Police enquiry at home

Author
Discussion

SlimJim16v

5,705 posts

144 months

Wednesday 29th June 2022
quotequote all
Fighting it will allow you to see the evidence, you can then visit the scene of the 'crime' and prepare your defence. If it even gets to court.

eldar

21,844 posts

197 months

Wednesday 29th June 2022
quotequote all
lb3nson said:
eldar said:
There was another thread where someone was convinced of their innocence. They do now have a criminal record. The OP needs to make a rational and non emotional decision.
But was there evidence they were not innocent?
I can’t see how anyone can be convicted of a criminal act without evidence?
There was, indeed, enough to convict. The poster was convinced the evidence wouldn't support a conviction. He was wrong.

This thread.

https://www.pistonheads.com/gassing/topic.asp?h=0&...

Edited by eldar on Wednesday 29th June 15:49

Fastdruid

8,668 posts

153 months

Wednesday 29th June 2022
quotequote all
eldar said:
lb3nson said:
eldar said:
There was another thread where someone was convinced of their innocence. They do now have a criminal record. The OP needs to make a rational and non emotional decision.
But was there evidence they were not innocent?
I can’t see how anyone can be convicted of a criminal act without evidence?
There was, indeed, enough to convict. The poster was convinced the evidence wouldn't support a conviction. He was wrong.

This thread.

https://www.pistonheads.com/gassing/topic.asp?h=0&...
Totally and utterly different situations. One is a minor traffic offence that is non-recordable and the other er, isn't.

super7

1,942 posts

209 months

Wednesday 29th June 2022
quotequote all
The issue i'd have with the two witness's is their qualifications to judge the offence.....

Two coppers sat in a car can issue a ticket on their judgement. Fair enough... they are supposedly trained to make these opinions. Two mates in a car judging another's behaviour should hold no value in a court. How do you or the coppers or the magistrate know that their evidence is valid? Hence the need for another independent witness.

They may be nervous driver. They may have been doing 40 in a 60. You may have overtaken perfectly safely and their nervous demeanour means they hit the brake for no reason apart from lack of confidence.

You could be a big tit and scared the living daylights out of them legitimately but surely you must need someone to corroborate it??

I'd not be getting a solicitor specialising in Driving offences at £2k a pop, but a general solicitor who can argue the lack of evidence. It only cost a couple of hundred quid for my sons DUI court case. far more serious than this joke.

SeekerOfTruthAndPies

266 posts

38 months

Wednesday 29th June 2022
quotequote all
Loving the Bar Room Solicitors giving their advice on here again, easy to say 'There's no evidence!' when it isn't you facing the potential consequences.

Icing on the cake being 'Represent yourself' (I imagine this never goes down well at Court), with the cherry on top being the frankly bat st crazy conspiracy theories that he's upset someone in the Police/friend of the Police and this is a result of that!

For what it's worth, I do think it was probably too late to be visiting the OP's house for something as relatively trivial and already slightly aged, but on the other hand I wouldn't get out of my pram about it.

OutInTheShed

7,802 posts

27 months

Wednesday 29th June 2022
quotequote all
Fastdruid said:
eldar said:
lb3nson said:
eldar said:
There was another thread where someone was convinced of their innocence. They do now have a criminal record. The OP needs to make a rational and non emotional decision.
But was there evidence they were not innocent?
I can’t see how anyone can be convicted of a criminal act without evidence?
There was, indeed, enough to convict. The poster was convinced the evidence wouldn't support a conviction. He was wrong.

This thread.

https://www.pistonheads.com/gassing/topic.asp?h=0&...
Totally and utterly different situations. One is a minor traffic offence that is non-recordable and the other er, isn't.
But the principle is, lots of people on the interweb will tell you your case is bullet proof, a slam-dunk, whatever, but in reality events are open to interpretation and the legal process can be unreliable.

The consequences of being wrongfully convicted of assault are way more than a dubious conviction for a traffic offence.
Anything short of drink driving, nobody cares much in general. In fact I know more than a handful of people convicted of DUI and none of them has exactly had much impact from it.

I suspect it will cost a few hundred pounds in taking the fine and higher premiums.
vs
£££ for legal fees, cost of a day in court etc if you win.
Non-zero risk of losing with potential for serious cost.

