Can an off duty police officer give me a ticket?

[George H]

First thing this morning a police officer was at my door, and gave me a section 59 warning for allegedly speeding past him whilst he was off duty yesterday.

Can he do that, I always thought it needed 2 police officers to give a ticket for something like that, since technically he had no evidence that I had been speeding.

I have admitted it and have accepted the warning; I was just curious.

[George H]

SS2. said:

Little requires to be 'proved' for a s.59 warning to be lawfully issued.

But if it was just my word against his, how can anything be proved?

[George H]

SS2. said:

For the s.59 warning to be lawful, all he required was reasonable grounds for believing that the manner of your driving was inconsiderate and was causing (or was likely to cause) alarm, distress or annoyance to members of the public.

Unfortunately, you have hardly any options open to you, even if you do feel aggrieved by the warning or regard it as inappropriate in the circumstances.

You might consider complaining to a superior of the officer concerned but don't hold your breath - with no statutory measures in place to allow official challenge to a s.59 warning, the chances of a positive outcome would be slight.

Thanks for the explanation

I can't complain, I was in the wrong - wasn't thinking and was doing 60 on a road that has just had the speed limit dropped from 60 to 40. I just always though something would need to proved in order for a warning to be issued.

[George H]

SS2. said:

Dwight VanDriver said:

Off duty indicates possibility of being in civvies.

Requirement under the Act is that it only applies to a UNIFORMED Officer....

Agree that only a constable in uniform can issue a s.59 warning, but plod in civvies could witness incident and then issue warning at a later date (when suitably attired)..

All he said to me is he was walking down the side of the road off duty, when I went past him a bit too fast for his likings.

He came round this morning in uniform to issue the warning.

Would he needed to have been working when he witnessed the event for it to stand?

[George H]

So, I could just ring up the police about someone driving who I didn't like, and they would go round and immediately issue a S59 warning to whomever it was? Since it only requires one person to be supposedly upset or angered to justify giving a warning, surely it will make no difference if it's a police officer or a member of the public?

[George H]

Mad Dave said:

Consider this; out of all the dozens of cars he saw on his way to work, it was your driving which stood out from the rest sufficiently to warrant a visit - I'd suggest that that's rare, and you probably therefore deserved the s59. I can't be sure as I wasn't there, but that's my suspicion.

A valid point.

This is the road where I was supposedly driving so badly - http://g.co/maps/f6st3

The police officer was on the pavement just after the left hand turn that you can see in the link. I turned onto that road at that point, dropped to 2nd and accelerated pretty hard to about 60mph. It was an NSL road, but it's recently changed to 40mph.

Perhaps I accelerated a bit hard, but it's a long straight road with good visibility, I see nothing wrong in what I did, and I would definitely feel comfortable doing it again.

[George H]

66comanche said:

In the DB9? Maybe a touch of jealousy and also annoyance at you blasting past him giving him an unexpected wake up? http://www.youtube.com/watch?feature=player_detail...

Sadly not! Just in the Polo. Maybe if it was the Aston then I might have got away with it, I'm sure even a policeman could forgive a little bit of extra speed for that noise

[George H]

Red Devil said:

Unfortunately we have only been told that he was was 'off duty'. That suggests the police officer was in civvies but the OP hasn't told us anything about his actual attire at the time.

Well I can't be 100% but I'm fairly certain he was in civvies.

[George H]

vonhosen said:

Red Devil said:

SS2. said:

blueg33 said:

This is interesting. S59 appears to require the Policeman to be in uniform...

When the warning / seizure is effected, yes. But not necessarily when the incident took place.

How do you square that with S59(1)? It clearly states that the constable must be in uniform when the 'reasonable grounds for believing' come into being.

Unfortunately we have only been told that he was was 'off duty'. That suggests the police officer was in civvies but the OP hasn't told us anything about his actual attire at the time.

Look to 59(2)

59(2) still specifies the officer has to be in uniform though?

[George H]

streaky said:

Most people (drivers/users) avoid s.59 notices by not driving foolishly.

Streaky

If you witnessed the supposed "foolish driving" then I would take your opinion seriously.

[George H]

Lunablack said:

Mmmmm

Speeding doesn't mean it was in any way foolish or dangerous. I break speed limits all the time, if you look at the google street view link I posted its a long straight clear road. I would bet that 75% of people do 60 down it.