Urgent please help!

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ya55erm

Original Poster:

133 posts

226 months

Wednesday 31st August 2005
quotequote all
I got stopped by the police back in may.

It was a white vauxhall vectra sri undercover car. They stopped me cause i didnt have my seat belt on in rush hour traffic at 7:55 am on canal road head twards bradford. when he stopped me he said that my drivers side rear was a bit low to which i made no reply but admitted to not wearing a seat belt. the officer said that i would have to go to court because i had commited 2 moving offencis. At no point did the officer use a instrument to measure the pressure on my tyre but he states that the veh was running at 9 psi and if he did use an instrament he didnt make me aware of it or show me the reading nor did he take me to the veh to show me.

What i need help with is can he acctually prosicute me for this? "i was on my way to the petrol station (which was 300 yrds away) to fill it up"

Please help me! i dont need another 2-3 points on my licence!

P.S the tread was ok just the pressure was out!i changed all four tyres the following day as the fronts were wearing a bit low

Dwight VanDriver

6,583 posts

246 months

Wednesday 31st August 2005
quotequote all
Not wearing seat belt - Max 500 notes that Mags can impose. Note maximum and not that they are likely to. No points

Tyre not so inflated so as to be fit for use to which vehicle is being put. Max fine 2,500 and 3 points. Presume this is the leg of the Con and Use re tyres he is going for. Await service of summons to confirm.

He must have taken some measurement to get the 9psi but you don't know how?

Consider having session with Solicitor well versed in traffic law. Number of questions to be asked regarding whether he was an authorised examiner, conduct of examination, option to defer etc. etc. From that may give you some idea which way you go - G or NG on the tyre.

dvd





streaky

19,311 posts

251 months

Thursday 1st September 2005
quotequote all
Were you given any paperwork at the time? Were you asked for licence, insurance, MOT (did the vehicle need one?)?

How many officers were in the unmarked police vehicle?

BTW - it seems strange to me that you were not shown the reading on the gauge or the tyre, it might not be required but it is common practice to draw the driver's attention to "defects".

BTW(2) - 9psi is low. Most vehicles with a single tyre so under-inflated would demonstrate it by poor handling even at lowish speeds. You say it was the driver's side rear - I'm surprised you didn't notice it yourself when entering the vehicle ... it was surely obvious.

BTW(3) - if the tread was sufficiently low that you changed the tyres all four tyres the following day, I'm surprised that the officer did not at least comment on that too.

DVD - are there any requirements to (re-)certify the pressure-gauge?

Streaky

Dwight VanDriver

6,583 posts

246 months

Thursday 1st September 2005
quotequote all
Yes Streaky.

Cannot remember the name of the device but it came with a Certificate of accuracy and we used to have it tested periodically by Trading Stadards/firm.

dbd

supermono

7,368 posts

250 months

Thursday 1st September 2005
quotequote all
Seems to me that stopping dangermeisters with unroadworthy cars is what we are all missing in this age of the speed camera.

I want more police on the roads specifically to pull people like you over so that you don't go veering into me when I'm riding my bike, just because you can't be bothered to get the pressure gauge out once in a while.

You ought to pay up your fine, take the points and be grateful that John Law might just have saved your arse, rather than whining about it.

Don't confuse this sort of useful policing with the persecution of people travelling safely but above the speed limit.

SM

ya55erm

Original Poster:

133 posts

226 months

Thursday 1st September 2005
quotequote all
so the fact that-
a, i dont have a reading device handy as most people dont to measure the low preassure on my rear tyre at 7:55 am

b,the fact that i had my car check by a fully qualified MOT tester the that day at 17:30 to make sure my car was in a legal condition

c, i changed not 1 but all 4 of my tyres

d, that the officer didnt use, show or take any readings on an instrument designed to take these measurements on the tyre in question

So SM This makes me an inconsidarate driver who is putting other peoples lives by driving at 10-30 mph in rush hour traffic with a tyre with low preassure, yet there are people who drive at above 90 mph in veh with no ABS on the motorway tailgating the car infront?

The car didnt vear in any way due mto the tyre and i did notice that the tyre was down but as priv mentioned the officer could not have been accurate with his reading as he just used his naked eye.

How many times have you looked at your tyre and thought it was low when it was acctually right?


>> Edited by ya55erm on Thursday 1st September 09:52

>> Edited by ya55erm on Thursday 1st September 09:54

Mr E

21,772 posts

261 months

Thursday 1st September 2005
quotequote all
ya55erm said:

How many times have you looked at your tyre and thought it was low when it was acctually right?


With my sidewalls, pretty much every morning.

supermono

7,368 posts

250 months

Thursday 1st September 2005
quotequote all
Why was your tyre flat? Did you just happen to get a puncture that very morning? If so, I'm sorry about your luck but glad you were stopped before you killed yourself and maybe someone else too -- and you should be pleased too. I'm still surprised though that you didn't notice the cornering was vague.

If you had a slow puncture -- I'm sure we've all had a tyre that loses pressure over time -- you'd have known about it and kept a careful eye on its pressure or fixed it if it was going flat quick enough to reach ~10psi since last checking.

How many times the month before the event did you check your pressures? And be honest... How many PSI do you set them to? Does that vary based on if you're on your own contemplating a motorway trip or if the car is going to be loaded to the gills? Do you think you take your tyre pressures seriously?

I check mine at least every couple of weeks with a gauge and have in the past discovered a slow puncture just by noticing with my eye. A tyre with 15psi is visibly flattening compared with one with 40psi, especially when you have the two examples next to each other on a car.

I'll defend to the hilt anyone caught doing any speed at all safely in clear conditions, but obviously it's a prerequesite that the car is roadworthy.

