Hmmm (law content)
Discussion
Some of you may remember I had a NIP for due care and consideration back in December.
Today a summons arrived. It appears that the driver who reported me was an off-duty police officer and they are keen to pursue it. I've read through his witness statement and, to put it bluntly, it simply isn't true. Key facts such as the time, location and vehicles are correct but the actions aren't accurate at all.
I would feel confident in a 'my word against his' case with a civillian but I really don't feel at all comfortable with the fact it's a police officer and I'm worried about the sway that will be given to the officer.
Has anyone else encountered a situation like this?
Today a summons arrived. It appears that the driver who reported me was an off-duty police officer and they are keen to pursue it. I've read through his witness statement and, to put it bluntly, it simply isn't true. Key facts such as the time, location and vehicles are correct but the actions aren't accurate at all.
I would feel confident in a 'my word against his' case with a civillian but I really don't feel at all comfortable with the fact it's a police officer and I'm worried about the sway that will be given to the officer.
Has anyone else encountered a situation like this?
No personal experience, but I'd state that you will attend court if necessary, you have a solicitor to represent your case and you wish to contest the case and cross examine the evidence and the witness. I'd have thought CPS wont take it any further, but be prepared, or take the wrap, £60 fine and 3 points???
Rawwr said:
Some of you may remember I had a NIP for due care and consideration back in December.
Today a summons arrived. It appears that the driver who reported me was an off-duty police officer and they are keen to pursue it. I've read through his witness statement and, to put it bluntly, it simply isn't true. Key facts such as the time, location and vehicles are correct but the actions aren't accurate at all.
I would feel confident in a 'my word against his' case with a civillian but I really don't feel at all comfortable with the fact it's a police officer and I'm worried about the sway that will be given to the officer.
Has anyone else encountered a situation like this?
Today a summons arrived. It appears that the driver who reported me was an off-duty police officer and they are keen to pursue it. I've read through his witness statement and, to put it bluntly, it simply isn't true. Key facts such as the time, location and vehicles are correct but the actions aren't accurate at all.
I would feel confident in a 'my word against his' case with a civillian but I really don't feel at all comfortable with the fact it's a police officer and I'm worried about the sway that will be given to the officer.
Has anyone else encountered a situation like this?
I dont want to recount my story again, as it is long and the regulars have seen it at least a couple of times before, but about 3 years ago I was accused in a similar situation, in a 'my word against his' situation by not one but 3 police officers. I defended myself and won.
The key to my case was that they tried so hard to exaggerate and create evidence that it made their stories incredible.
If the same has happened in your case, and you only have one officers word, your case should be easy compared to mine! If that doesnt give you hope, I dont know what will!!!
I dont mind having a look over the statement for particular holes and matching this up to your version, if you want to mail it to me. I am not a professional lawyer, but I have helped a couple of guys off here offline, and both have won - so it *can* be done!
justinp1 said:
I dont want to recount my story again
Oh g'wan. G'wan g'wan g'wan g'wan. [/father ted]
Whilst the other chap might be a Policeman, all you have to do is introduce reasonable doubt to win. A single witness isn't much in the way of evidence for the prosecution, and if he were a civvy, they almost certainly wouldn't have pursued it further.
Credibility is important, however. It really helps if you can understand why he is saying what he is saying (bit hard to be specific without seeing his statement, at least in gist), and understand his point of view. It would seem strange to the mags that anyone - Policeman or not - should go so far as to make a statement and go to court (on his own time?) - in a deliberately vexatious manner.
The question that you need to lead the Court through is - what did he think see that made him think it was careless/inconsiderate? And what is the reasonable doubt?
For example, if he saw you going sideways on a roundabout, was there a diesel spillage? Hard to be more specific without details of what he said.
This approach will be more successful with the mags than the panto defence (oh no I didn't!)
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