jdmforest

me and a mate overtook an unmarked cop car and got pulled.......
he said we went past him well into triple figures and apparently racing etc etc,
and had it all on camera.
he said we could accept a fixed speeding ticket or go to court for speeding,racing on a public highway and dangerous driving!
obviously the lesser sounds better,but when we asked to see the footage he refused and said all tapes get sealed at the end of shift and we could see it in court......
asked him what speed we were clocked at and he said he hadnt clocked us,and my ticket says "for exceeding the 60mph limit"
when i persisted with wanting to see the tape,he got arsey and said he was taking us to court,so we took the ticket cos weve got 7 days to appeal if we want to go to court............
now,is he within his rights not to let us see the tape till court?
does he have it on tape??
is he bluffing???
do we risk becoming pedestrians????

GlesgaKiss

What is the ticket for? If he had recorded you doing triple figures you would be getting banned IMO.

scoobyverysoon

iTrader: (1)

Ive had this happen to me - not overtaking but giving it some beans when a unmarked copper was going other way - he tried giving me all that talk and said I was getting 6 points and a fine - when I asked him what he had me doing he tried his best to avoid the question saying he had to do 110mph to catch up to me - I asked again what have you got me doing as I didnt go over 30 anyway he threatend me with court and I said fine next thing you know he changed his mind and gave me a producer

end of the day if your in the wrong accept it but for me I was having none of it and lucky for me it worked

stu turbo 98

iTrader: (6)

P.C ******** should have shown you the video,the fact that he did not suggests he has no video evidence,if he pulled you straight away he could not get your speed checked, they need to video you over a certain distance and set the the speed using markers to start and stop recording your speed over that distance.if you choose to goto court they will have to show you the video at your request,but the video will have to be viewed by the cps and they will decide if there is evidence to support the charge,if you do appeal and there is no video evidence there is no case,and you wont even get to court,if you decide to pay the ticket you still have the right to ask for a copy of the video,the same as when you get caught on camera,if they havent got one to show you they will be forced to drop it

Aaron1978

iTrader: (12)

if you wasn't speeding racing etc, then go to court because he hasn't got evidence. It also sounds like he hasn't got much evidence anyway regardless, but i dare say you've posted on here because you know that if it goes to court and he HAS got video you might just be seen to be lets say 'shifting' if i was you and it was me a few months ago i could have got a lot worse but choose to take the penalty as i was clearly in the wrong and 3 points and £60 was a light punnishment.

Aaron

GlesgaKiss

I'm definetly thinking he doesn't have evidence, but without being there and seeing the way he spoke to you in person, it's difficult to advise: Because as you say, if he has evidence you are worse off.

Gramayr

Maybe try posting on here ?

stu turbo 98

iTrader: (6)

the fact the copper said "i didnt clock your speed"and "you were doing triple figures" and you have taken a ticket for speeding you will be appealing against speeding only and you will get away with it ,because he, has not recorded your speed,he cannot therefore bring up a case for reckless driving because he would have to arrest you for it at the time so theres no risk of getting a summons for these offences and incurring more penalties,if how ever he has got video evidence of you reckless driving (not speeding)going sideways etc the cps could summons you directly,you know he has no evidence of speeding (you will get away with it )if you know you over took him in a manner that was not reckless you have nothing to lose and should contest the fine and three points for speeding .

bob r

iTrader: (46)

Your post paints a picture of you driving like a ****, acting like a **** and probably speaking to the cop like a ****.

I doubt the cops had to show you any of the footage as it's evidence and you are not entitled to see it until you get to court.

Accept the points and wind your neck in before you end up explaining to a panel of 3 that you didn't realise that you were doing over a ton "your worships"

You Fooked up.....accept the penalty!

cossie-nutter

iTrader: (45)

How many points have you got so far and be truthful ? If you have none just take the 3 points and be a man about it as any insurance won't care about 3 points and always let you have them!

If however you think you can win go for it but when it turns to s-h-i-t after don't say you wasn't warned to take the easy option!

Good luck
cossie-nutter!

stu turbo 98

iTrader: (6)

Are you old bill bob r?i didnt get the impression from his post that he was driving like a ****,acting like a **** or speaking to the police like a ****,its simply says he overtook a police car and asked to see the evidence,only he knows what happened,if he was driving fast does that make him a **** then?do you put your foot down now and then ? or are you one of the rare % that stick to the rules?either way your opening line is a bit harsh and if it was adressed to me i would want an appology,and by the way any evidence that is admissable to court has to be made available to the accused its the law, the guy is just asking for our view on the subject ,not putting him self up for abuse.!

fivetide

iTrader: (1)

Likewise. I've been in a similar situation. Asked to see the film having been told it was 'all on tape'. Officer refused so i asked again to see his evidence as i disputed his claims about speed, he refused again.

