on 4th Nov I m ay loose my licence, can anyone help???????
#1
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on 4th Nov I m ay loose my licence, can anyone help???????
Whilst travelling east bound on the M4 in 2003 from Bristol to Swindon, my passenger was not feeling to good! not my driving honest . He said he thougt he was going to be sick and could I pull over.
At that point, my snooper started to beep, indicating a possible trap I automatically breaked as you do even before looking at my speedo. All was cool so I thought.!! I said I would pull over as soon as we pass what ever was making the snooper beep. Low and behold supprise supprise, little old bill hiding behind a bush indescriminantly waving around a lazer gun ("are they allowed to do that"?) I looked across at them as we passed thinking naughty naugthy, but at least I was safe good old snooper.
As we were passing our friends in blue ,..a peurgot same colour came screaming up the inside of us, and I can remember thinking this is not going to be his day!!
Any how about 50metres or so on from them, I pulled over on to the hard shoulder to let my unwell passenger out!! As I dont really like people being ill I faced away from the barrier to the traffic on the M4.
I spotted plod in the outside lane and "yeh I know" flagged him down. Big mistake, huge as, had I not I would not be in this poo! right now. especially as he was just about to drive on by!
So they pulled in front of us and I went up to there car and said my passenger is unwell can you help? to which and to my total confusion replied "well he looked fine just now driving 107mph" huh???????? hello I was driving and I certainly was not doing 107mph??. I think you have the wrong car mate! .
Differences male vs female 6ft against 5'6 short hair vs long. red top vs white top. He was then put in the back of plods car and cautioned replying "no comment" "no comment" and given a producer which he signed I said he should not have because they had driver ticked. I refused to sign mine as I said it was incorrect as I was the driver and not the passenger as they had ticked! .
Charges..........me allowing a provisional licence holder to drive my car whilst not insured. No L plates "not that I possess any" and failing to supervise his speed and aiding and abetting all his crimes!!! :c
ry: ........Him driving on a provisional licence on a motorway, no L plates no insurance and driving at 107mph.
Finally if youre still reading!!!! he has only from what I can gather had about 6 lessons in his life and has not been behind the wheel since. (no offence mate) but cannot even pull away from a stand still without stalling a few times (yeh I know we all did it) and quite frankly has more chance of winning the lottery then me letting him to drive my escort cossie!!! infact I don't let anyone drive it and only have insurance for myself
on 4th Nov I may loose my licence this is not fair, can anyone help. The thought of not being able to drive my cossie for a long time is not
Good!!
At that point, my snooper started to beep, indicating a possible trap I automatically breaked as you do even before looking at my speedo. All was cool so I thought.!! I said I would pull over as soon as we pass what ever was making the snooper beep. Low and behold supprise supprise, little old bill hiding behind a bush indescriminantly waving around a lazer gun ("are they allowed to do that"?) I looked across at them as we passed thinking naughty naugthy, but at least I was safe good old snooper.
As we were passing our friends in blue ,..a peurgot same colour came screaming up the inside of us, and I can remember thinking this is not going to be his day!!
Any how about 50metres or so on from them, I pulled over on to the hard shoulder to let my unwell passenger out!! As I dont really like people being ill I faced away from the barrier to the traffic on the M4.
I spotted plod in the outside lane and "yeh I know" flagged him down. Big mistake, huge as, had I not I would not be in this poo! right now. especially as he was just about to drive on by!
So they pulled in front of us and I went up to there car and said my passenger is unwell can you help? to which and to my total confusion replied "well he looked fine just now driving 107mph" huh???????? hello I was driving and I certainly was not doing 107mph??. I think you have the wrong car mate! .
Differences male vs female 6ft against 5'6 short hair vs long. red top vs white top. He was then put in the back of plods car and cautioned replying "no comment" "no comment" and given a producer which he signed I said he should not have because they had driver ticked. I refused to sign mine as I said it was incorrect as I was the driver and not the passenger as they had ticked! .
Charges..........me allowing a provisional licence holder to drive my car whilst not insured. No L plates "not that I possess any" and failing to supervise his speed and aiding and abetting all his crimes!!! :c
ry: ........Him driving on a provisional licence on a motorway, no L plates no insurance and driving at 107mph.
