Stopped 3+ weeks ago - not heard

Stopped 3+ weeks ago - not heard

Author
Discussion

944Tman

Original Poster:

74 posts

245 months

Monday 27th September 2004
quotequote all
I was pulled up 3 weeks yesterday by a marked car for 'slightly' exceeding the limit, though the officious nerk who stopped me threatened dire consequesnces in addition to a simple appeareance before the Beak.
Given that I understand they need to inform me within 2 weeks, whats the likely position - or have I been very very lucky?

kevinday

11,713 posts

282 months

Monday 27th September 2004
quotequote all
The information must be laid before a magistrate for the purpose of issuing a summons, this has a time limit of 6 months, the summons can be served on you any time after issue. From your short description you received a verbal NIP so the 2 weeks does not apply.

IOLAIRE

1,293 posts

240 months

Monday 27th September 2004
quotequote all
944Tman said:
I was pulled up 3 weeks yesterday by a marked car for 'slightly' exceeding the limit, though the officious nerk who stopped me threatened dire consequesnces in addition to a simple appeareance before the Beak.
Given that I understand they need to inform me within 2 weeks, whats the likely position - or have I been very very lucky?


If you were only slightly over the speed limit it seems strange that they didn't offer you a fixed penalty. They are obliged however to caution and charge you with the offence; did they do this?
If they used VASCAR you can challenge just about everything in the procedure, especially the accuracy.
Demand a copy of the video evidence and see if you can pick holes in it.

130tdi

1,153 posts

249 months

Monday 27th September 2004
quotequote all
Quisler said:
The summons will usually arrive after about 5 and half months....


Mine took from late Feb to early August 2000.

Streetcop

5,907 posts

240 months

Monday 27th September 2004
quotequote all
944Tman said:
I was pulled up 3 weeks yesterday by a marked car for 'slightly' exceeding the limit, though the officious nerk who stopped me threatened dire consequesnces in addition to a simple appeareance before the Beak.
Given that I understand they need to inform me within 2 weeks, whats the likely position - or have I been very very lucky?


If they verbally NIP'd you at the time..there is no need to send you a written one..

Fingers crossed for the next 5 months...

Street

944Tman

Original Poster:

74 posts

245 months

Tuesday 28th September 2004
quotequote all
I was alledgedly doing 55-58 in a 30, for about 500 yards apparently. Done by 1 officer, who had no video evidence and seems to have done me on the basis of his speedo - just a town car, not a highway traffic car.
Said they would possibly do me for due care and attention plus dangerous driving - pretty scary - did not offer a fixed penalty. I asked for evidence that his equipemnt had been calibrated, which 'would be done after this allegded offence' - surely this is wrong? As far as I can see he has no other evidence, and was alone in the car. Plus, he would have had to really go fast to cath me in his Mondeo as my Porker is a bit quick - no wonder he was doing well over 50 - I doubt I was.

Delighted to have to wait for near 6 months - I do test drives for magazines.......at least i can stack a few up !

PS I was cautioned.

>> Edited by 944Tman on Tuesday 28th September 22:13

IOLAIRE

1,293 posts

240 months

Tuesday 28th September 2004
quotequote all
944Tman said:
I was alledgedly doing 55-58 in a 30, for about 500 yards apparently. Done by 1 officer, who had no video evidence and seems to have done me on the basis of his speedo - just a town car, not a highway traffic car.
Said they would possibly do me for due care and attention plus dangerous driving - pretty scary - did not offer a fixed penalty. I asked for evidence that his equipemnt had been calibrated, which 'would be done after this allegded offence' - surely this is wrong? As far as I can see he has no other evidence, and was alone in the car. Plus, he would have had to really go fast to cath me in his Mondeo as my Porker is a bit quick - no wonder he was doing well over 50 - I doubt I was.


Delighted to have to wait for near 6 months - I do test drives for magazines.......at least i can stack a few up !

PS I was cautioned.

>> Edited by 944Tman on Tuesday 28th September 22:13


58 in a 30 is not "a little bit over the limit"
Having said that, if he was on his own in a standard patrol car all he has is a so-called calibrated speedometer, and I'll guarantee you it hasn't been properly tested. See my post INSURRECTION - PART3 for info.
I'd love to see him prove a case for driving without due care and dangerous driving. He must be joking!!

Streetcop

5,907 posts

240 months

Tuesday 28th September 2004
quotequote all
It can be calibrated following an incident also...

Street

IOLAIRE

1,293 posts

240 months

Wednesday 29th September 2004
quotequote all
Streetcop said:
It can be calibrated following an incident also...

Street


Oh no it can't, Street. You can only calibrate VASCAR;
the speedo has to be removed from the vehicle and set up on an electronic test rig to calibrate it.
And even if it could, what's the point in calibrating it AFTER the event?

Streetcop

5,907 posts

240 months

Wednesday 29th September 2004
quotequote all
Thought we were talking about speedo calibration?

Street

IOLAIRE

1,293 posts

240 months

Wednesday 29th September 2004
quotequote all
We are.

Streetcop

5,907 posts

240 months

Wednesday 29th September 2004
quotequote all
VASCAR apart...if a BiB (non traffic) uses the vehicle's speedo to confirm his suspiciouns that another vehicle is speeding, the speedo need not be calibrated at that time. Just so long as a calibration is done on that speedo, in a "reasonable time" following the incident.

Street

IOLAIRE

1,293 posts

240 months

Wednesday 29th September 2004
quotequote all
Streetcop said:
VASCAR apart...if a BiB (non traffic) uses the vehicle's speedo to confirm his suspiciouns that another vehicle is speeding, the speedo need not be calibrated at that time. Just so long as a calibration is done on that speedo, in a "reasonable time" following the incident.

Street


We are talking at cross purposes here Street.
I think that what you mean is that the calibration of the speedo can be CHECKED after the incident; that is a different thing from actually calibrating it.
The problem with this is how acceptable that is in law, and I don't mean what the police say is acceptable, they are often two entirely different things.
Speedometers are notoriously unreliable and modern electronic ones, simply by virtue of the fact that they ARE electronic have the potential to develop intermittent faults causing wild inaccuracies.
Lastly, and this is something I will not be dissuaded from, there is no way that an officer on his own pursuing a target car can firstly position himself behind another vehicle, secondly hold his vehicle at EXACTLY the same distance and speed as the target vehicle and lastly take a reading from the speedo with accuracy that is acceptable.
There are far too many variables to make it acceptable in law; i.e. too much reasonable doubt.

Streetcop

5,907 posts

240 months

Wednesday 29th September 2004
quotequote all
Although I understand your fears, it is 'law' though...a following check is permissable in speed enforcement prosecutions...