I got out with the £60 3 points ticket in my hand because he was doing me a 'favour' and knew i'd use his reluctance to show me the tape in court if it got there.

Ignored the ticket (did do the producer though) and in 6 months... nothing, never heard from them again so no surprise. If you genuinely feel hard done by, for example he was doing 50 in a 60 and the road was straight etc then argue the case. If he has a point and really you were speeding so he's got you right you may as well take it on the chin.

5t.

Untitled

i think that if you take the court route they have to provide you or your solicitor with a copy of the evidence be it video or photographic 7 days before the court date otherwise the case will be thrown out.

s70rjw

iTrader: (2)

Speak with a lawyer. Much of the advice posted above is rubbish.

85rob

i disagree, whenever ive seen police doc's and that on the t.v they allways show the driver the evidence when hes sat in the back of their cop car. if you overtook him safely n tht then i would contest it as imo he should of showed you the evidence of you driving at so and so speed to justify giving you the ticket.

Get A Grip

Couldn't agree more.

There's so much rubbish spouted on here that it is no wonder people are easily led and persuaded that the law is this, that or the other.

Three or four years at University is what makes a lawyer, not listening to some drunken eejit in the pub who has a friend whose brother's mate got away with a producer...

jdmforest

who is this C*CK!!!!!!

cant you f**king read??

wind my neck in??

i overtook the police car as my post said and got pulled,
but to be prosicuted you need EVIDENCE,as you would know,with an attitude like that your obviously a copper!
as the many posts under your pathetic one says,if you bother to read my post properly i wasnt been a **** or talking to the copper like one,
so get off your judgemental high horse!

to everyone else,thankyou for your advice
i think im gonna have to take the 3 points rather than call his bluff,
no more clean licence!

RyanSTI

iTrader: (1)

i didnt think there was such an offence as exceeding the 60mpg limit. would'nt it read diffrently? i cant think off the top of my head.

when i got pulled on the m6 toll doing 90, the copper showed me the video of me coming over the hill. it looked cool, i said sorry and got to play with his lazer gun for a bit, before he wrote me out a ticket lol

Granty STi

If i was sat in the middle lane there would be no reason for me to chase you if say i was doing 60-70 and you passed me doing 70-80, because i could easly judge your estimated speed when passing me given my current speed. So If I was driving along doing 60-70 and you passed me doing 90 you would be travalling 20-30 mph faster than me. It does not take a rocket scientist to work out that if you came past me doing anything over 80mph its a good bet you speeding as you have overtaken me. So you can play the game and say show me the money, or just take the points because if i was a policeman there is no way i would want the paperwork if theres a chance you would walk free.

I like to drive fast from time to time thats most of the fun in driving a good car. So if you like to drive fast you run the risk of getting caut. I can't remember how may time I've been lucky that somethings happened to slow me down only to see a police speed trap round the corner.

So the liklyhood is you were speeding so my advise would be take the points before more points make prizes (and your sharing a cell with Nigel!!)

DCR59

If the police had concrete evidence that you had exceeded 60mph.

There are then 2 options;
Speeds 60-85mph, he can give a fixed penalty (fine plus points)

Over 86mph, he has no option but report you to the courts. He cannot offer you a fixed penalty at those speeds.

It looks like he has no evidence, and is hoping you will accept the fixed penalty.
Call his bluff, and let it go to court. With no evidence it will be thrown out.


Dave

mgcvk

Go to Pepipoo and you should get good advice
FightBack Forums

ditchmyster

iTrader: (7)

Sounds like you and your mate were having a bit of a play no real crime there. we've all done it, the only problem is you got nabbed..
now in my experience with the courts "plod" does'nt need a video despite what others have said, the magistrates will take his word/ professional opinion, that you as he said "were well into 3 figures" the cps will also add various charges like dangerous driving,racing on a public highway to secure a conviction, even if he was in his civies and saw you doing this and really wanted to push it he could get you in court. its the same for any crime that is witnessed..
Only you know what you were really doing that night and weather you were in the wrong or not, and if it was a fair cop or not.. the real question is
"Do you feel lucky punk"

oadamo

iTrader: (1)

pmsl did you ask for a copy.
adam

ash002004

iTrader: (1)

Think most important question was what sort of road was it?

dual carriageway? motorway? or a single lane one and you overtook him over the solid white line which you arent supposed to overtake on??

The copper does have to show you the tape, the fact that its sealed is complete pap as its all saved computerwise and can be played and rewound at your leisure in the back of his car.

