refused speeding ticket after being pulled have i been silly

refused speeding ticket after being pulled have i been silly

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fendertele

Original Poster:

160 posts

94 months

Sunday 23rd September 2018
quotequote all
got pulled over by a police car parked in a side street off the main road i was driving down, got taken into back of the car for the talk. once in there they showed me the calibration on top of the gun, i didnt read it properly so cant verify the date as was dark, and was shown 41mph on their speedometer, i was adamant i wasnt speeding to them and one of the officers then tested my speedometer on my car and said it was fine, i replied i knew it was okay and that i meant their gun must be off....

anyways after that i then began to question where they had been sat as it was off the road and well hidden by darkness and they werent visible until passing them by and whether that would be entrapment. they argued they were perfectly visible and after the talk i refused the ticket and they accepted but made me aware they would forward the details to the procurator fiscal.

should i have just taken it or should i just wait and see what is sent out to me? or even call up the station and accept it now.


thanks for any advice.

dacouch

1,172 posts

128 months

Sunday 23rd September 2018
quotequote all
fendertele said:
got pulled over by a police car parked in a side street off the main road i was driving down, got taken into back of the car for the talk. once in there they showed me the calibration on top of the gun, i didnt read it properly so cant verify the date as was dark, and was shown 41mph on their speedometer, i was adamant i wasnt speeding to them and one of the officers then tested my speedometer on my car and said it was fine, i replied i knew it was okay and that i meant their gun must be off....

anyways after that i then began to question where they had been sat as it was off the road and well hidden by darkness and they werent visible until passing them by and whether that would be entrapment. they argued they were perfectly visible and after the talk i refused the ticket and they accepted but made me aware they would forward the details to the procurator fiscal.

should i have just taken it or should i just wait and see what is sent out to me? or even call up the station and accept it now.


thanks for any advice.
It's probably going to cost you more in the long run by refusing the ticket.

Traffic Officers often use an "Attitude Test", if they feel you are contrite and a stern talking to from them will stop you speeding again, they will sometimes let you off with a verbal warning

mike74

3,687 posts

131 months

Sunday 23rd September 2018
quotequote all
So what exactly is your complaint?

A supposed faulty speed gun?

Or a supposed case of entrapment?

TooMany2cvs

29,008 posts

125 months

Sunday 23rd September 2018
quotequote all
fendertele said:
anyways after that i then began to question where they had been sat as it was off the road and well hidden by darkness and they werent visible until passing them by and whether that would be entrapment
Attitude test = major failure... There's no such thing as "entrapment" for a speeding ticket. They can be wherever they like.

fendertele said:
after the talk i refused the ticket and they accepted but made me aware they would forward the details to the procurator fiscal.
You've had the NIP. There's no question over whether you were driving.
Next thing you'll get is an FPN (PF, so Scotland, so no SACs) - assuming it doesn't simply go straight to the sheriff or whatever up there.

fendertele

Original Poster:

160 posts

94 months

Sunday 23rd September 2018
quotequote all
tbh i was actually very decent with dispite how i ve came across in my post infact so much so the officer even remarked that normally since im so understanding and polite they would let me off with a warning but as it was 41mph on the gun they were going to issue me with points and fine.

i was questioning things but always decent and also discussed things like work etc..lol

so i was just wondering does the procurator offer the original penalty and fine again when he contacts me or does it now just go straight to court.

also two things i noticed but never questioned.

when i was first taken into the car and spoken too and irefused the ticket, he then said he would check my speedo and wouldnt allow me to drive my car for the rest of the night ( i use my car for work driver )

when e returned to the car and i questioned wher they parked and brought up they were h idden from view eetc...he then changed his mind and allowed me to keep driving for the night.

Edited by fendertele on Sunday 23 September 08:38


Edited by fendertele on Sunday 23 September 08:40

agtlaw

6,680 posts

205 months

Sunday 23rd September 2018
quotequote all
fendertele said:
after that i then began to question where they had been sat as it was off the road and well hidden by darkness and they weren't visible until passing them by and whether that would be entrapment.
They caused you exceed the speed limit by virtue of their position? Good luck with that.

TooMany2cvs

29,008 posts

125 months

Sunday 23rd September 2018
quotequote all
fendertele said:
so i was just wondering does the procurator offer the original penalty and fine again when he contacts me or does it now just go straight to court.
AIU the Scottish system, it's the PF who decides whether to prosecute, and whether to offer an FPN or not. Mr McPlod just puts the report through.

