CAUGHT SPEEDING? *ESSENTIAL READING*
http://www.pepipoo.com/
The name might look iffy but trust me if you ever break the speed limit and get caught the info on this site could save your license.
Cam
The name might look iffy but trust me if you ever break the speed limit and get caught the info on this site could save your license.
Cam
Now THIS is worth its weight in gold
Print this off people and keep it in your car and USE it.....i will be
If you have a passenger ask them if they will join you in the patrol car so that they can act as your witness - dont forget to ask them to take notes. The police officers can't stop them doing this, but they probably wont like it!
Ensure that your explanation for your actions has been recorded. Don't just say you are "late for a meeting"!
Keep calm, be polite and take your time to think about what you are saying.
Never Produce your driving licence at the road side. You only have to provide the officer with your name, address and occupation.
If you are "cautioned" by the Traffic Officer this link explains what you can do to "buy yourself some time". The High Court ruling in the Yorke and Mawdesley case (31st July 2003), means that you may have a right to refer to PACE, even if you are not cautioned by the officer.
If you don't have a paper and pen ask to borrow one from the officer.
Don't forget that police officers are public servants and they have a basic duty to assist the public. Don't feel intimidated by them.
Ensure that you record the name and numbers of the officers concerned and the name of the inspector that they report to.
Get the officers to explain why they picked on you. Under the provisions of the Human Rights Act they will need a coherent explanation - "because you have got a red car" isn't good enough any more!
Ask to see the evidence and get them to explain how the equipment works and show you the markers that they used on or near the carriageway. Don't forget the patrol car's equipment will have been manually operated and there is room for human error.
Explain that you will need a copy of your traffic video for independent verification - although you shouldn't expect them to like that!
Ask what speed you are to be prosecuted for - if it isn't obvious.
If it is an unmarked car ask how fast they were going and whether that is allowed without warning lights - get them to explain their procedures to you. As we have already said there is a great deal of difference between the law and police procedure and you need to understand that. For example, some Constabularies instruct their officers to perform a one mile "follow check" - under the law that isn't strictly necessary.
The law doesn't mention traffic videos either but according to Chief Inspector Peter Fouweather, who is in charge of Gwent Constabulary's Traffic Department, their traffic procedures state that if the ProVida video recording equipment is installed in the patrol car and the Traffic Officer is qualified to use the equipment then it must be recording whenever the vehicle is being driven. Please note that this was the position on the 6th August 2001.
What you can say and do if you are cautioned....
The following words immediately after the caution or verbal NIP - (please note you must say them precisely so print them out and keep them in your car):
The Caution
"You do not have to say anything but it may harm your defence if you do not mention now something you later rely on in court, Anything you do say may be given in evidence"
The verbal NIP
"You will be reported for consideration of the question of prosecuting you for this offence."
Your Response
I do not recognise the significance of those words and I would like to exercise my legal right to refer to PACE The Police and Criminal Evidence Act.
This will cause two things to happen: -
They will have to hand you a copy of PACE, which is a very thick and complex document. Then you can sit in the back of the patrol car and read it for as long as you like and they cant continue until you have finished.
They will probably treat you with great deal more respect.
NOTE
Not many patrol cars actually carry a copy of PACE so the first thing they will probably have to do is radio to the station and ask someone to bring them a copy!
If a verbal warning is given at the time, it must be shown that the defendant understood it (Gibson v Dalton [1980]). Proof that they understood the charge will lie with prosecution.
Print this off people and keep it in your car and USE it.....i will be
If you have a passenger ask them if they will join you in the patrol car so that they can act as your witness - dont forget to ask them to take notes. The police officers can't stop them doing this, but they probably wont like it!
Ensure that your explanation for your actions has been recorded. Don't just say you are "late for a meeting"!
Keep calm, be polite and take your time to think about what you are saying.
Never Produce your driving licence at the road side. You only have to provide the officer with your name, address and occupation.
If you are "cautioned" by the Traffic Officer this link explains what you can do to "buy yourself some time". The High Court ruling in the Yorke and Mawdesley case (31st July 2003), means that you may have a right to refer to PACE, even if you are not cautioned by the officer.
If you don't have a paper and pen ask to borrow one from the officer.