If he says he had a video, and you go court, he'll have to "show" his video, which i doubt he even has,

go to court and take them at their game mate, he aint got nothing. as said before, if you were doing triple figures surely you'd of been arrested and car impounded for section 59 public disorder, surely?? plus they have to follow you for a certain time/distance before he can get a concrete lock on what average speed you were doing. did he pull you over as soon as you overtook him? cuz i guarantee he wouldnt have your official average speed. Loads of police try this everyday and people just sit and let them do it, take the points and the fine,

go to court and sort it!!!!!!!! go on lad, lol

oadamo

iTrader: (1)

i got pulled sat night for doing 50 in a 30. i was nice to the copper had a bit of a laugh and then at the end he said that he didnt get a accurate reading and told me to get home and stop racing.
adam

DB07P1

reading through it sounds like he doesnt have any evidence what so ever!i would try and fight it mate...play him at his own sneaky game!
but its your call at the end of the day...of course accepting the penalty is the easier route to take.
also bob r slightly uncalled for post....he only asked for an opinion...obviously you are 1 of the few who stick by the rules 24/7 365 days a year!we can't all be as angelic!

nsld

Mmm, guess law isnt your strong point Bob, Id stick to working with that talking digger!

To the OP, as you and a mate overtook him and he talked about racing there where two of you and two vehicles which means that unless plod technology has changed recently he cant clock the speed of two cars over the required distance at the same time unless your driving side by side in sight of the video.

If you want a copy of the video make a request for it under the data protection act (you will need to include consent from your mate in the other car otherwise they will say you cant have it as it contains his car info as well) after you have paid the ticket and the case is effectively closed, then when you have the tape if it shows that you where not being a prat you can then appeal the ticket on the basis of "new evidence"

Alternatively opt for prosecution in the courts and any evidence pertinent to the case has to be marked as disclosable on the MG6 form your lawyer will get along with the copy of the video. If they arent disclosing any video evidence or other evidence relating to your speed, driving etc then the CPS are unlikely to try and get a prosecution based purely on a police officers statement.

And magistrates are generally lay people so you dont call them "your worship"

In terms of the whole issue, thanks to FOI police forces have to publish policy and this is from Kent and in particular, two things stand out, 1, if your in three figure speeds then its an automatic summons and 2, if your racing and where not speeding then 10.1.4 would apply and if you where then 10.2


Likelihood is you where both being daft and the plod was looking for a simple disposal and made it look like he was doing you a favour.

10. Prosecution Policy
10.1.
Kent Police endorse the speed enforcement guidelines issued by ACPO. The document is in the public domain and staff will comply with the following:
10.1.1.
The guidance to police officers is that it is anticipated that, other than in the most exceptional circumstances the issue of fixed penalty notices and summonses is likely to be the minimum appropriate enforcement action as soon as the following speeds have been reached:
10.1.2.
Speed Limit Fixed Penalty Summons

20mph 25mph 35mph

30mph 35mph 50mph

40mph 46mph 66mph

50mph 57mph 76mph

60mph 68mph 86mph

70mph 79mph 96mph

10.1.3.
This guidance does not and cannot replace the police officers discretion and they may decide to issue a summons or a fixed penalty notice in respect of offences committed at speeds lower than those set out above.
10.1.4.
Moreover, in particular circumstances, driving at speeds lower than the legal limit may result in prosecution for other offences, for example dangerous driving or driving without due care and attention when the speed is inappropriate and inherently unsafe.”
10.2.
Summonses will not be issued for speeding offences where a fixed penalty could have been issued unless the circumstances are accompanied by an exceptional degree of danger, which specifically warrants prosecution. In these circumstances, the offence report must make clear the reason why a prosecution is being sought.
10.3.
The above prosecution policy applies to all drivers of a motor vehicle on a road who are able to provide a satisfactory address for the service of a summons. Where no satisfactory address can be supplied then general arrest conditions apply (Section 25 Police and Criminal Evidence Act 1984).

jdmforest

yeah i really dont belive he has us on tape at all,but got advice from solicitor this aft and he said keep hold of the speeding fine with both hands and pay it immediately!
he says they dont have to show you the tape,and even if he doesnt have it,its his word against ours and more than likely he will win.
he also said its up to a 12 MTH ban for dangerous driving,and could be forced to re take test,THEN they could deal with racing on a public highway seperately!!

although sumone posted a reply saying they ignored theirs and never heard anything again,ive done this before in a truck and that was 3 years ago!!

but if this coppers got a bee in his bonnet then he might follow it up.......
dont think its worth the risk. dont think most insurance companies bother with just 3 points anyway,just means ive lost my "safety barrier" !lol!

and yeah im still p*ssed off with "bob r" lol!

DB07P1

probably the best bet mate.....3 points or loss of license, i know what i would rather have

s1lko

Yes, it was a bit direct. But if someone is estimating his speed to be over a 100mph in a 60mph zone, I think a good number would agree...