Finally if youre still reading!!!! he has only from what I can gather had about 6 lessons in his life and has not been behind the wheel since. (no offence mate) but cannot even pull away from a stand still without stalling a few times (yeh I know we all did it) and quite frankly has more chance of winning the lottery then me letting him to drive my escort cossie!!! infact I don't let anyone drive it and only have insurance for myself
on 4th Nov I may loose my licence this is not fair, can anyone help. The thought of not being able to drive my cossie for a long time is not
Good!!
#4
Caraholic
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IN THEORY, you "should" be okay if you can convince the magistrates that the inexperienced person just signed the document because he was asked to and you knowing a bit more about it did not sign it, as you WERE the driver NOT him and noticed the different ticked boxes etc.
If you were both out of the car at the time, then they "shouldn't" have a leg to stand on (especially if passenger was on passenger side puking when they first pulled over).
The only problem nowadays is that some police lie through their teeth to cover up mistakes etc and the magistrates ALWAYS believe them over you... .
You need a VERY good solicitor .
If you were both out of the car at the time, then they "shouldn't" have a leg to stand on (especially if passenger was on passenger side puking when they first pulled over).
The only problem nowadays is that some police lie through their teeth to cover up mistakes etc and the magistrates ALWAYS believe them over you... .
You need a VERY good solicitor .
#5
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thanks! know what you mean! they do lie in fact one of them said that if I said in court that I was driving then, they would attend court and as quoted by one "who do you think the courts would believe you or us police officers" the magistrates hold us in high asteem. "you will then go to prison for perjury"!!!
I know that there are lots of briefs out there ,but does anyone know of a good one, someone who deals with this sort of thing and more importantly has won?????
I know that there are lots of briefs out there ,but does anyone know of a good one, someone who deals with this sort of thing and more importantly has won?????
#7
Caraholic
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Unfortunately you have left it a bit late, as two days doesn't give any solicitor much preparation. Is this just the pre-trial court appearance for you to plead guilty or not guilty?
Incidentally you won't go to prison, if they chose to believe the police, your financial punishment / points / ban will just be made greater for the fact that you didn't plead guilty and tried to "get away with it".
Incidentally you won't go to prison, if they chose to believe the police, your financial punishment / points / ban will just be made greater for the fact that you didn't plead guilty and tried to "get away with it".
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#8
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For once I wish they had it on video, then they may have seen who was driving!!! I think what happened was they were randomly searching got a 107mph reading, looked up saw the "go faster car" with stop me written all over it put 2 and 2 togther got eight and wrong car instead of what they should have been doing and that is looking with their eyes first seeing a car that looked like it was speeding then checked it with their laser
#10
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Cossieracer something doesn't sound right here. Are you telling us everything?
Why did you flag down a police car on the motorway because your friend was ill? If they were in the outside lane about to drive by to stop would still put them a couple of hundred metres up the motorway. Is it in fact the case that they were stopping you anyway? It seems very strange that they would suddenly decide to do you for speeding because you flagged them down.
Why when cautioned did your friend not say something along the lines of "I wasn't driving it was her" etc instead of "No comment"?
It also seems very doubtful that any police officer is going to mistake an Escort Cosworth for a Peugeot as they are a distinctive shape.
I don't know you or the officers but given the above set of circumstances, and i'm not having a go at you, but I think a court is definately going to believe the officers as your account doesn't sound right. Your friend had the opportunity to say that he wasn't driving and decided to answer 'no comment'. A court is allowed to draw an inference if he then gives a version of events at court (ie I wasn't driving) that he didn't mention at the time.
Good luck anyway.
Why did you flag down a police car on the motorway because your friend was ill? If they were in the outside lane about to drive by to stop would still put them a couple of hundred metres up the motorway. Is it in fact the case that they were stopping you anyway? It seems very strange that they would suddenly decide to do you for speeding because you flagged them down.
Why when cautioned did your friend not say something along the lines of "I wasn't driving it was her" etc instead of "No comment"?
It also seems very doubtful that any police officer is going to mistake an Escort Cosworth for a Peugeot as they are a distinctive shape.
I don't know you or the officers but given the above set of circumstances, and i'm not having a go at you, but I think a court is definately going to believe the officers as your account doesn't sound right. Your friend had the opportunity to say that he wasn't driving and decided to answer 'no comment'. A court is allowed to draw an inference if he then gives a version of events at court (ie I wasn't driving) that he didn't mention at the time.
Good luck anyway.
#12
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Good luck mate. fooking c**ts the lot of them.
#13
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Originally Posted by Jimboxr4x4
Cossieracer something doesn't sound right here. Are you telling us everything?