SM

g_attrill

7,730 posts

248 months

Thursday 1st September 2005
quotequote all
Another idea is to go around the car after a long drive and feelg the temperatue of the sidewall (backs of the fingers work well). Even a small pressure difference will make one feel hotter than the others.

There is also a valve cap with a springy centre that will pop out when the pressure drops too low, but unless you never leave your car in public I doubt they would last long.

Gareth

ya55erm

Original Poster:

133 posts

226 months

Thursday 1st September 2005
quotequote all
ok back to the point can he acctually prosicute me for haveing low tyre pressure with out using a instrument designed to do so?? and showing me?

ya55erm

Original Poster:

133 posts

226 months

Friday 2nd September 2005
quotequote all
i drive a normal 3dr 1.8 zetec ford focus on a v reg with standerd tyres and rims and normal windows,

he also saw me give way to traffic joining at the junction before arnold laver.

i was also suited up on my way to work so i could not have looked suspicious.

i can prove that i went to the garage to get my tires checked and that i have a recipt from where i bought my tyres from with the following days date on, Would that help my case in court?

ya55erm

Original Poster:

133 posts

226 months

Friday 2nd September 2005
quotequote all
I see where your wife is comming from with modern cars and on the road coditions in bradford its very hard to know that you have low prassure on a tyre, even more if its on a rear.

The reason i changed all my tyres was one cause the tyres which were priv on the veh were all dif brands and treads and two i enjoy driving around the roads surrounding bradford and its important to have good rubber to enjoy the drive and the ones before were not.

Im only 23 with 2yrs ncd, no accidents, no claims, and only one sp30 from when i first passed my test and cannot afford to get more points.

perhaps i would be ok with it if he had acctually shown me the pressure reading ( if he had taken one) to me

Big Fat F'er

893 posts

227 months

Friday 2nd September 2005
quotequote all
ya55erm - you have to see a solicitor!

Let's face it, you chose not to wear a seatbelt, so you accept that and take the whack (if you can't do the time...etc, etc.). However, you seem to be suggesting that the Old Bill didn't measure the tyre pressure, but they are now lying and say they did. Not only that, they are saying it was 9lbs, which let's fact it is unbelievably flat, and if true would have been noticed by you.

IF (repeat IF) you are saying they didn't measure it, then go do 'em, 'cos they are lying corrupt tw@ts If you are saying they did measure it, but didn't show you, then unfortunately you're stuffed, and you're gonna get done. Go see a Solicitor!

Big Fat F'er

893 posts

227 months

Sunday 4th September 2005
quotequote all
anonymous said:
[redacted]


No, what I'm saying is that ya55erm suggested the Old Bill were lying i.e. they spoke about it, didn't measure it, then gave some guestimate as fact later when reporting it. IF this is true then he should try and do 'em, 'cos unless they were Madame Zelda the Mindreader, they are corrupt. However, I suggested this partly 'cos I think (reading between his lines) that they DID measure it, in which case he's had it.

If they didn't measure it....do 'em.
If they did measure it.....you're up sh*t creek.

YA55ERM

Original Poster:

133 posts

226 months

Tuesday 6th September 2005
quotequote all
Thanks for the advise guys!

Ive checked the summons and on the witness statement the office has writen that "the tyre was visabley low"

my firnd who is a solicitor says that even though he did not use an istrument to gauge the psi the other office in the veh acts as a witness to the intendid prosicution.

i have pleaded guilty to the offence but have highlighted the fact that i got my veh checked and tyres changed the next day also that the office never used the equipment. hopefully this will reduce my sentance.

i'll let you know the outcome!

Dwight VanDriver

6,583 posts

246 months

Tuesday 6th September 2005
quotequote all
3 points.

Would like to hear what the offence is as listed on the summons. For that I quoted ealier then I would expect some more evidence other than "visibly low" - unless the rim was cutting into the tyre and onto the tarmac i.e. what pressure was in the tyre and what is the recommended pressure. Not present then surely fighting time.

dvd

Big Fat F'er

893 posts

227 months

Sunday 11th September 2005
quotequote all
YA55ERM said:
Ive checked the summons and on the witness statement the office has writen that "the tyre was visabley low"

my firnd who is a solicitor says that even though he did not use an istrument to gauge the psi the other office in the veh acts as a witness to the intendid prosicution.


What the **** is that all about? So the rozzer says it's "visibly low" and you get done. No supporting physical evidence needed. Madame Zelda speaks and you're guilty.

What's next, you were travelling "visibly over the speed limit". If it was low, why can't it be checked. I still think you are going to get done, but the trouble with this is that it allows the corrupt ones to get away with it, and tarnish all the others.

groucho

12,134 posts

248 months

Sunday 11th September 2005
quotequote all
Crikey, I didn't know you could get points for under inflated tyres.

GreenV8S

30,257 posts

286 months

Sunday 11th September 2005
quotequote all
ya55erm said:
i can prove that i went to the garage to get my tires checked

Presumably you checked the pressure for yourself at that time, what was the actual pressure? If it tallies with the pressure reported by the BiB then this supports the suggestion that they did measure it at the time. In any case I assume they were right that the tyre was visibly underinflated in which case it seems academic whether they measured it or not. At the end of the day you are guilty of the offense you are being charged with.

Seems to me that they have come down on you rather heavily for something that could have been handled with a warning, but it's hard to judge from one side of the story how the encounter really went. Maybe they simply didn't buy your story that you were on your way to pump up the tyre (not a particularly convincing line tbh) and given the dodgy state of the tyres generally didn't feel prepared to trust you to put it right.

Big Fat F'er

893 posts

227 months

Sunday 11th September 2005
quotequote all
groucho said:
Crikey, I didn't know you could get points for under inflated tyres.


No, and I didn't know you could get 3 points if they were "visibly low". Gits.