Must a producer be issued for speeding?
Discussion
I was stopped this evening by a police car. They said I was doing 90 in a 60 limit motorway. They were following me in a car with a calibrated speedo. Because of the speed, they are sending it to the Procurator Fiscal, and said they were unable to issue me with a ticket. They asked for my name and occupation, and whether the car was mine, but didn't ask for anything else, such as any middle names, or my address.
They also didn't give me a producer. Is that unusual? A friend of mine says they absolutely must give you a producer, but is it all checked online these days?
They also didn't give me a producer. Is that unusual? A friend of mine says they absolutely must give you a producer, but is it all checked online these days?
James McScotty said:
They also didn't give me a producer. Is that unusual?
Not at all.If they intend to take further action (and do not issue a FPN at the roadside), a notice / warning of possible prosecution (NIP) must be served within 14 days of the alleged offence.
If the NIP is served at the time of the stop, it can be verbal with no requirement for any corresponding paperwork.
I sounds like you have been "reported for the offence" and therefore will get a day in court rather than a ticket (which would result in fine/ban/rehab course). It may be due to the amount you were over the speed limit or could be that you have enough points to send you over 12??
oops just seen Countdown's link!
oops just seen Countdown's link!
Edited by Red Leader on Wednesday 30th December 09:45
Red Leader said:
I sounds like you have been "reported for the offence" and therefore will get a day in court rather than a ticket (which would result in fine/ban/rehab course). It may be due to the amount you were over the speed limit or could be that you have enough points to send you over 12??
oops just seen Countdown's link!
Yes they intend to take me to court. I have 3 points on my licence from Sept 2010, and I think those have now expired. They didn't ask to see my licence, in any case.oops just seen Countdown's link!
I am certain I wasn't doing 90 because I have the speed alarm thingy set to 90 to avoid this precise situation. I also saw them coming and eased off.
James McScotty said:
Yes they intend to take me to court. I have 3 points on my licence from Sept 2010, and I think those have now expired. They didn't ask to see my licence, in any case.
I am certain I wasn't doing 90 because I have the speed alarm thingy set to 90 to avoid this precise situation. I also saw them coming and eased off.
Then you're sorted. With incontrovertible evidence like that, they'll probably drop the case before it gets anywhere near court. Point the PF at this thread too, as it's extra proof that you're telling the truth. I am certain I wasn't doing 90 because I have the speed alarm thingy set to 90 to avoid this precise situation. I also saw them coming and eased off.
James McScotty said:
LoonR1 said:
Then you're sorted. With incontrovertible evidence like that, they'll probably drop the case before it gets anywhere near court. Point the PF at this thread too, as it's extra proof that you're telling the truth.
Thanks mate, really nice of you to say that.It's because you said this:
James McScotty said:
A friend of mine says they absolutely must give you a producer, but is it all checked online these days?
Then followed it up with this:James McScotty said:
Yes they intend to take me to court.
Which you did not state in your original post.This leaves you open to the usual PH interrogation.
It matters little in respect of the speeding offence being evidenced what the police say the speed is on the speedometer. There are two police witnesses that say in their opinion you were driving in excess of the limit. They can back that up with evidence of what speed their car was being driven at and the relative speed to yours.
The measurement of your speed by the officers matching your speed is going to be open to test but that test won't bring it down to below 60 in my opinion. Not unless you have evidence that can do that.
You might be lucky and get a few mph less on the officers' opinions of the speed measurement but not much...unless they really are poor witnesses.
Your speed alarm and your own evidence of your speed isn't going to be regarded in better stead than that of two police officers I reckon.
The measurement of your speed by the officers matching your speed is going to be open to test but that test won't bring it down to below 60 in my opinion. Not unless you have evidence that can do that.
You might be lucky and get a few mph less on the officers' opinions of the speed measurement but not much...unless they really are poor witnesses.
Your speed alarm and your own evidence of your speed isn't going to be regarded in better stead than that of two police officers I reckon.
HO/RT1 is effectively obselete as most of the time if the police can;tbe satsified by the databases or documents produced at the tiem and checked with the relevant body they'll seize the vehicle ...
NIP within 14 days is not relevant when stopped
as you'll be given the ' the caution' and told you are being reported as part of the spiel given when they actually deal with the offence (see innumberable reality shows for the exact wording / common accepted variations )
NIP within 14 days is not relevant when stopped
as you'll be given the ' the caution' and told you are being reported as part of the spiel given when they actually deal with the offence (see innumberable reality shows for the exact wording / common accepted variations )
mph1977 said:
HO/RT1 is effectively obselete as most of the time if the police can;tbe satsified by the databases or documents produced at the tiem and checked with the relevant body they'll seize the vehicle ...
HO/RT1's are far from obsolete. Where I work if a vehicle is stopped and PNC shows no insurance but the driver insists there is, then unless the insurer can be contacted to clarify, it'll be a producer pretty much every time.
Cat
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king for the other.