refused speeding ticket after being pulled have i been silly
Discussion
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.
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.
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.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.
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
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.
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.
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
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.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.
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.
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.
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 itcheers
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. 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.
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.
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 ?
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