gregh

On the A614 today, overtaking someone quite safely when I see a white Police car and the radar detector goes mental. As I am half way thru the maneovure I carry on, all safely.

A couple of miles later the same police car tears up behind me then tail gates me for a couple of miles before the blue lights come on and I pull over.

He tells me I was doing 87 in a 60. He then says that he has stopped me for speeding on the A614. He then says have I got any points and did I know that the fixed penalty is 3 points and £60.

I ask do you have to keep inside the speed limit when overtaking, to which he laughs.

I ask if he caught me with a laser camera and he says yes, it's on the front seat.

Then he writes down my reg, speed and surname on a piece of A4, says look after your car and drives off.

I'm left with nothing! The only other time I got stopped a load of paperwork was filled out in the car and I was given a fixed penalty notice then and there.

Does he still have 14 days to send me a NIP now?

There was only one policeman and he didn't show me any evidence.

Regards,

greg

Richard Askew

...Question One : was the plod car stationary or driving when u first saw him? If he was driving then he must have had one hand on the gun and one hand on the wheel - naughty...
and the radar would have not been accurate

Question 2 - did you get his details - if yes then ask for an incident report

If u get an NIP then contact a solicitor straight away - u may well have a good case and demand to see the most current calibration certificate for the gun

camk

If you were not read your rights e.g. you have the right to remain silent etc then your OK as he took a statement from you without advising you of your rights.
I believe in Scotland they need 2 policeman to do you, possibly thats changed but it was my understanding that as in this case down south it only requires 1 officer. However sounds very dodgy. A reminder to all, always take the officers number whatever they stop you for.

Regards
Cammy

evo kid

i would say you still need two coppers or its just your word against his (bet they still belive him over you though)

medders

not true. The evidence is coroborated by the device.
Normal traffic police (ie non motorway) nearly always work alone here.

Dizzy

ahhh the misterys of modern law...
I always thought that you need 2 plods in the car too but thats only down the grapevine. Be VERY warry of calling your solictor in if its just 3 points.. If you contest and it goes to court the judge will probably through the book at you and at that speed its game over. Its DEFINATLY NOT ok too speed even if your overtaking.

Only time I've ever been stopped was when I overtook an "unmarked" Y (old) reg fiesta.. I stopped at the lights n he got out and gave me the "Do you normally drive like that blah blah blah..." never booked me though coz he was a special but I still cr4pped me pants

BarryK

Well I've heard it all now. So overtaking negates the speed limit?

God, I hope you're joking.

boomer

Greg,

fingers crossed, you should be OK.

If it goes any further, get a solicitor and bear in mind that the cop did not make a record in his "little Police log book", thus no proper audit trail. Also, i think that they are not allowed to ask about previous convictions (i.e. existing points on your licence) as it may sway their decision whether or not to prosecute. And, of course, query his failure to give you a ticket at the time. Oh, and maybe even mention the tailgating.

As for speeding whilst overtaking - YES it is an offence (otherwise you would be "safe" doing 130mph in the outside lane of a motorway ).

mb

Jan Dragosz

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by boomer:
<B>Greg,

fingers crossed, you should be OK.

If it goes any further, get a solicitor and bear in mind that the cop did not make a record in his "little Police log book", thus no proper audit trail. Also, i think that they are not allowed to ask about previous convictions (i.e. existing points on your licence) as it may sway their decision whether or not to prosecute. And, of course, query his failure to give you a ticket at the time. Oh, and maybe even mention the tailgating.

As for speeding whilst overtaking - YES it is an offence (otherwise you would be "safe" doing 130mph in the outside lane of a motorway ).

mb[/quote]

I don't believe it is an offence. The highway code says overtake as quickly as possible - it says nothing about keeping within the speed limit - unless my book is just too old!

medders

87 in a 60 is a ban, but if he didn't report you for the offence on the spot, I doubt very much if he intends to book you (although in theory he could). If you were stopped and he was going to report you, you should have been verbally NIP'd at the time, but it doesn't sound like you were.
A lucky escape perhaps!

