Work argument, police passenger in a speeding car
Discussion
Someone settle a work argument, I can't find the thread where madcop is talking about if one officer's opinion is enough for a speeding conviction...
Anyway, onto the question:
Basically then, if a police officer was taken out on a test drive, and the salesman was to do well over the limit (he doesn't know the passenger is a policeman), would the salesman be in lots of trouble, given that the policeman would be able to see the speedo in the car?
OK, entirely hypothetical of course...
thanks, CH
Anyway, onto the question:
Basically then, if a police officer was taken out on a test drive, and the salesman was to do well over the limit (he doesn't know the passenger is a policeman), would the salesman be in lots of trouble, given that the policeman would be able to see the speedo in the car?
OK, entirely hypothetical of course...
thanks, CH
I think the speedo needs to be calibrated. In a car with a calibrated speedo the copper corroborates what the speedo says (and vice versa) so you can be stopped by one copper.
I am sure in the scenario that you suggest the salesman would probably be advised of the situation rather than have the book thrown at him due to the fact that the speedo isnt calibrated...
Matt.
I am sure in the scenario that you suggest the salesman would probably be advised of the situation rather than have the book thrown at him due to the fact that the speedo isnt calibrated...
Matt.
The hypothetical speed in question was 130,
...although I've decided not to push the 'see, I was right', cos the argumentitive person in question is in a foul mood this morning!
... anyway, see I was right, hmmm, I guess they could impound the car too as evidence and calibrate it's speedo? a whole new argument...
Thanks for the input all, CH
...although I've decided not to push the 'see, I was right', cos the argumentitive person in question is in a foul mood this morning!
... anyway, see I was right, hmmm, I guess they could impound the car too as evidence and calibrate it's speedo? a whole new argument...
Thanks for the input all, CH
Slightly O/T. A few years ago I test drove an XJR Jag. The test drive route included a nice stretch of the A5. When we got to this piece of road the salesman said he’d just taken a policeman and his wife for a test drive and the copper had managed to get it up to 130mph! So obviously some policemen are not too worried about speeding on test drives.
(Not to be outdone, I managed 140).
PS They must pay the police very well in Milton Keynes - probably his wife was buying the car.
(Not to be outdone, I managed 140).
PS They must pay the police very well in Milton Keynes - probably his wife was buying the car.
The situation is thus.
An offence of speeding requires corroboration.
This can be in the circumstances where one officer and an approved mechanical device, i.e. VASCAR MUNIQUIP, LIDAR, TRUVELLO or A Certified Calibrated speedometer gather the eveidence.
So one officer operating any of these devices can give evidence of speeding offences.
Two officers witnessing a single incident together and estimating the speed of a vehicle is acceptable as they corroborate each other. Police officers are expert witnesses in offences of speed and drunkeness which means they can give evidence of opinion in these cases which is accepted by the courts.
In the case where an off duty Police oficer is being given a demonstration in a car by a salesperson and that salesperson exceeeds the limit, unless the particular car is fitted with a calibrated speedo, there can be no corroborated evidence and therefore no prosecution for excess speed.
That would not preclude the officer reporting the salesperson for other offences such as careless driving or driving without reasonable consideration as in England and Wales, these offences do not require more than one witness to be able to achieve a prosecution case.
All offences (as far as I am aware) in Scotland require two officers to corroborate the witnesssing of the offence if evidence is to be admissable in courts.
An offence of speeding requires corroboration.
This can be in the circumstances where one officer and an approved mechanical device, i.e. VASCAR MUNIQUIP, LIDAR, TRUVELLO or A Certified Calibrated speedometer gather the eveidence.
So one officer operating any of these devices can give evidence of speeding offences.
Two officers witnessing a single incident together and estimating the speed of a vehicle is acceptable as they corroborate each other. Police officers are expert witnesses in offences of speed and drunkeness which means they can give evidence of opinion in these cases which is accepted by the courts.
In the case where an off duty Police oficer is being given a demonstration in a car by a salesperson and that salesperson exceeeds the limit, unless the particular car is fitted with a calibrated speedo, there can be no corroborated evidence and therefore no prosecution for excess speed.
That would not preclude the officer reporting the salesperson for other offences such as careless driving or driving without reasonable consideration as in England and Wales, these offences do not require more than one witness to be able to achieve a prosecution case.
All offences (as far as I am aware) in Scotland require two officers to corroborate the witnesssing of the offence if evidence is to be admissable in courts.
Dr Bob said: Cheers Madcop,
... so could the car be impounded as evidence and the speedo calibrated after the fact?
Just curious... CH
No. The car would have to fitted with a calibrated speedo at the time of the offence to give the officer the corroboration. No calibrated speedo = no evidence.
The car would not be impounded as evidence as there would be no possibility of an excess speed charge against the driver at the time. Evidence of any other offence such as Dangerous or Careless Driving would not require the car to be seized either unless the Dangerous Driving was because of the circumstances where the car was in such a dangerous condition that constituted the commission of the offence beacause of its condition. Usually in these circumstances, photgraphs are taken of the dangerous bits as Police do not have a lot of space to store seized vehicles.
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