Fermit

13,054 posts

101 months

Wednesday 29th June 2022
quotequote all
SeekerOfTruthAndPies said:
Icing on the cake being 'Represent yourself' (I imagine this never goes down well at Court)
If you wish to fire accusations of talking nonsense then start at home. Your statement above for EG.

20+ years ago I was ordered to court for a 108/70 offence. I paid some £600 for a solicitor. I received a 5 week ban, and an £800 fine. Some months later I got talking to a then neighbour. He'd previously been to court for 135/70, but he represented himself. A 3 week ban (the fine wasn't discussed)

So, courts don't appreciate you representing yourself, that's correct yes?

Longy00000

1,365 posts

41 months

Wednesday 29th June 2022
quotequote all
I can't vouch for criminal type cases but certainly in civil cases that go to court they usually give you a little more latitude when representing yourself given you obviously won't be familiar with procedural matters and the like.
I have seen this in RTA cases at court for liability claims and also small claims cases as well as employment tribunals.
Not the same as the OPs position but I should imagine there woukd be a good chance anyone representing themselves would also be afforded a little latitude too?

SeekerOfTruthAndPies

266 posts

38 months

Wednesday 29th June 2022
quotequote all
Fermit said:
SeekerOfTruthAndPies said:
Icing on the cake being 'Represent yourself' (I imagine this never goes down well at Court)
If you wish to fire accusations of talking nonsense then start at home. Your statement above for EG.

20+ years ago I was ordered to court for a 108/70 offence. I paid some £600 for a solicitor. I received a 5 week ban, and an £800 fine. Some months later I got talking to a then neighbour. He'd previously been to court for 135/70, but he represented himself. A 3 week ban (the fine wasn't discussed)

So, courts don't appreciate you representing yourself, that's correct yes?
One from the 'More to This Than Meets the Eye' category. Good to see you're still not bitter about it though.

OutInTheShed

7,802 posts

27 months

Wednesday 29th June 2022
quotequote all
SeekerOfTruthAndPies said:
One from the 'More to This Than Meets the Eye' category. Good to see you're still not bitter about it though.
Or there's just an element of 'random'?

boombang

551 posts

175 months

Wednesday 29th June 2022
quotequote all
Struggling to believe this can stand up and is being progressed.

3 friends of mine were out cycling. A van drove by, the passenger shot what looked like an airsoft gun at them. One cyclist had a camera on their bars and the video clearly showed reg plate, passenger's face and the shot.

Police went to registered keeper's house, he said it didn't happen. Case was dropped.


Now compare that to two people who say they witnessed a speedy overtake now being progressed as a driving offence. Makes no sense.

Retro.74

205 posts

24 months

Wednesday 29th June 2022
quotequote all
super7 said:
The issue i'd have with the two witness's is their qualifications to judge the offence.....

Two coppers sat in a car can issue a ticket on their judgement. Fair enough... they are supposedly trained to make these opinions. Two mates in a car judging another's behaviour should hold no value in a court. How do you or the coppers or the magistrate know that their evidence is valid? Hence the need for another independent witness.

They may be nervous driver. They may have been doing 40 in a 60. You may have overtaken perfectly safely and their nervous demeanour means they hit the brake for no reason apart from lack of confidence.

You could be a big tit and scared the living daylights out of them legitimately but surely you must need someone to corroborate it??

I'd not be getting a solicitor specialising in Driving offences at £2k a pop, but a general solicitor who can argue the lack of evidence. It only cost a couple of hundred quid for my sons DUI court case. far more serious than this joke.
This.

I don't know how any court can make a judgement on a word on word allegation on this sort of offence, or everybody would be at it. The 2nd witness is not independent and in the same car.

vonhosen

40,278 posts

218 months

Wednesday 29th June 2022
quotequote all
super7 said:
The issue i'd have with the two witness's is their qualifications to judge the offence.....
No special qualifications needed.


SeekerOfTruthAndPies

266 posts

38 months

Wednesday 29th June 2022
quotequote all
vonhosen said:
super7 said:
The issue i'd have with the two witness's is their qualifications to judge the offence.....
No special qualifications needed.
This.

Also the independence factor: it's akin to saying that because you and your wife are the only witnesses to someone breaking into your house, then your evidence is worthless because the neighbour across the road didn't also see it.

