What is the Right Response......?
Discussion
I am sure this has been covered before - apologies if it has, I have looked.....
When you are pulled over what is the correct course of action to take?
I would appreciate some advice from the BiB themselves here, as I think it would be useful.
Obviously (IMHO) you should remain polite, but what should you say / not say in order to defend yourself....?
What if you feel that you were not speeding / whatever.....?
Also.... people often mention day-glo vests, blue lights not on....what are the 'loopholes' for want of a better word that would be worth knowing......?
When you are pulled over what is the correct course of action to take?
I would appreciate some advice from the BiB themselves here, as I think it would be useful.
Obviously (IMHO) you should remain polite, but what should you say / not say in order to defend yourself....?
What if you feel that you were not speeding / whatever.....?
Also.... people often mention day-glo vests, blue lights not on....what are the 'loopholes' for want of a better word that would be worth knowing......?
They don't have to produce evidence as long as their are two of them and they corroborate their stories your as guilty as hell.
See my post earlier www.pistonheads.com/gassing/topic.asp?t=257746&f=10&h=0
>> Edited by Andy oh on Tuesday 4th April 22:10
See my post earlier www.pistonheads.com/gassing/topic.asp?t=257746&f=10&h=0
>> Edited by Andy oh on Tuesday 4th April 22:10
1. Get out of the car. EXCEPT If on a busy road such as dual carraiway or Motorway, stay in the drivers seat. If you have got out of the car, walk around to the rear nearside and do not stand between the vehicles (safety issue). Stand so you can see the traffic approaching from behind your position.
2. Pull over to the verge edge of any hard shoulder well away from lane 1 (Be careful about stopping on any French drain or verge, it may be soft!)
3. If you can see a safe place to pull over ahead, indicate to the officer that you have acknowledged his request for you to stop by holding up your hand and indicating to the nearside, then stop in the safe place ahead.
4. Activate your hazard lights
5. Be polite
6. LOOK AT THE OFFICER AND MAINTAIN EYE CONTACT
7. Listen to what is said to you.
8. Do not start a discussion about the rights and wrongs of the reasons you have been stopped. This may well end up continuing within light oak panelled walls.
9. Do not blame anyone else!
10. Do not point out everyone else going past is emulating your misdemeanor.
11. After you have received your advice, apologise (even if it means biting your toungue!)
12. Remember you are not in a position of power at that particular moment!
13. In most cases the officer will know more about the law than you do (unless you happen to be a specialist lawyer or work within the traffic law industry). Do not challenge this fact at the time!
14. If you are humble and apologetic, you will probably receive advice if your perceived error was on the minor side of things.
15. DO NOT START TO CRY!!!!!!
If you start asking if the officer has better things to do or ask about the numbers of rapists, murderers and muggers they have recently caught, I can assure you that your interaction will not go well!
Remember that the law has recently changed SOCAP 2006 has brought in a power of arrest FOR ANY OFFENCE if the officer decides it is necessary to arrest for the prompt efficient investigation of that issue!
I hope that helps.
>> Edited by mg6b on Wednesday 5th April 09:24
2. Pull over to the verge edge of any hard shoulder well away from lane 1 (Be careful about stopping on any French drain or verge, it may be soft!)
3. If you can see a safe place to pull over ahead, indicate to the officer that you have acknowledged his request for you to stop by holding up your hand and indicating to the nearside, then stop in the safe place ahead.
4. Activate your hazard lights
5. Be polite
6. LOOK AT THE OFFICER AND MAINTAIN EYE CONTACT
7. Listen to what is said to you.
8. Do not start a discussion about the rights and wrongs of the reasons you have been stopped. This may well end up continuing within light oak panelled walls.
9. Do not blame anyone else!
10. Do not point out everyone else going past is emulating your misdemeanor.
11. After you have received your advice, apologise (even if it means biting your toungue!)
12. Remember you are not in a position of power at that particular moment!
13. In most cases the officer will know more about the law than you do (unless you happen to be a specialist lawyer or work within the traffic law industry). Do not challenge this fact at the time!
14. If you are humble and apologetic, you will probably receive advice if your perceived error was on the minor side of things.
15. DO NOT START TO CRY!!!!!!
If you start asking if the officer has better things to do or ask about the numbers of rapists, murderers and muggers they have recently caught, I can assure you that your interaction will not go well!
Remember that the law has recently changed SOCAP 2006 has brought in a power of arrest FOR ANY OFFENCE if the officer decides it is necessary to arrest for the prompt efficient investigation of that issue!
I hope that helps.
>> Edited by mg6b on Wednesday 5th April 09:24
Mr Whippy said:
So basically even if you HAVE done nothing wrong,
How will you know?
remember 'In most cases the officer will know more about the law than you do (unless you happen to be a specialist lawyer or work within the traffic law industry). Do not challenge this fact at the time!'
Mr Whippy said:
pretend the police are right because they always know best, and take the punishment on the chin?
Sounds like pleasing them for an easy life, not the way to build respect for the police is it?
Dave
No. That is not what the above says. If you start a discussion with any hint of antagonistic expertise, It will not go well for you generally!
The place to take the matter further is in front of a bench of magistrates or an official complaint about behaviour.
