incorrect police evidence - help!
Discussion
Any advice appreciated - I don't want to start a debate about the rights and wrongs about speeding.
I was a silly boy and got caught doing 104 mph on a sunny, clear M3. I was all ready to plead guilty and take it like a man but this morning I received the summons and a notice that the police officer wouldn't be attending court - included was his handwritten signed statement.
On this he has got my reg number slightly wrong also says I wasn't issued an HO/RT1, which I was.
Does anyone have any advice as to how I should plead and if I can use this to my advantage?
should I still plead guilty but say I thought i was doing less than 104 - the pc got the reg wrong and caution details wrong therefore he may have got the speed wrong too.
If I can escape without prosecution AND learn my lesson about speeding I will be in a stronger position than never having been caught at all.
Cheers
>>> Edited by stupido on Saturday 5th January 13:11
I was a silly boy and got caught doing 104 mph on a sunny, clear M3. I was all ready to plead guilty and take it like a man but this morning I received the summons and a notice that the police officer wouldn't be attending court - included was his handwritten signed statement.
On this he has got my reg number slightly wrong also says I wasn't issued an HO/RT1, which I was.
Does anyone have any advice as to how I should plead and if I can use this to my advantage?
should I still plead guilty but say I thought i was doing less than 104 - the pc got the reg wrong and caution details wrong therefore he may have got the speed wrong too.
If I can escape without prosecution AND learn my lesson about speeding I will be in a stronger position than never having been caught at all.
Cheers
>>> Edited by stupido on Saturday 5th January 13:11
quote:
Any advice appreciated - I don't want to start a debate about the rights and wrongs about speeding.
If I can escape without prosecution AND learn my lesson about speeding I will be in a stronger position than never having been caught at all.
Cheers
You could just show up at court and see if the duty solicitor is interesting in listening. He will advise you how to plead. Alternatively get a solicitor to see you and discuss.
Good luck
Edited by nonegreen on Saturday 5th January 19:55
quote:
anyone else got any thoughts or experience on this?
They have to let you have access to the duty solicitor. As far as I know if there is any doubt as to how you should plead he will get the case adjourned. In fact if you plead not guilty it is most likely to be adjourned anyway. If you phone the court they will probably let you know who is duty solicitor for that day.
Edited by nonegreen on Saturday 5th January 12:39
Edited by nonegreen on Saturday 5th January 19:54
A friend of mine was traveling down a motorway at about 105MPH,although he was breaking the law he took it to court (for a fight )because the police only geussed his speed whilst looking out of their car window from a motorway bridge and then fabricated a story.
My friend spent thousands of pounds (rich sod) on barristers,etc and obtained copies of the police radio conversations which supported his innocence.
He lost because,despite the evidence, the magistrates sided with the police. He has since found out the magistrates tend to offer support to the local police so be carefull. It may be game set and match before you even enter the court room. You may just end up with a hefty bill for costs and a fine for being cheeky.
My friend spent thousands of pounds (rich sod) on barristers,etc and obtained copies of the police radio conversations which supported his innocence.
He lost because,despite the evidence, the magistrates sided with the police. He has since found out the magistrates tend to offer support to the local police so be carefull. It may be game set and match before you even enter the court room. You may just end up with a hefty bill for costs and a fine for being cheeky.
Seek advice from at least 2 solicitors before going further. Many offer a free initial consultation. I would not rely upon the duty solicitor on the day, he will probably not have the time to review your case sufficiently.
You could be banned so a few hundred quid spent on advice must be worth it. Lets face it you would be well pissed off pleading guilty if you could have got away with the offence if they quoted an incorrect reg number. Also could you lose you job? would others be affected? Magistrates will take this into consideration.
You could be banned so a few hundred quid spent on advice must be worth it. Lets face it you would be well pissed off pleading guilty if you could have got away with the offence if they quoted an incorrect reg number. Also could you lose you job? would others be affected? Magistrates will take this into consideration.
Right, before I get loads of shite about dishonesty etc.. im just being curios in this question:
If Stupido replied to the summons pleading 'Not Guilty' and when attended court he or his solicitor stated that his vehicle is registered 'xxxxx' and not what the cop said on the statement therefore he had not been proven to have commited a traffic offence. what would happen?