41 in a 30 is definitely FPN territory - I had a course for 40 in a 30 a few years back, but that's not an option in Scotland.

fendertele

Original Poster:

160 posts

94 months

Sunday 23rd September 2018
quotequote all
agtlaw said:
They caused you exceed the speed limit by virtue of their position? Good luck with that.
i never admitted to the speeding and was just adding as a side counter whether they were also parked a bit out of sight.

jamei303

2,996 posts

155 months

Sunday 23rd September 2018
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Can you only be convicted of robbing a bank if there is a police officer in hi-vis standing by the entrance?

agtlaw

6,680 posts

205 months

Sunday 23rd September 2018
quotequote all
jamei303 said:
Can you only be convicted of robbing a bank if there is a police officer in hi-vis standing by the entrance?
If so then that must be a Scottish thing. I think they actually need two hi-viz police officers - for corroboration.

Freddie Fitch

118 posts

70 months

Sunday 23rd September 2018
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How did the police check your speedometer?

V8LM

5,166 posts

208 months

Sunday 23rd September 2018
quotequote all
fendertele said:
and one of the officers then tested my speedometer on my car and said it was fine
Out of interest, how?

fendertele

Original Poster:

160 posts

94 months

Sunday 23rd September 2018
quotequote all
sorry if im coming across silly, i had a lawyer one time that worked with the police division and while driving we were discussing the whole speeding fines etc... and he was basically saying always contest it they dont have the budget to take these things to court right now...and also mentioned the whole entrapment thing if the car isnt visible and they are parked off the side etc...

thats why tonight i didnt accept it and brought it up to them to see how they would react... and when they changed their mind from not allowing me to work to allowing it i thought i may have gotten somewhere with it and just wanted advice on it.

fendertele

Original Poster:

160 posts

94 months

Sunday 23rd September 2018
quotequote all
V8LM said:
Out of interest, how?
started my car up and revved it while parked lol i was wondering it too as only the rev counter went up but the speed obv didnt budge... but i just thought its cool crack on mate

anonymous-user

53 months

Sunday 23rd September 2018
quotequote all
Was it the Scot squad who stopped you?


fendertele

Original Poster:

160 posts

94 months

Sunday 23rd September 2018
quotequote all
Faz50 said:
Was it the Scot squad who stopped you?

no not at all the first officer ran me through his history of doing the job and how the guns always accurate and never any errors etc...guy was the legit deal.

fendertele

Original Poster:

160 posts

94 months

Sunday 23rd September 2018
quotequote all
anonymous said:
[redacted]
i know i know im just qouting the guy who explained it to me and he used it the example as a form of entrapment.. but cool ill ring the speeding division up tomorrow and change my plea just thought id contest it tonight and see if i had any chance of getting off with it before accepting it

cheers

Pica-Pica

13,621 posts

83 months

Sunday 23rd September 2018
quotequote all
I think ‘entrapment’ is where someone (somehow) entices you to break the law or expose yourself as a law-breaker. As you could not (apparently) see them, but were speeding, how is it entrapment?

LosingGrip

7,806 posts

158 months

Sunday 23rd September 2018
quotequote all
fendertele said:
sorry if im coming across silly, i had a lawyer one time that worked with the police division and while driving we were discussing the whole speeding fines etc... and he was basically saying always contest it they dont have the budget to take these things to court right now...and also mentioned the whole entrapment thing if the car isnt visible and they are parked off the side etc...

thats why tonight i didnt accept it and brought it up to them to see how they would react... and when they changed their mind from not allowing me to work to allowing it i thought i may have gotten somewhere with it and just wanted advice on it.
I'd suggest that they weren't really a lawyer if they are giving advice like that! Or they must not get much work at all.

They will take it to court if you contest it. There is nothing stopping the police hiding in the bush with camo clothing on, and then sending a NIP out later if they didn't want to be seen.

fendertele

Original Poster:

160 posts

94 months

Sunday 23rd September 2018
quotequote all
Pica-Pica said:
I think ‘entrapment’ is where someone (somehow) entices you to break the law or expose yourself as a law-breaker. As you could not (apparently) see them, but were speeding, how is it entrapment?
i'm not sure what he meant

i guess it would be enticing for someone to speed thinking that they can because no one is around to catch them...but they are..just hidden round the corner out of sight

similar to a shopkeeper leaving his till open and hiding under his counter, enticing the customer as he thinks there is no one around and so takes the money only to be confronted by the shop keeper as he he grabs it. if the shopkeep was in view they wouldnt do it.

i mean to be prosecuted with speed cameras there needs to be signs in clear view upon approaching ?