Why did you flag down a police car on the motorway because your friend was ill? If they were in the outside lane about to drive by to stop would still put them a couple of hundred metres up the motorway. Is it in fact the case that they were stopping you anyway? It seems very strange that they would suddenly decide to do you for speeding because you flagged them down.
Why when cautioned did your friend not say something along the lines of "I wasn't driving it was her" etc instead of "No comment"?
It also seems very doubtful that any police officer is going to mistake an Escort Cosworth for a Peugeot as they are a distinctive shape.
I don't know you or the officers but given the above set of circumstances, and i'm not having a go at you, but I think a court is definately going to believe the officers as your account doesn't sound right. Your friend had the opportunity to say that he wasn't driving and decided to answer 'no comment'. A court is allowed to draw an inference if he then gives a version of events at court (ie I wasn't driving) that he didn't mention at the time.
Good luck anyway.
Why did you flag down a police car on the motorway because your friend was ill? If they were in the outside lane about to drive by to stop would still put them a couple of hundred metres up the motorway. Is it in fact the case that they were stopping you anyway? It seems very strange that they would suddenly decide to do you for speeding because you flagged them down.
Why when cautioned did your friend not say something along the lines of "I wasn't driving it was her" etc instead of "No comment"?
It also seems very doubtful that any police officer is going to mistake an Escort Cosworth for a Peugeot as they are a distinctive shape.
I don't know you or the officers but given the above set of circumstances, and i'm not having a go at you, but I think a court is definately going to believe the officers as your account doesn't sound right. Your friend had the opportunity to say that he wasn't driving and decided to answer 'no comment'. A court is allowed to draw an inference if he then gives a version of events at court (ie I wasn't driving) that he didn't mention at the time.
Good luck anyway.
Okay when I put this post on I was trying to keep it concise as possible as apposed to he said she said stuff!! Firstly the police car did have to reverse back to us some distance and even then, I had to walk to the police car. the first words out of my mouth was that he was not well, followed by them saying he looked fine driving at 107mph, to which I then replied I was driving. So if anything during that first minute in not so many words I was saying I was the driver!!!!!. I dont want to be done for excess speed over 100mph which we all know is a ban, yet I still maintained that I was the driver. Lets face it it would have been easy and tempting for anyone to blame another to avoid a penalty or ban surely. Yet I didnt. The passenger was saying he was the passenger long before he was put in the police car but obviously to deaf ears!!! so in the end dec ided to say "no comment" obviously been watching too much TV.
The whole idea of having a snooper is to check youre speed and yeh to avoid traps. I speed as I am sure you do and anyone who says they have never is a liar. When the snooper gave off signals I was in the outside lane then immediately slowed down. The peugeot shot straight thru the middle. You know there may be a slight possibility that perhaps the driver did not have a snooper device and was therefore unaware!!
To me it looked as though the police officer were scanning got a reading, looked up saw the "go faster car "on the outside "it must be them" right????
Perhaps these police officers in all honesty believe they saw what they think they saw, all be it incorrect!!!
maybe had they observed firstly checked with the laser as confirmation then I would not be sitting here defending myself.
People who know me know that I call a spade a spade I cock up I dont have a problem with owning up!
#14
Caraholic
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Lazer is very accurate and is NOT like radar (which can get readings off other cars around you). With a lazer system it is pointed at individual cars. The reason why your detector went off is that it was being pointed at you (it even has a telescopic sighting mechanism on the top to allow this) .
I fear the worse for you.... They probably couldn't believe it was your car .
I fear the worse for you.... They probably couldn't believe it was your car .
#15
just finding my feet
gp court and us ya mate as evidence, the dont always take the police's word for it, depends on the courts mate
i knopw ive got away with alot of stuff, so have a few mates of mine too
if ya turn up to court and plead guilty to speeding and explain the police was mistaken and he was throwing up ect
i cant se the magistrates getting it wrong
but then ya mate did sign saying he was the driver, what did you do at the time and was a note made
just tell the truth, thats all ya can do mate
seems strange the old bill didnt wanna take your word for it when you was admitting your the driver ?
i knopw ive got away with alot of stuff, so have a few mates of mine too
if ya turn up to court and plead guilty to speeding and explain the police was mistaken and he was throwing up ect
i cant se the magistrates getting it wrong
but then ya mate did sign saying he was the driver, what did you do at the time and was a note made
just tell the truth, thats all ya can do mate
seems strange the old bill didnt wanna take your word for it when you was admitting your the driver ?
