Advice please on what happens next
Advice please on what happens next
Author
Discussion

charcoal

Original Poster:

9 posts

269 months

Saturday 27th March 2004
quotequote all
I was returning home on a dual carriageway, dry, clear and quiet and was overtaken by an Aston. Admittedly I was travelling in excess of the 70mph limit. He obviously was going a little faster.
A policecar overtook me and pulled in between me and the Aston. He put on his blues and at the next exit the Aston pulled off followed by the police. I continued home feeling sorry for the Aston and relieved for me.
2 days later I recieved a letter requesting my details (section 172). My relief has gone.
I was told that the police needed to pull you over at the time to enforce a speeding offence. I now assume that this is incorrect. What should I expect next and what criteria to the police have to meet to enforce a speeding offence?
Cheers for any information on this, guys.

jeffreyarcher

675 posts

266 months

Saturday 27th March 2004
quotequote all
Depending on the speed and area, you will either get a FPN or a summons.
In general, one policeman's expert opinion plus corroboration is sufficient, however, due to some odd case law (judges again!) corroboration is not required on a 70MPH motorway.
The corroboration may take the form of another policeman's opinion or a 'device'. A device may be as simple as a calibrated speedo.

mojocvh

16,837 posts

280 months

Saturday 27th March 2004
quotequote all
Get a brief mate, one that knows his stuff.
Getting a letter in that timescale doesn't sound good at all.
Someones pushing hard. Of course I could be completly wrong (hopefully).

Good Luck.


MoJo.

john robson

370 posts

295 months

Saturday 27th March 2004
quotequote all
There is nothing to say you have to be stopped at the time, given the example it would not be unreasonable to deal in the way you have explained, you will not get an FPN though as they have to beissued at the time of the offence, they can not be used retrospectively

charcoal

Original Poster:

9 posts

269 months

Sunday 28th March 2004
quotequote all
Thanks. Nice to know what to expect.

hertsbiker

6,443 posts

289 months

Sunday 28th March 2004
quotequote all
and what PROOF do they have? even if it is you named on the NIP, so what? no proof, no evidence = free.

smashmonkey1984

76 posts

259 months

Sunday 28th March 2004
quotequote all
There no way the CPS can make a case stand here. if it goes to court they have nothing on you. in fact i would ignore the letter.
There is in fact no reason to answer it or respond in any way.

jeffreyarcher

675 posts

266 months

Sunday 28th March 2004
quotequote all
john robson said:
you will not get an FPN though as they have to beissued at the time of the offence,

Yes they can. The point about them being issued at the time is that a NIP does not have to be issued if they are.

Dwight VanDriver

6,583 posts

262 months

Monday 29th March 2004
quotequote all
J.Robson.

Look at Section 75 Road Traffic Offenders Act 88.

DVD

charcoal

Original Poster:

9 posts

269 months

Monday 29th March 2004
quotequote all
Just found out I was doing an average of 91mph. Suppose it could have been a lot worse...! Thanks for the help, really appreciated.

>> Edited by charcoal on Monday 29th March 13:22