Evading Conviction through loopholes

[FordFocusRS]

Thinking of going to court re:" Another's Inconsiderate driving=Fixed Penalty".

I belive the "truth" may not help myself - so cunning appears to be called for.

(1) If the incorrect time is quoted on the fixed penalty - even though I signed it at the time - could this be as a possible "get-out" i.e. incorrect information?

(2) The "Calibrated" speedo of the trafcops. When should the speedo be calibrated by law - before or after their shift - or both ?

(3) Can I turn up ,"on spec", at the station and demand the relevant calibration certificate on the spot ? i.e to avoid future "fabrication" of the certificate when going to the court - after all the police are "only human" like the rest of us - as we are often told.

(4) Does the refusal by the two officiers to have my passenger at the time of the "offence" present in the police car during my caution etc contravene my basic rights - and allow grounds for the Magistrate to throw the case out?

(5) The speed quoted as "40-70" mph, being so wide, an accurate measure. This was the range of speed operated in by the Traffic police to "catch up" - not my actual speed.

(6) Having named BOTH officiers on my witness statement - are both officiers required to be present on the day to give evidence. If only ONE is available - does this cause the case to be null and void?

(7) Could the offer to attend a "Speed Awareness" course be a option that could be successfully offered up to the Magistrate in this instance instead - in view of my unblemished record - rather than the obligatory 3-6 points? Surely this would be more beneficial as driver education is a more pragmatic approach than a hefty wrap on the knuckles.

Apologies to any any Traffic Police who feel offended by some of these ideas - but this merely reflects the strengt of my feelings.

[andygo]

If you have a Focus RS then you must be guilty of inconsiderate driving.

You have blatantly purchased a high performance, ostentatious, bespoilered, big wheeled, big braked, limited slip diffed road racer.

By implication therefore, you patently are not bothered too much about other drivers less able, cheaper poverty cars.

How inconsiderate is that. You are clearly ignoring the politically correct mode which dictates you should drive a blandmoblle.

Bollocks init?

[outlaw]

FordFocusRS said:

Thinking of going to court re:" Another's Inconsiderate driving=Fixed Penalty". I belive the "truth" may not help myself - so cunning appears to be called for. YEP YOUR RIGHT IT DONT HELP THEY LIE SO YOU MAY AS WELL DO THE SAME. (1) If the incorrect time is quoted on the fixed penalty - even though I signed it at the time - could this be as a possible "get-out" i.e. incorrect information? nO THERE JUST CHAGE IT LATTER. (2) The "Calibrated" speedo of the trafcops. When should the speedo be calibrated by law - before or after their shift - or both ? NO YOU CAN GET IT NOW .iF YOU TELL TO SHOVE THE FIXER WHERE THE SUN DONT SHINE. AND GO TO COURT YOU HAVE A LEGAL RIGHT TO IT THEN. (3) Can I turn up ,"on spec", at the station and demand the relevant calibration certificate on the spot ? i.e to avoid future "fabrication" of the certificate when going to the court - after all the police are "only human" like the rest of us - as we are often told. NO YOU CAN ONLY GET IT IF YOU CHARGE AS PART OF THE ADVANCED DISCLOSURE FROM THE CPS (4) Does the refusal by the two officiers to have my passenger at the time of the "offence" present in the police car during my caution etc contravene my basic rights - and allow grounds for the Magistrate to throw the case out? YES THEY HAD NO RIGHT TO TELL YOU YOU CAN HAVE A WICNESS, THEY DO THIS ALL THE TIME. THE MAGISTRAIT WON TROW THE CASE OUT BECAUSE OF IT. YOU COULD MACKE A FORMAL COMPLAINT BUT THERE JUST LIE THERE WAY OUT OF IT AS USHALL. BUT IT WILL GIVE THE TOSSERS SOME WORK TO DO. (5) The speed quoted as "40-70" mph, being so wide, an accurate measure. This was the range of speed operated in by the Traffic police to "catch up" - not my actual speed. NORMAL CRAP THEY COME OUT WITH. (6) Having named BOTH officiers on my witness statement - are both officiers required to be present on the day to give evidence. If only ONE is available - does this cause the case to be null and void? NO BUT THEY CANT USE ANY EVIDENCE FROM THE ONE THAT DONT TURN UP. (7) Could the offer to attend a "Speed Awareness" course be a option that could be successfully offered up to the Magistrate in this instance instead - in view of my unblemished record - rather than the obligatory 3-6 points? Surely this would be more beneficial as driver education is a more pragmatic approach than a hefty wrap on the knuckles. DOUIT IT THERE AFTER YOU MONEY M8. Apologies to any any Traffic Police who feel offended by some of these ideas - but this merely reflects the strengt of my feelings.