Being a police officer is not about a popularity contest. Most people who are let off an error of judgement will have a positive reaction to that meeting. Those that do not will feel like they have no respect for the police!
Thats human nature I am afraid!
Its not about an easy life either. Being a police officer is not an easy life (well for those who are front line it isn't). It is a matter of respect on both sides.
If you treat the situation with respect, it will go better for you than if you do not!
remember the point 'You are not in a position of power at that particular moment'.
The above is advice in answer to a question by Gorvid.
Advice from someone who knows about situations is usually reasonable to listen to.
The choice is yours
>> Edited by mg6b on Wednesday 5th April 10:07
Just out of interest, would politely asking if one could take notes (or even record the conversation) be regarded as showing a smart ass bad attitude, with subsequent consequences? As Mg6b says, most people have no idea of their rights in such a situation, so it may be helpful to refer later to something noted by them at the time?
7.
7.
catso said:
Lots of stuff
So what to answer to the questions;
"Do you know why I stopped you?"
and
"How fast were you going?"
Last time I was stopped, I answered 'no idea' and 'the GPS said exactly 30mph'.
He didn't seem to like that attitude, but just gave me a talking to (mostly about the inaccuracy of GPS devices
) mg6b said:Could a side effect of this legislation be that it is now easier to coerce people into accepting fixed penalties?
Remember that the law has recently changed SOCAP 2006 has brought in a power of arrest FOR ANY OFFENCE if the officer decides it is necessary to arrest for the prompt efficient investigation of that issue!
BliarOut said:
Remember that the law has recently changed SOCAP 2006 has brought in a power of arrest FOR ANY OFFENCE if the officer decides it is necessary to arrest for the prompt efficient investigation of that issue!
And easier than ever to arrest, charge, have the case dropped by the CPS, but retain the DNA sample and information derived from it.
mg6b said:
The above is advice in answer to a question by Gorvid.
Advice from someone who knows about situations is usually reasonable to listen to.
Thank You mg6b - that is very sound advice...
However, following on from this...
You said:
In most cases the officer will know more about the law than you do (unless you happen to be a specialist lawyer or work within the traffic law industry). Do not challenge this fact at the time!
This is very true, what are our rights in these situations...what should we be aware of that would invalidate any fine etc?
mg6b said:
So basically even if you HAVE done nothing wrong,
How will you know?
remember 'In most cases the officer will know more about the law than you do (unless you happen to be a specialist lawyer or work within the traffic law industry). Do not challenge this fact at the time!'
Hate to bring this up, but "in most cases" isn't ALL cases. It just sounds like a law to bully you into accepting anything they say you have done. £60 and 3pts please!
Great... just be thankfull they don't arrest you and give you a good truncheoning!
Dave
catso said:
Lots of stuff
So what to answer to the questions;
"Do you know why I stopped you?"
and
"How fast were you going?"
You have to answer the questions as honestly as you can. Honesty is generally rewarded. If you are going to embarassed by your honesty, then a small white lie like, I am sorry, I don't know will usually suffice
Coppers can smell b*****it a mile away. They thrive on it
Just be polite and sensible. Thats all you have to do!
>> Edited by mg6b on Wednesday 5th April 13:18
gorvid said:
This is very true, what are our rights in these situations...what should we be aware of that would invalidate any fine etc?
Your rights are to be dealt with in an appropriate and polite manner.
Invalidating offences are the job of a court or a lwayer in court to assist you. Errors such as the date of the offence or serious mistakes relating to any penalty notice you are given may result in the ticket being expunged.
Other than that, if you are unsure of how an offence has been committed, then ask. You will generally have it explained to you. Make some notes about what the officer says and then seek some more qualified advice when you reach an appropriate place or moment to find it.
You will be aware of the circumstances relating to the incident. A lawyer will expect an honest appraisal/account of those events. You do not tell a lawyer you have committed an offence. Just tell them the offence for which you are being reported or summonsed. Let them do the rest.
Mr Whippy said:
So basically even if you HAVE done nothing wrong,
How will you know?
remember 'In most cases the officer will know more about the law than you do (unless you happen to be a specialist lawyer or work within the traffic law industry). Do not challenge this fact at the time!'
Hate to bring this up, but "in most cases" isn't ALL cases. It just sounds like a law to bully you into accepting anything they say you have done. £60 and 3pts please!
Great... just be thankfull they don't arrest you and give you a good truncheoning!
You have an option. You do not have to accept a FPN for £60 and 3 points.
It is the officers decision to deal with the offence in this way in any case. There is no right to a FPN! You could just be reported and face the beak!
If you don't agree with the decision of the officer who is dealing with your incident, seek legal advice. If that advice says you have a case to fight, then do it through the proper channels. That could be either court or complaint or both. You always have the option of representing yourself.
My point is don't get into an arguement at the side of the road. You stand to lose it comprehensively at that moment and may not recover the consequences!
You could recover the consequences if you are lucky and the officer has been wrong in the first instance. That however is usually a lengthy and expensive business.
Unless you are well versed in law, don't take the police officer on at the time!
I have never seen anyone get a good truncheoning for being arrested. I have seen someone get a good truncheoning who deserved it because they objected violently to being arrested!
>> Edited by mg6b on Wednesday 5th April 13:35
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