Expecting visit from BiB!!!!
Expecting visit from BiB!!!!
Author
Discussion

r55mur

Original Poster:

177 posts

270 months

Monday 8th September 2003
quotequote all
A friend of a friend (honest) advised that he went past a police car with a radar gun pointed directly at him on a dual carriageway at, let's just say above the NSL. The only reason he was not followed was due to thm being on the opposite carriageway.
In the unlikely event they did get the number of the car (other cars, barriers etc obscuring view) what happens if they turn up at the door 2 weeks later or send NIP with no evidence other than the speed registered on the gun.

One worry is, he has previously been told (by police) that two witnesses reporting the same offence makes it fact (in Scotland at least - ludicrous I know) which gives them a stronger case if they both advise seeing the same person at the wheel. He says this was not possible but it's two bib against one...

Help required - just in case........



206xsi

49,322 posts

268 months

Tuesday 9th September 2003
quotequote all
Ross,

My understanding is that 2 witnesses or one witness plus one electronic witness is sufficient.

Either the BiB got him or they didn't - if there was material in the way then I wouldn't worry...

r55mur

Original Poster:

177 posts

270 months

Tuesday 9th September 2003
quotequote all
I'm not worried in the slightest.... i think it will be interesting to see if they turn up at his door claiming he was speeding.....

The query is though, what can he say that will not incriminate himself or is the usual memory lapse applicable, if so (again if they got his reg no.) and they have a fixed speed on the 'gun' could they charge (or at least try) the registered owner nfor faliure to say who was driving ??????

I know the NIP thing has been talked about to death here but these circumsatnces are different in the sense there is no photographic evedince but 2 police officers witnessed the offence and (could) have registered a speed above the NSL.

jeffreyarcher

675 posts

268 months

Tuesday 9th September 2003
quotequote all
r55mur said:
what can he say that will not incriminate himself or is the usual memory lapse applicable,

All that he is required to give is who was driving at the time. He could say he doesn't know / remember, but that scenario may lead to an S172 prosecution. No comment should be made to any other questions.
r55mur said:
if so (again if they got his reg no.) and they have a fixed speed on the 'gun' could they charge (or at least try) the registered owner nfor faliure to say who was driving ??????

Yes

r55mur said:
I know the NIP thing has been talked about to death here but these circumsatnces are different in the sense there is no photographic evedince but 2 police officers witnessed the offence and (could) have registered a speed above the NSL.

Verbal requests are different in that you cannot 'not sign' a verbal response.
No evidence of an offence is required to be S172d. All that is required is an "allegation", and that the "nature" of the alleged offence is specified.
So, for example, if they only asked who was driving but neglected to give any details of the alleged offence, you could legitimately not answer. However, you really need a witness, because in such a scenario they will just lie later.

madant69

847 posts

267 months

Tuesday 9th September 2003
quotequote all
I'm shocked that some of you have such a negative attitude towards the Police. Some of you have met some real b'stards obviously, but then I've met good and bad in every profession you could think of - even strippers. And I never thought THAT would be possible (until I married one - long story)

206xsi

49,322 posts

268 months

Tuesday 9th September 2003
quotequote all
I happened to be in a strip-club in Birmingham on Sat night (stag do!). I can honestly say that the ones I spoke to all appeared educated and extremely courteous and friendly.

And they took their clothes off - bonus!

r55mur

Original Poster:

177 posts

270 months

Tuesday 9th September 2003
quotequote all
206xsi said:
And they took their clothes off - bonus!


Without casting aspersion's on your character I assume you mean the strippers and not the bib.....

206xsi

49,322 posts

268 months

Tuesday 9th September 2003
quotequote all
Stripping GiB...mmmmmm

outlaw

1,893 posts

286 months

Tuesday 9th September 2003
quotequote all
madant69 said:
I'm shocked that some of you have such a negative attitude towards the Police. Some of you have met some real b'stards obviously, but then I've met good and bad in every profession you could think of - even strippers. And I never thought THAT would be possible (until I married one - long story)


IV MET SOME GOOD ONES TOO
had a freind that was on the job.

pluse met just as many that lie perjor there selfs
make faUSLE STATMENT make faulse aressts make unproked attacks on UK citizens.

and A FEW that are total criminals as bent as a 3 pounds note.

TSS

1,136 posts

288 months

Tuesday 9th September 2003
quotequote all
I wouldn’t have thought your friend needs to worry too much. Surely they would send out some sort of written NIP saying that they have 2 BiB as witnesses rather than saying they have photographic evidence like they normally do.

Last March I was on a dual carriageway doing XXXmph and went past several BiB on the other side who were attending some sort of incident. When I glanced in my mirror two of them had turned round and were pointing in my direction. About a mile further on there was another BiB parked on the other side of the dual carriageway frantically waving at me to slow down. As I had already slowed down a bit to XXXmph for a corner and didn’t feel the need to decrease speed any further I pretended not to notice him.