Don't forget that police officers are public servants and they have a basic duty to assist the public. Don't feel intimidated by them.
Ensure that you record the name and numbers of the officers concerned and the name of the inspector that they report to.
Get the officers to explain why they picked on you. Under the provisions of the Human Rights Act they will need a coherent explanation - "because you have got a red car" isn't good enough any more!
Ask to see the evidence and get them to explain how the equipment works and show you the markers that they used on or near the carriageway. Don't forget the patrol car's equipment will have been manually operated and there is room for human error.
Explain that you will need a copy of your traffic video for independent verification - although you shouldn't expect them to like that!
Ask what speed you are to be prosecuted for - if it isn't obvious.
If it is an unmarked car ask how fast they were going and whether that is allowed without warning lights - get them to explain their procedures to you. As we have already said there is a great deal of difference between the law and police procedure and you need to understand that. For example, some Constabularies instruct their officers to perform a one mile "follow check" - under the law that isn't strictly necessary.
The law doesn't mention traffic videos either but according to Chief Inspector Peter Fouweather, who is in charge of Gwent Constabulary's Traffic Department, their traffic procedures state that if the ProVida video recording equipment is installed in the patrol car and the Traffic Officer is qualified to use the equipment then it must be recording whenever the vehicle is being driven. Please note that this was the position on the 6th August 2001.
What you can say and do if you are cautioned....
The following words immediately after the caution or verbal NIP - (please note you must say them precisely so print them out and keep them in your car):
The Caution
"You do not have to say anything but it may harm your defence if you do not mention now something you later rely on in court, Anything you do say may be given in evidence"
The verbal NIP
"You will be reported for consideration of the question of prosecuting you for this offence."
Your Response
I do not recognise the significance of those words and I would like to exercise my legal right to refer to PACE The Police and Criminal Evidence Act.
This will cause two things to happen: -
They will have to hand you a copy of PACE, which is a very thick and complex document. Then you can sit in the back of the patrol car and read it for as long as you like and they cant continue until you have finished.
They will probably treat you with great deal more respect.
NOTE
Not many patrol cars actually carry a copy of PACE so the first thing they will probably have to do is radio to the station and ask someone to bring them a copy!
If a verbal warning is given at the time, it must be shown that the defendant understood it (Gibson v Dalton [1980]). Proof that they understood the charge will lie with prosecution.
I was not aware that you could ask for a witness etc. Like I said its the best site on the net imo.
I have printed some busines cards with the all important reply to the NIP.
ITS WORTH FOLLOWING EVERY HIGHLIGHTED LINK ON THE SITE
Cam
I have printed some busines cards with the all important reply to the NIP.
ITS WORTH FOLLOWING EVERY HIGHLIGHTED LINK ON THE SITE
Cam
Trending Topics
2 questions
!: Ensure that your explanation for your actions has been recorded. Don't just say you are "late for a meeting"!
what is a good explanation
?
2: Get the officers to explain why they picked on you. Under the provisions of the Human Rights Act they will need a coherent explanation - "because you have got a red car" isn't good enough any more!
will that not really piss em off ?
!: Ensure that your explanation for your actions has been recorded. Don't just say you are "late for a meeting"!
what is a good explanation
2: Get the officers to explain why they picked on you. Under the provisions of the Human Rights Act they will need a coherent explanation - "because you have got a red car" isn't good enough any more!
will that not really piss em off ?
Originally Posted by TIFF-C20WTH
NOTE
Not many patrol cars actually carry a copy of PACE so the first thing they will probably have to do is radio to the station and ask someone to bring them a copy!
Not many patrol cars actually carry a copy of PACE so the first thing they will probably have to do is radio to the station and ask someone to bring them a copy!
All I can see all of this doing is just winding them up, not actually letting you get away with speeding. Like said above what is a good reason - there can't be many
Originally Posted by St3V3_C
Originally Posted by TIFF-C20WTH
NOTE
Not many patrol cars actually carry a copy of PACE so the first thing they will probably have to do is radio to the station and ask someone to bring them a copy!
Not many patrol cars actually carry a copy of PACE so the first thing they will probably have to do is radio to the station and ask someone to bring them a copy!
Cam
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