did this in nottingham nr beeston coming outta a row of shops it almost came out onto a roundabout but it was about 2-3 metres into the dual carriageway and it was a left turn only, I ignored it and turn right (thus going the wrong way up a dual carriageway for a few metres onto a roundabout) a copper saw me, stopped me and I went to court, I neva turned up niether did my solicitor, I got them to write me a letter at the charge of £50 explaining what had happened and I put my hands up to it although thought I was being done for something stupid, got a £40 fine and no points

555-Shaggy

Mikey, you're not wrong mate

Dave, I think I know exactly where you were done (in more than one meaning of the word) - I go past it most week days..

davegtt

its where that pub is on the round about, is it a john milne or something? also near the QMC

555-Shaggy

What Priory Island? The Priory pub? That's way more dangerous than where my friend got caught.. hope all she gets is a £40 fine.. Do you recommend not turning up then?

Where did you send the letter to Dave? Seriously looking at trying this one..



Edit: Another question added..


[Edited by 555-Shaggy - 10/16/2003 3:08:54 PM]

JockyTT

You don't have to have tangible proof if the witness is classed as a credible expert.....

Legally enforceable but highly unlikely in reality.

555-Shaggy

Looks like they may be though..

davegtt

dunno what its called, I dont actually live in notts. if u come off the A52 at the QMC and follow the rd for beeston u go downhill by that dark brick wall and onto a roundabout (this is where it happened) there is a row of shops on the otherside of the roundabout I was pulling outta there.

I cant remember it was about 3 years ago now. I remember going to the solicitors and having a chat, he said its a give or take depending on how strick the judge wants to be on the day. with my court summons I would have had an address on it saying if I wish to provide a statement but do not want to turn up on the day please write it and send to this addy. the solicitor did this for me. remember just a £40 fine cause I hadnt had my licence for more than 1 year and already had 3 points for speeding. (yes I know my foolish years) so I dont know if that was part of what influenced the judges desicion???

not much mroe I can tell you, sorry hope she dont get done though, remember unless stopped at the scene of the crime or they have video/photographic evidence then it should get chucked outta court

Gridlock Mikey

Ame told you about letting Pen drive ya car

Mikey

T.C

Why is it that recently everyone who offers advice is saying that if it is uncorroborated or there is no pictorial you cannot get done, what total b@llocks.

Anyone can give evidence on what they say and a Traffic warden is no different in that they can stand up in court and say that they saw vehicle A123 BCD drive the wrong way against a 1 street or a No Entry sign.

No corroborative evidence is required no pictorial evidence is required, it is down to the Court to determine if the witness is giving factual evidence on which to convict.

Crying out loud if I had to rely on camera or corroborative evidence in my day, i would never have reported anyone.

BeemerboyII

DENY DENY DENY!!!!

Photographic evidence??? I dont think so.....

She'll be fine..as long as she doesn't cave in.

BBII

GreenMachine

If the offence was a simple mistake in good faith, the sign not clear, or newly installed etc., I would write a note to the court myself - no need for a lawyer IMO.

Happened to me several years ago and I got a £10 fine and no points.

If you (sorry, "your friend" )) was really taking the ****, then just apologise for your momentary lack of attention and hope for the best

Mungo

The traffic warden's word will be admissible in court - same as if they say they saw you parked illegally.
I got done for this by a copper a few years ago - I reversed into a parking space in the one-way street where I lived, but through the no-entry signs at the end.... I got a £20 fixed penalty but no points, offence was "Contravening a no-entry sign". I did try to tell the insurance co but they couldn't find an offence code, and weren't bothered as no points were given.
I'm surprised that anybody's bothered taking this to court.

scoobyvirgin

I saw a copper do this on sunday, He actually waited to check no-one was looking and drove straight through a no entry sign.

Tut tut!

alcazar

iTrader: (2)

<<<<I'm surprised that anybody's bothered taking this to court.>>>>


Well, I'm not[img]images/smilies/mad.gif[/img] This IS Notts we're talking here you know!!
The self same Notts with all the speed cameras, traffic light cameras, and the same Notts that tries out every trick to DO drivers first before all other authorities! The same Notts which has been one of the first police forces to hijack someone's car................
Notts: the safest place to live in the UK.............except for gun crime, robbery, violent crime, street crime, burglary etc etc etc etc .

Notts chief constable: waste of space and money!
Alcazar

j_p_h

A friend of mine got done for this in wakefiled. He got a small fine cant remember exact ammount and 3 penalty points.

P1555ED

Going through a no entry sign used to carry no points but now is endorseable, 3 points.

MISS SCOOBY STI

[Edited by MISS SCOOBY STI - 10/19/2003 1:42:56 AM]

davegtt

yeah a traffic wardens word is admissable in courst but its the same as a copper cant do u ifhes on his own without photographic evidence. any1 coud have been driving his friends car, how can the take 1 particular person to court when neither of the people allowed to drive the car cant remember what happened. they cant, its like taking some1 to court for murder cause they saw this particular car kill some1, when any1 could have been driving

555-Shaggy

Spoke to my friend last night and they had a letter from Notts Constab. asking for license details etc, and has effectively admitted she was driving Fine.. but now she has to fill in a means test form to send back so they can decide how much to fine her.. can't she just send a letter to the court saying "Sorry, I admit it" and get a £60 fine and 3 points the same as speeding?

Maddriver

Answers what I was about to ask.

OK so the Traffic Warden can testify that s/he saw car with reg plate xxxxxx driving wrong way down one way street - plus said freind has admitted she was driving said vehicle at the time of the alleged incident.

I'd of said thats enough evidence for a court case (note: I'm not a legal expert)

Can't be compared to speeding e.g. you may feel I'm driving fast but have no way of knowing if I'm exceeding the speed limit or not. Whereas driving the wrong way down a one way street, either I am or I'm not, and if I'm seen theres a witness. Speed is subjective, and difficult to estimate, direction down a street you know to be one way isn't.

She'd be better of speaking to a lawyer than seeking opinions on Scoobynet, no way of knowing how good the advice you get here is.