#16
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Having a quick read through it could sound like your friend was driving and the following events were done to try and get some kind of witness statement that you were driving not them!
#17
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Cossieracer all I can say is good luck to you but I can tell you now that your mate answering 'no comment' will almost certainly prevent the court from believing you when you say you were the driver. People think they are being smart answering 'no comment' but you should only say this if guilty. If you're innocent then tell the truth!
Is it also possible that you were going faster than you thought? The gun was obviously pointed at your car (as detector went off) and they would have got a reading of your speed. If they are lying about your speed then shame on them and they are idiots for risking their Ł38k a year jobs in order to stitch someone up who they don't know just because you have a nice motor.
Is it also possible that you were going faster than you thought? The gun was obviously pointed at your car (as detector went off) and they would have got a reading of your speed. If they are lying about your speed then shame on them and they are idiots for risking their Ł38k a year jobs in order to stitch someone up who they don't know just because you have a nice motor.
#19
Originally Posted by Phil
Having a quick read through it could sound like your friend was driving and the following events were done to try and get some kind of witness statement that you were driving not them!
#20
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This is how I feel right now. I think that it is wrong that a person that has not even really started driving should be convicted for being a passenger
a pause for thought: who out there would be brave enough and in their right mind unless feeling suicidal to let someone with 6 lessons under their belt ,stalls everytime they pull away and cannot change gear and steer at the same time drive their pride and joy 107mph up the motorway answer that one!!!!
a pause for thought: who out there would be brave enough and in their right mind unless feeling suicidal to let someone with 6 lessons under their belt ,stalls everytime they pull away and cannot change gear and steer at the same time drive their pride and joy 107mph up the motorway answer that one!!!!
#21
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Doug, thats fair enough it is just what it could look like after a quick glance from a third party! I still don't get the whole flagging the Police down as someone is ill think???
Either way I hope it comes out OK for you!
Either way I hope it comes out OK for you!
#22
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a pause for thought: who out there would be brave enough and in their right mind unless feeling suicidal to let someone with 6 lessons under their belt ,stalls everytime they pull away and cannot change gear and steer at the same time drive their pride and joy 107mph up the motorway answer that one!!!!
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From my experience of courts and driving offences i'd say you shafted
be very suprised if the magistrates even bother paying any attention to your version
sorry
and good luck
be very suprised if the magistrates even bother paying any attention to your version
sorry
and good luck
#24
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Originally Posted by Doug Stirling
Originally Posted by Phil
Having a quick read through it could sound like your friend was driving and the following events were done to try and get some kind of witness statement that you were driving not them!
in all honesty I didnt think that I was speeding, snooper started beeping I slowed down. Passenger was unwell, why I flagged them down I dont know actually just cant handle people being ill around me always think the worst!!
#28
just finding my feet
not being funny but i got a mate whos NEVER had proper driving lessons, he can drive though, i would give him the keys to my car at anytime as he can deffo handle a car, he drives better than me
i agree though, why would ya tug the old bill if ya mates ill
thats the bit i dont understand and a magistates prob wont either
oh and as for "no comment"
that only works if everyone says "no comment" and they aint got a real evidence
remember crimes are solved by people pleading guilty or a satment from people, no body talks then ya get let off
i know this really really well, know sooooo many people who should be inside but we all stick to the same statement and the oldbill have to solve the crime, belive it or not there not that fucking good at it
i agree though, why would ya tug the old bill if ya mates ill
thats the bit i dont understand and a magistates prob wont either
oh and as for "no comment"
that only works if everyone says "no comment" and they aint got a real evidence
remember crimes are solved by people pleading guilty or a satment from people, no body talks then ya get let off
i know this really really well, know sooooo many people who should be inside but we all stick to the same statement and the oldbill have to solve the crime, belive it or not there not that fucking good at it
#29
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case should be thrown out because the passenger was charged with the offence he's gonna plead not guilty with mitigating circustances i.e not insured on the car and you were
then your gonna say it was you, but you haven't been cautioned at the scene so it should be thrown out or they'll call you in again giving you time to pepare a case.
but the rules as i understand it shouldn't allow this.
I got nicked doing 104.7 and didn't get a ban.
cheers
Daniel
then your gonna say it was you, but you haven't been cautioned at the scene so it should be thrown out or they'll call you in again giving you time to pepare a case.
but the rules as i understand it shouldn't allow this.