Fastdruid

8,668 posts

153 months

Wednesday 29th June 2022
quotequote all
Fermit said:
SeekerOfTruthAndPies said:
Icing on the cake being 'Represent yourself' (I imagine this never goes down well at Court)
If you wish to fire accusations of talking nonsense then start at home. Your statement above for EG.

20+ years ago I was ordered to court for a 108/70 offence. I paid some £600 for a solicitor. I received a 5 week ban, and an £800 fine. Some months later I got talking to a then neighbour. He'd previously been to court for 135/70, but he represented himself. A 3 week ban (the fine wasn't discussed)

So, courts don't appreciate you representing yourself, that's correct yes?
FWIW I represented myself in a case of DWDCA with the witnesses being two police officers.

I won.

anonymous-user

55 months

Wednesday 29th June 2022
quotequote all
Just my 2p as a member of the public…

Midnight call is totally out of order for a motoring offence.

If the police want the support of the public, this is a piss poor way of going about it.

Best of luck OP, assuming you’re not a ttty driver then fight it.

Fermit

13,054 posts

101 months

Wednesday 29th June 2022
quotequote all
SeekerOfTruthAndPies said:
Fermit said:
SeekerOfTruthAndPies said:
Icing on the cake being 'Represent yourself' (I imagine this never goes down well at Court)
If you wish to fire accusations of talking nonsense then start at home. Your statement above for EG.

20+ years ago I was ordered to court for a 108/70 offence. I paid some £600 for a solicitor. I received a 5 week ban, and an £800 fine. Some months later I got talking to a then neighbour. He'd previously been to court for 135/70, but he represented himself. A 3 week ban (the fine wasn't discussed)

So, courts don't appreciate you representing yourself, that's correct yes?
One from the 'More to This Than Meets the Eye' category. Good to see you're still not bitter about it though.
Not at all. They were an extremely similar set of circumstances. Glad to see you're not bitter about being pulled up for talking cod-ste.

Terzo123

4,328 posts

209 months

Wednesday 29th June 2022
quotequote all
boombang said:
Struggling to believe this can stand up and is being progressed.

3 friends of mine were out cycling. A van drove by, the passenger shot what looked like an airsoft gun at them. One cyclist had a camera on their bars and the video clearly showed reg plate, passenger's face and the shot.

Police went to registered keeper's house, he said it didn't happen. Case was dropped.


Now compare that to two people who say they witnessed a speedy overtake now being progressed as a driving offence. Makes no sense.
Firing a BB gun at a person is not a road traffic matter as such the registered keeper of the van is under no obligation to name the driver of the van, far less the passenger who was doing shooting Whereas the OP if hes the registered keeper will be required to name the driver of his car during the time of the alledged traffic offence.

SeekerOfTruthAndPies

266 posts

38 months

Wednesday 29th June 2022
quotequote all
Fermit said:
SeekerOfTruthAndPies said:
Fermit said:
SeekerOfTruthAndPies said:
Icing on the cake being 'Represent yourself' (I imagine this never goes down well at Court)
If you wish to fire accusations of talking nonsense then start at home. Your statement above for EG.

20+ years ago I was ordered to court for a 108/70 offence. I paid some £600 for a solicitor. I received a 5 week ban, and an £800 fine. Some months later I got talking to a then neighbour. He'd previously been to court for 135/70, but he represented himself. A 3 week ban (the fine wasn't discussed)

So, courts don't appreciate you representing yourself, that's correct yes?
One from the 'More to This Than Meets the Eye' category. Good to see you're still not bitter about it though.
Not at all. They were an extremely similar set of circumstances. Glad to see you're not bitter about being pulled up for talking cod-ste.
Yes, you really showed me by quoting an example from over 20 years ago with minimal details, using anecdotal evidence from a neighbour who may not have been telling you the full story/entirely truthful.

the tribester

2,421 posts

87 months

Wednesday 29th June 2022
quotequote all
Retro.74 said:
This.

I don't know how any court can make a judgement on a word on word allegation on this sort of offence, or everybody would be at it. The 2nd witness is not independent and in the same car.
Isn't this how alot of cases for all sorts of offences arrive at court for trial.