refused speeding ticket after being pulled have i been silly

refused speeding ticket after being pulled have i been silly

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fendertele

Original Poster:

160 posts

95 months

Sunday 23rd September 2018
quotequote all
got pulled over by a police car parked in a side street off the main road i was driving down, got taken into back of the car for the talk. once in there they showed me the calibration on top of the gun, i didnt read it properly so cant verify the date as was dark, and was shown 41mph on their speedometer, i was adamant i wasnt speeding to them and one of the officers then tested my speedometer on my car and said it was fine, i replied i knew it was okay and that i meant their gun must be off....

anyways after that i then began to question where they had been sat as it was off the road and well hidden by darkness and they werent visible until passing them by and whether that would be entrapment. they argued they were perfectly visible and after the talk i refused the ticket and they accepted but made me aware they would forward the details to the procurator fiscal.

should i have just taken it or should i just wait and see what is sent out to me? or even call up the station and accept it now.


thanks for any advice.

fendertele

Original Poster:

160 posts

95 months

Sunday 23rd September 2018
quotequote all
tbh i was actually very decent with dispite how i ve came across in my post infact so much so the officer even remarked that normally since im so understanding and polite they would let me off with a warning but as it was 41mph on the gun they were going to issue me with points and fine.

i was questioning things but always decent and also discussed things like work etc..lol

so i was just wondering does the procurator offer the original penalty and fine again when he contacts me or does it now just go straight to court.

also two things i noticed but never questioned.

when i was first taken into the car and spoken too and irefused the ticket, he then said he would check my speedo and wouldnt allow me to drive my car for the rest of the night ( i use my car for work driver )

when e returned to the car and i questioned wher they parked and brought up they were h idden from view eetc...he then changed his mind and allowed me to keep driving for the night.

Edited by fendertele on Sunday 23 September 08:38


Edited by fendertele on Sunday 23 September 08:40

fendertele

Original Poster:

160 posts

95 months

Sunday 23rd September 2018
quotequote all
agtlaw said:
They caused you exceed the speed limit by virtue of their position? Good luck with that.
i never admitted to the speeding and was just adding as a side counter whether they were also parked a bit out of sight.

fendertele

Original Poster:

160 posts

95 months

Sunday 23rd September 2018
quotequote all
sorry if im coming across silly, i had a lawyer one time that worked with the police division and while driving we were discussing the whole speeding fines etc... and he was basically saying always contest it they dont have the budget to take these things to court right now...and also mentioned the whole entrapment thing if the car isnt visible and they are parked off the side etc...

thats why tonight i didnt accept it and brought it up to them to see how they would react... and when they changed their mind from not allowing me to work to allowing it i thought i may have gotten somewhere with it and just wanted advice on it.

fendertele

Original Poster:

160 posts

95 months

Sunday 23rd September 2018
quotequote all
V8LM said:
Out of interest, how?
started my car up and revved it while parked lol i was wondering it too as only the rev counter went up but the speed obv didnt budge... but i just thought its cool crack on mate

fendertele

Original Poster:

160 posts

95 months

Sunday 23rd September 2018
quotequote all
Faz50 said:
Was it the Scot squad who stopped you?

no not at all the first officer ran me through his history of doing the job and how the guns always accurate and never any errors etc...guy was the legit deal.

fendertele

Original Poster:

160 posts

95 months

Sunday 23rd September 2018
quotequote all
anonymous said:
[redacted]
i know i know im just qouting the guy who explained it to me and he used it the example as a form of entrapment.. but cool ill ring the speeding division up tomorrow and change my plea just thought id contest it tonight and see if i had any chance of getting off with it before accepting it

cheers

fendertele

Original Poster:

160 posts

95 months

Sunday 23rd September 2018
quotequote all
Pica-Pica said:
I think ‘entrapment’ is where someone (somehow) entices you to break the law or expose yourself as a law-breaker. As you could not (apparently) see them, but were speeding, how is it entrapment?
i'm not sure what he meant

i guess it would be enticing for someone to speed thinking that they can because no one is around to catch them...but they are..just hidden round the corner out of sight

similar to a shopkeeper leaving his till open and hiding under his counter, enticing the customer as he thinks there is no one around and so takes the money only to be confronted by the shop keeper as he he grabs it. if the shopkeep was in view they wouldnt do it.

i mean to be prosecuted with speed cameras there needs to be signs in clear view upon approaching ?

fendertele

Original Poster:

160 posts

95 months

Tuesday 25th September 2018
quotequote all
lol i know i wasnt sure how he was going about it... all he did was rev the engine and watch the rev counter go up and then said yeah nothing wrong with the speedo, if i had been quick on my feet i would have questioned his methods but it wasnt for a few moments after they left that i thought wtf kind of trickery was that !

anyways good advice guys ill just hope and pray the proc doesnt hit me up... i had thought of asking for calibration proof and of proof it had been tuned on that day specifically with a tuning fork but maybe i've already pushed my luck enough...

another hope is the fpn arrives 14 days after they pulled me over... but then im not sure if that works in the same way as being caught by a stationary speed camera on a post does... is it 14 days from the time i got pulled over or 14 days from the time the proc recieves the officers information.

fendertele

Original Poster:

160 posts

95 months

Tuesday 25th September 2018
quotequote all
Psycho Warren said:
whats all this bks about not being allowed to drive the rest of the evening? he'd have to seize your car or arrest you to enforce that. lol.
I think it was to get me to accept the ticket, he never mentioned it until i said i wasnt taking the ticket off him at that point, he was hitting me with needing to inspect the car.... you will not be driving for the rest of your shift... i may get in contact with your employer... a whole load of things that weren't brought up until i declined the ticket and refused to plead guilty to the speed.

However as i wasn't giving him attitude i guessed he softened... or maybe when i started asking questions about them not being visible making myself look a bit more knowledgable than the average person they pull, he changed his mind and no longer wanted to keep me off the road, contact my employer etc... who knows i did end up working the rest of the night.. need the money for the impending fine lol

fendertele

Original Poster:

160 posts

95 months

Tuesday 25th September 2018
quotequote all
how will i recieve it ?

When i was caught by a speed camera years ago it came in through the post asking for it to be taken to nearest sheriffs court to be paid in full and points put on license.

fendertele

Original Poster:

160 posts

95 months

Tuesday 25th September 2018
quotequote all
what i meant is instead of just blindly accepting it, i was questioning things.. whether or not they are actually helpful, he may have noticed i was looking to exhaust all possibilities to not accept it and possibly telling me i couldnt work the rest of the night or was going to contact my work etc.. was something he shouldn't have said or wasn't within his rights too.

And again i was just asking them about it not stating it was the law as i had been fed this information from someone that works alongside the police who had seen it used in defense, along with most of these not being taken to court due to lack of funding in scotland.. So i was just questioning them on it in the hope it might have rang some truth with them.

Edited by fendertele on Tuesday 25th September 21:51

fendertele

Original Poster:

160 posts

95 months

Wednesday 26th September 2018
quotequote all
V8LM said:
cause when he did the test i was standing watching him, i was leaning in the passenger drivers door while he was sat in the drivers seat checking it, when i said it wasnt the speedo i was doing so to question his laser gun as his test however he came to the conclusion proved to him the speedo was good even though i had my doubts.

Despite all the questions and chatter we were all on good terms, he asked me to accompany him to test the speedo.