I got nicked doing 104.7 and didn't get a ban.
cheers
Daniel
#30
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Originally Posted by Jimboxr4x4
a pause for thought: who out there would be brave enough and in their right mind unless feeling suicidal to let someone with 6 lessons under their belt ,stalls everytime they pull away and cannot change gear and steer at the same time drive their pride and joy 107mph up the motorway answer that one!!!!
No what I am referring to is with reference to the police and their statement of 107mph not the reality. Look!!! my car is my pride and joy I love having and feel quite lucky to have it. The pollice have used or should I say stated this speed not I, and all I am trying to get across is that if you think about it, no matter what the car, and I certainly enjoy life enough to know that I would be terrified sitting next to someone who cannot drive its bad enough encountering some of the road users on the motorway with a licence dont you think???
#31
Advanced PassionFord User
b19bal thats where you're wrong mate. I agree saying no comment can work if there is little evidence but it can also completely shaft you.
Don't forget that an interview is also your opportunity to state your defence. If you fail to take that opportunity and then later state something as a defence the court can draw the inference that you are lying as you didn't state it earlier when you had the chance.
As a general rule a solicitor will advise you to tell the truth if innocent or to say 'no comment' if guilty.
Don't forget that an interview is also your opportunity to state your defence. If you fail to take that opportunity and then later state something as a defence the court can draw the inference that you are lying as you didn't state it earlier when you had the chance.
As a general rule a solicitor will advise you to tell the truth if innocent or to say 'no comment' if guilty.
#32
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It sound's like we are still missing the point here, what if you had not flagged the old bill down, surely they had you on the gun anyway so you would have got a ticket through the post? Mind you they should have to stop you and properly pull you and show u what you have done etc surely? at that speed? I know on some occasions they don't, I got done doing 93 in a 70, the only reason they didnt stop me is cos they pulled another prick racing me but got it through the post, if this all happend in 2003, did you not get it through the post, or am I missing the point here?
#34
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cheers katie!! but you know me had I done something I shouldnt have I will happily put my hands up!!! even have a good old chat about it
On this occasion I am strenuously denying it and feeling
On this occasion I am strenuously denying it and feeling
#35
just finding my feet
b19bal thats where you're wrong mate. I agree saying no comment can work if there is little evidence but it can also completely shaft you
sorry matey but i have got away with a really really bad offence, got bailed 3 times ( third time they let me go obv)
we only stated not guilty and let the police make there own case
they couldnt confirm all the details and also the tampered with the evidence to actually use it in court
no if one of us told the situation we would all have to a bit of bird ( from 5 years too )
good thing was made me think a shit load about things
like always give ya stash to a think copper whos always right and feels he has a need to open stuff
oh and report is as the wrong stuff too
thats why all car drivers get caught more than proper criminals, they have reg plates to prove stuff
criminals dont
infact the old bill dont usually nick poeople unles they have real proof, i remeber a prick hanging round me car, i reported it and said someones eying me car up ( the fooker double parked against me car to have a butchers in it , twice )
that night me car gets broken into , they said i have no real proof that they done it so are not willing to investgate it unless they get a whitness
good luck matr and sorry to jump in on ya thread
#36
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Belle, forgive me if i am wrong.
But how the fuck can they convict YOU if you were in their opinion the passenger?
Surely it should be the DRIVER (your mate) they should be trying to nail for driving with no insurance, no L plates etc?. Afetrall, (s)he signed the form???
I dont see how they can be trying to nail you for it? Maybe I am wrong? Goodluck with it anyway
But how the fuck can they convict YOU if you were in their opinion the passenger?
Surely it should be the DRIVER (your mate) they should be trying to nail for driving with no insurance, no L plates etc?. Afetrall, (s)he signed the form???
I dont see how they can be trying to nail you for it? Maybe I am wrong? Goodluck with it anyway
#38
just finding my feet
they will do him for allowing the guy to use his car
another mate of mine was driving his birds car, hes got no licence, insurance ect
he got done when he got tugged and she got eother 3 or 6 points and 200 quid fine for allowing me mate to use her car ( stupid bint, should have said he nicked it )
anyway was a long time ago it happened so im guessing its gona be a higher fine now
another mate of mine was driving his birds car, hes got no licence, insurance ect
he got done when he got tugged and she got eother 3 or 6 points and 200 quid fine for allowing me mate to use her car ( stupid bint, should have said he nicked it )
anyway was a long time ago it happened so im guessing its gona be a higher fine now