[bobthebench]

FordFocusRS said:

Thinking of going to court re:" Another's Inconsiderate driving=Fixed Penalty". I belive the "truth" may not help myself - so cunning appears to be called for. Its called playing the game ! (1) If the incorrect time is quoted on the fixed penalty - even though I signed it at the time - could this be as a possible "get-out" i.e. incorrect information? If you accept a fixed penalty (conditional offer of fixed penalty) what's the problem. Its a done deal. Short of and arguing you didn’t know what you were doing i.e. insanity, you’ve accepted the offer. Bear in mind this is a double edged sword, you convince the judge your insane, and he waives the fixed penalty, but takes away your licence on the basis if a signature confuses, what hope traffic ! (2) The "Calibrated" speedo of the trafcops. When should the speedo be calibrated by law - before or after their shift - or both ? Should be in accordance with manufacturer guidance. Usually start and end of each shift but not necessarily fatal if a lot less often from time to time, provided still in range. (3) Can I turn up ,"on spec", at the station and demand the relevant calibration certificate on the spot ? i.e to avoid future "fabrication" of the certificate when going to the court - after all the police are "only human" like the rest of us - as we are often told. No (4) Does the refusal by the two officiers to have my passenger at the time of the "offence" present in the police car during my caution etc contravene my basic rights - and allow grounds for the Magistrate to throw the case out? Might, though probably not enough to discredit it. (5) The speed quoted as "40-70" mph, being so wide, an accurate measure. This was the range of speed operated in by the Traffic police to "catch up" - not my actual speed. Presumably the charge is you travelled in excess of XXmph, their evidence is they travelled at these speeds. This is challengeable. I’ve done so myself recently to dissuade a wooden top from even thinking about charging me. Need to consider the facts. In my case plod in Pug diesel followed me in my T5 from a standing start at a roundabout. Clearly I reached the permitted 70 a sight quicker than he. When he caught up we were treated to blues and twos some 2 mile down the road. My explanation was that I would hit 70 some 10 seconds quicker than he, so while I maintain that speed, he is still at around 30-50, so losing ground. By the time he reaches 70, I have built a considerable gap between us. He must then exceed my speed to reduce that gap. The more he exceeds it, the quicker he catches me, but my speed remains static at 70. His argument was he travelled at 80 therefore I must have. Led to the farcical situation of me challenging plods speedo explaining he must have gone even faster to catch me in the actual distance. Nonetheless the benefit of driving an ex-plod myself is my speedo is calibrated, his beat car isn’t. Certainly worth your while looking into. (6) Having named BOTH officiers on my witness statement - are both officiers required to be present on the day to give evidence. If only ONE is available - does this cause the case to be null and void? In E&W one is sufficient, if Scotland, you need to challenge credibility and reliability of speed measuring device in advance. (7) Could the offer to attend a "Speed Awareness" course be a option that could be successfully offered up to the Magistrate in this instance instead - in view of my unblemished record - rather than the obligatory 3-6 points? Surely this would be more beneficial as driver education is a more pragmatic approach than a hefty wrap on the knuckles. He could, but usually only if you take your punishment without quietly. Challenge any aspect of the case and he won’t even consider it. Apologies to any any Traffic Police who feel offended by some of these ideas - but this merely reflects the strengt of my feelings.