Veracocha

Everytime I have been caught I had the 'You have the right to remain silent' speech, which is compulsory when you commit an offence so you probably got away with it (PROBABLY).

medders

Dizzy, I doubt he didn't book you "because he was a special".
He was probably just being nice to you.

[This message has been edited by medders (edited 30 July 2001).]

Dizzy

From the look on his face he didn't book me coz he was on his own and off duty (ie 0 eveidance)... but your probably right

Peanuts

iTrader: (15)

I hope your right and you got away with it. I can only draw upon my own experience in this matter and have to say YES you can be done with only one policeman, it happened to me and I was banned..
however I was read the riot act (as well as my rights) there and then.
the signs are good for you and the Gods are (hopefully) smiling.
the magistrate was willing to take the evidence of one policeman and the camera over me and my brief so dont count on that one working tho`

good luck

Andy...

nevr

If you did not get a fixed penalty and no verbally NIP you may be ok .If he was going to be lazy and just put your number up to the camera office to send off an NIP by post.. If he didnt show you the lazer likely he didnt get a good reading. Did he look at your driving docs if not did he give you a producer if not he was only giving you a warning, your details taken because some forces count cautions as an officers tally

Lushman

Medders,
I want to turn this into a Bitch Fight, but I am only writing what I was informed, Police have rules they have to abide by aswell.
Finally, it was shown on the news the speed cameras planted on the M11 will fund the police to purchase more cameras as fines go to the police force in order for this to happen.
The country has become a victim of itself by becoming a sell out and I think it sucks.

Lushman

Medders,
I want to turn this into a Bitch Fight, but I am only writing what I was informed, Police have rules they have to abide by aswell.
Finally, it was shown on the news the speed cameras planted on the M11 will fund the police to purchase more cameras as fines go to the police force in order for this to happen.
The country has become a victim of itself by becoming a sell out and I think it sucks.

medders

Lushman - I am not bitch fighting with you. I am just trying to stop people going to court and saying, "there was only one policeman, blah blah" only to be told "and your point is.....?" then getting more points than they would've.

The point re speed camera's is correct. 8 or 9 forces in the country are currently running a pilot scheme using some of the money from speed camera's to fund more speed camera's.

Greg wasn't done by a speed camera though.

The police do have rules and have to abide by them I agree. It's just that you don't appear to know what they are.

I'm not having a go at you, but Mis information is a dangerous thing. If you are going to take on the law and not come away with your tail between your legs and extra points or a longer ban, then you have to know what you're talking about.

Jza

Just to enlighten everyone...

If you get done +25mph over the limit, they HAVE to report it to their top man who then sets a court date for you.

If you were going to get away with it he would have given you a ticket for 3points and £60.

He hasnt - so expect a summons in the post and at the very least 6 points + fine or a 21 day ban. If he didnt tell you this, you will get a notice to intend to prosecute within 14 days.

If you must speed - keep within the +25mph limit so you'll get 3 points only!!

Jza

Lushman

He should have given you a Slip which you are supposed to sign without that he has no real evidence. Did he give you anything. like a 7 day wonder, where you have to show your documents to the local copshop in 7 days.
If there no one else in his car he does not have enough evidence convict you, Although the camera shows your car was speeding it will go to 1 on 1 in a court.
If they want to do you for speeding he would have stopped you immediately and not tailed you.
To me it sounds this copper was trying to make a fast buck out of you and scare you into giving him money.
Hope this helps.

medders

Lushman
Don't mean to sound like a know it all but you are not correct in your statement.

You do NOT have to sign anything in order to be reported for an offence. He does not have to see your docs.
As I have said already in this post one police officer CAN book you as the laser is coroboration. It has been known for cases to go to court with ONLY the word of the police officer and no coroboration.

Finally, he wasn't trying to make a fast buck as he had stopped greg for speeding which is his job (no offence greg). He get's no money from the ticket, and neither do the police. The government get it.

It scares me that "urban myths" are quoted so readily on this board. If you go round acting on this misinformation you are going to earn yourselves more hassle than neccessary!