I mean, how can a cop that cant even get the basic details correct stand up in a court and offer evidence that is 'beyond resonable doubt'?????
PS stupido: im not saying you should try this! u should get the advice of a solicitor before you decide to do anything!
Good luck though!
Marv
If Stupido replied to the summons pleading 'Not Guilty' and when attended court he or his solicitor stated that his vehicle is registered 'xxxxx' and not what the cop said on the statement therefore he had not been proven to have commited a traffic offence. what would happen?
I mean, how can a cop that cant even get the basic details correct stand up in a court and offer evidence that is 'beyond resonable doubt'?????
PS stupido: im not saying you should try this! u should get the advice of a solicitor before you decide to do anything!
Good luck though!
Marv
Marv- that's exactly what i was thinking of doing. However not being quite as well endowed as steelnads I'm going to plead guilty but bring the beaks attention to the inaccuracies of the police statement. I'll talk about not wanting to waste any more of anyone's time or money and have to drag the poilce officer into court.
I might even quiblle the speed on the statement as there are two other inaccuracies.
I might even quiblle the speed on the statement as there are two other inaccuracies.
quote:
hmmm, so how come murderers have got let off on a "technicality", and yet drivers are stitched up like this?
Something not quite right about this?
C
I guess "proven beyond resonable doubt" means different things in different cases. If you ask me our justice system is fairly crap and should be renamed to something more apt (justice it aint!) any ideas????
The other point is that if you get nicked for speading in a court your very unlikey to appeal even if you havent done it where as murder is much more likely to be appealed against...
errr, isn't justice meant to be universal? eg, no matter what the crime, they still NEED to prove it was you? AND get the facts right?
If we extrapolate the situation to the 2 extremes, it becomes impossible to convict a genocidal maniac if you don't get their mothers maiden name correct, BUT you can be done if some says "I saw you take that apple" ??!!
Doh! this is really a bad situation. The motorist is being sh*t upon from a great height.
If we extrapolate the situation to the 2 extremes, it becomes impossible to convict a genocidal maniac if you don't get their mothers maiden name correct, BUT you can be done if some says "I saw you take that apple" ??!!
Doh! this is really a bad situation. The motorist is being sh*t upon from a great height.
quote:
I was camered on the M6 Knutsford area in a company car at 106 mph I went to court in Crewe in my bestest clothes. I had to plead guilty even though I knew nothing of the offence. I got 300 pound fine & disqualified for 2 weeks. No points though.
I know it well travel that section every day. This must have been specs system. Did you get no points because they had no proof?
Forgive me, but I feel the need to add my two-penny worth.
Anyone who reads these threads regularly will remember my post regarding the idiot that knocked me of my bike. He was found guilty via a CPS prosecution, only received 5 points and a £350 fine. Incidentally at the first hospital I visited I had to be resuscitated, so the guy almost killed me.
So back to this thread. As Hertsbiker mentioned the judicial system is unbalanced. Why is driving at 100+ a greater offence than almost causing death by driving without due care.
This situation concerns me.
Anyone who reads these threads regularly will remember my post regarding the idiot that knocked me of my bike. He was found guilty via a CPS prosecution, only received 5 points and a £350 fine. Incidentally at the first hospital I visited I had to be resuscitated, so the guy almost killed me.
So back to this thread. As Hertsbiker mentioned the judicial system is unbalanced. Why is driving at 100+ a greater offence than almost causing death by driving without due care.
This situation concerns me.
quote:
Forgive me, but I feel the need to add my two-penny worth.
Anyone who reads these threads regularly will remember my post regarding the idiot that knocked me of my bike. He was found guilty via a CPS prosecution, only received 5 points and a £350 fine. Incidentally at the first hospital I visited I had to be resuscitated, so the guy almost killed me.
So back to this thread. As Hertsbiker mentioned the judicial system is unbalanced. Why is driving at 100+ a greater offence than almost causing death by driving without due care.
This situation concerns me.
Concerns me too mate!
Unfortunately the green government are only interested in promoting their "Cars are bad and drugs are good Philosophy". If you happen to get killed by a car its just tough. Time for a revolution?
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