I bit later on I did slow down to 70mph because I was approaching a known BiB hidey hole. And sure enough there was a marked Volvo sitting there who pulled out behind me and followed me until the next services where I stopped to get a drink. I began to get a little worried at this point but they just parked up nearby and stared at me. I walked in to buy a drink and when I came out they’d gone.

I was quite concerned that the first 2 BiB who’d been pointing might have tried to estimate my speed and I’d be getting a large NIP. But I never heard anymore about it.

r55mur

Original Poster:

177 posts

270 months

Tuesday 9th September 2003
quotequote all
TSS said:
Surely they would send out some sort of written NIP


Just have to wait and see, 9 days and counting and he says he was doing XXX as opposed to XX, hence his concern.

Thanks for the help
Ross

jeffreyarcher

675 posts

268 months

Tuesday 9th September 2003
quotequote all
r55mur said:

he was doing XXX as opposed to XX, hence his concern.

Ahhh! Then he may not need to respond to an NIP at all. Stott -v- Brown, Privy Council, Dec. 2002.
In order to require self - incrimination evidence, penalties must be 'modest' and no jail. Legal advice required on that one.

Tivster

359 posts

270 months

Wednesday 10th September 2003
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If he's topped a ton and gets caught, then he deserves whatever punishment he gets...
This NIP no-signing advice is dangerous stuff, and since our chum here will not be getting an offer of a fixed penalty notice - unless he's very lucky - then to add additional offences to that of the Excess Speed is asking for trouble.
Good advice remains - i.e. do what they ask and if you don't you are liable for a whole lot more grief, stress and the like..

r55mur

Original Poster:

177 posts

270 months

Wednesday 10th September 2003
quotequote all
Thanks for all the info, I will pass it on...

Tivster, I just had to comment re your car. It looks great..... Drove a T350 2 weeks ago (not the T) and loved it, would love a T but price means it will be a year or 2 before I stretch to that - Happy motoring....

Re your comments above though, do you honestly feel that 100mph + is ALWAYS a no go area even on wide, clear, straight and long stretches of road??
As you know some cars get up to speed so quickly and are so understressed that 70mph feels positively slow.

Ross

Tivster

359 posts

270 months

Wednesday 10th September 2003
quotequote all
r55mur said:
Thanks for all the info, I will pass it on...

Tivster, I just had to comment re your car. It looks great..... Drove a T350 2 weeks ago (not the T) and loved it, would love a T but price means it will be a year or 2 before I stretch to that - Happy motoring....

Re your comments above though, do you honestly feel that 100mph + is ALWAYS a no go area even on wide, clear, straight and long stretches of road??
As you know some cars get up to speed so quickly and are so understressed that 70mph feels positively slow.

Ross


Ross, 100mph is above the threshold for an almost certain instant ban - regardless of the circumstances. I don't necessarily agree with it but to faff about with the NIP etc is tantamount to adding petrol to a fire. If he's honest and apologetic he may get away with points and a fine. If he isn't then the book will be thrown at him....

Thanks for the comments about the car - can't get to the 1000 mile service quick enough....

r55mur

Original Poster:

177 posts

270 months

Wednesday 10th September 2003
quotequote all
Tivster said:

Thanks for the comments about the car - can't get to the 1000 mile service quick enough....


Bet you can't, like a kid in a sweet shop eh!!!!!

Re my question to you on 100+, I did not mean to relate it to my initial post but was interested in your opinion... e.g. would you travel at that speed (when safe to do so) if the speed limit on motorways was 100mph?

Tivster

359 posts

270 months

Wednesday 10th September 2003
quotequote all
r55mur said:

Tivster said:

Thanks for the comments about the car - can't get to the 1000 mile service quick enough....



Bet you can't, like a kid in a sweet shop eh!!!!!

Re my question to you on 100+, I did not mean to relate it to my initial post but was interested in your opinion... e.g. would you travel at that speed (when safe to do so) if the speed limit on motorways was 100mph?


Now how could a man in my position do that - it would be contradictory to all I stand for :coughbullshit:

As for running in - never have so many maxmuppets been able to tell all their stoopid mates how thy overtook this TRV or whatever it was.... even old dears are getting impatient. Now though I've adopted the Schumaker Formula 1 warm up lap - slow, slow, quick, quicker, quick, slow etc etc.
3000 revs in 5th = steady 85mph....

r55mur

Original Poster:

177 posts

270 months

Thursday 11th September 2003
quotequote all
Tivster said:

3000 revs in 5th = steady 85mph....


Tut tut, I'm shocked............

Enjoy....

Ross

PS: not jealous at all - honest!