Pulled over by Police but what could he actually do?

Pulled over by Police but what could he actually do?

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woodyTVR

Original Poster:

622 posts

246 months

Monday 21st July 2014
quotequote all
I got pulled the other day. No issue with it as I was pushing my luck but wonder what, if anything could the officer actually do?

Dual carriageway national speed limit. I was travelling in the outside lane as there were slower vehicles in the inside lane. I was following another car (safe distance) and he pulled in and braked when he saw the Police vehicle in the inside lane. I didn't but I did slow.

The Police vehicle was an L200 Pickup (fully marked) labelled up as a rural animal unit or something to that effect.

I went past at just a little over his speed and then accelerated again once past as he'd been boxed in by a car following me. I saw him come out and speed up so I dropped into the inside lane and sat at the speed limit. He eventually caught up and pulled me over.

He asked if I knew why he'd pulled me and I said no. He asked questions about the car and checked via his radio my details.

He said he'd pulled me because he was doing 70 and I must have been doing three figures when I caught him (he'd seen me in his mirror). He said I was disrespectful for passing him when he was doing 70 in a fully marked police vehicle and said he'd had to do 85 to catch me which was flat-out in his L200. He said had he been in the Discovery he usually Police in he'd have caught me a lot quicker - I wasn't sure of the relevance but drew my own conclusions!

After confirming who I was he asked me what he should do about it. I said I was sorry if he thought I was disrespectful but I didn't know what he should do. In my mind I was thinking there's f'all you can do. At no point did he follow me to measure my speed as I'd dropped below the limit when he was behind me. His vehicle had no camera or other speed device and I assume the speedo wasn't calibrated as it wasn't a traffic car.

He let me go with a lecture but out of curiosity could he have done any more?

I've no issue with him pulling me, it perhaps was taking the Pee just interested really.

woodyTVR

Original Poster:

622 posts

246 months

Tuesday 22nd July 2014
quotequote all
Wow, didn't expect this many replies!

So it seems on the face of it no one is 100% sure, however if he really wanted a battle he could have issued a ticket - what speed would he issue it at? Depending what speed he put I might have contended it.

The case law quoted doesn't stack up. It is suggesting someone driving at 40 in a 30, that's some margin over and seems to be the point of the case law - 'It would be a very considerable error if the speedometer was as much out as that' Not 75 in a 70, or even 80!

I don't see how he could issue an S59 either.

I thought also with a calibrated speedo you had to be followed for at least 2/10ths of a mile or is it 3? That never happened.

He was nice enough and I have no issue with him pulling me over. I certainly won't sneak past another L200 in a hurry - I'll be more subtle!!

I did once get stopped by an unmarked BMW on the M6. I was doing between 95 and 98 and he recorded it for a good mile; we watched it back and I thought I was screwed. He said he'd call it 95 as I was being polite and had my licence - He then said, oh forget it, just slow down and let me go with a warning.

I'd rather get pulled than nabbed by a Van with a gun. I got done at 89 on 60 dual carriageway a good few years ago - 6 points and £480 - Harsh!!!!


woodyTVR

Original Poster:

622 posts

246 months

Tuesday 22nd July 2014
quotequote all
vonhosen said:
woodyTVR said:
Wow, didn't expect this many replies!

So it seems on the face of it no one is 100% sure, however if he really wanted a battle he could have issued a ticket - what speed would he issue it at? Depending what speed he put I might have contended it.
Not sure about what?

He doesn't need to be able to show your exact speed, he only has to be able to convince the magistrates that the speed you were travelling at (whatever it was) was in excess of the limit.


woodyTVR said:
The case law quoted doesn't stack up. It is suggesting someone driving at 40 in a 30, that's some margin over and seems to be the point of the case law - 'It would be a very considerable error if the speedometer was as much out as that' Not 75 in a 70, or even 80!
Your speedo is not permitted to under read, so there's no leeway for speedo error on your part.
The case law quoted merely points out that he doesn't need a calibrated speedo to secure a conviction. His testimony & a speedo reading from a non calibrated speedo 'can' be sufficient. It will depend on how convincing he is in satisfying the court that you were comfortably over the posted limit. If he is doing an indicated 70 & you are closing rapidly on him, then it's not a small margin.
Of course if he had decided to report you he could get his non calibrated speedo checked to establish how much it is out at 70mph to belt & brace it.

woody TVR said:
I thought also with a calibrated speedo you had to be followed for at least 2/10ths of a mile or is it 3? That never happened.
Not a legal requirement.
No one is actually sure whether he could do anything. It's all assumptions based mostly on urban myth. It wouldn't be a black and white FPN because other than his say so he has no evidence of my speed. His 'professional judgment' is the only thing he has to go on and my approach speed was hidden by the Audi. He may have clearly seen the Audi gain at close to three figures but can he hand on heart stand in court and say he clearly saw me - I doubt it'd get that far.

I'd be interested to know if there's any case in the last decade where someone has be convicted of excess speed purely on the evidence of a copper judgment - I doubt it.


woodyTVR

Original Poster:

622 posts

246 months

Tuesday 22nd July 2014
quotequote all
hman said:
woodyTVR said:
Wow, didn't expect this many replies!



I did once get stopped by an unmarked BMW on the M6. I was doing between 95 and 98 and he recorded it for a good mile; we watched it back and I thought I was screwed. He said he'd call it 95 as I was being polite and had my licence - He then said, oh forget it, just slow down and let me go with a warning.

I got done at 89 on 60 dual carriageway a good few years ago - 6 points and £480 - Harsh!!!!
So without sounding too sanctimonious you have been pulled over for speeding 3 times - prosecuted once - and left off by the skin of your teeth twice.

Is the 4th time not far away I wonder, and will you be as lucky with being let off?

Being pulled over by an L200 ROFL
No I don't think so. I've actually been prosecuted 3 times in the last 21 years of driving. Fixed penalty 3 points in 97 - copper hidden in hedge with gun. Fixed penalty in 98 (Pulled by marked car 99.8 in 70 dual carriageway) 3 points. Steady Eddie for a while with the 6 on board. Then 6 points in about 2008, camera van and grumpy magistrate, 89 - 60 dual carriageway 6 points £480.

I do around 60k-70k miles a year so not bad really.

I have no problem being caught and stopped fair and square. The camera van incident annoyed me as I thought the fine was excessive.

I have actually been pulled by a marked car for overtaking it before. I was within the speed limit (60) and he chose to sit behind a car doing 40. I passed them both and the Policeman followed - which was a dodgy move in itself as there was now something coming. He pulled me and his opening line was, 'you've done nothing wrong but I'd like to talk to you about road safety'. He then spent 10 minutes telling me about all the accidents he'd been to - I felt like a councillor at the end of it all, thought he was having a breakdown lol.

As per my original post I have no issue at all with the Police. My father and FiL were both in the Police in the 70's / 80's. FiL was traffic, father was only a PC for about 12 months - he hated the double standards, speed to lunch and then stop people on the same road, fill your pockets when attending a shop break in etc.

The guy that pulled me was fair to stop me. He was polite as was I. He even passed me after we'd finished and gave me a wave. I was merely curious if he could have actually done anything - I think he'd have been sticking his neck out if he did.