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My biggest mistake this evening was stopping :(--UPDATED

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yuri2085
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PostPosted: 23:24 - 03 Sep 2009    Post subject: My biggest mistake this evening was stopping :(--UPDATED Reply with quote

Oh dear reported for dangerous driving.
Supposedly they followed me for a mile and i did some dangerous overtake and whatnot.
He got pissed off when he goes 'we saw you going at least 70' and i said 'thats not possible' and then he goes 'ok enough of that I am arresting you blahblah'

He kept saying he had it on video but at the end the other guy goes 'shall we show him this' and he says 'theres nothing on it anyway' so i was like hmm.

I was careful not to confess the worst i said was 'i was going a little too fast', I said the driver I overtook looked drunk so i wanted to be ahead of him'

We will see what happens I guess I didnt notice them parked up ffs so lame... I hate myself for that I am normally pro a spotting police and cameras and drive really slowly if a car comes near me..

Thing is i was going to fast they didnt catch up until i was on the dual carriageway just chilling and moved over to let them pass :s


edit: wondering if i shoulda confessed at the start and said sorry i am so dangerous please forgive me..because he gave some spiel about I am a moorcyclist too and you are just going to become another statistic blag blah.
And me saying it was not possible I was doing 70 really switched something and he started the arrest spiel from just asking me what was going on :s.



UPDATE IS A RECENT POST


Last edited by yuri2085 on 22:15 - 25 Jan 2010; edited 1 time in total
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Polarbear
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PostPosted: 00:01 - 04 Sep 2009    Post subject: Reply with quote

Were you actually doing something that could be construed as dangerous driving. The reason I ask is that in my limited knowledge the cops will use the 'driving without due care and attention' unless they can be sure a dangerous will stick.

Have you got paperwork from them saying you are going to be charged with dangerous?
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stinkwheel
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PostPosted: 00:09 - 04 Sep 2009    Post subject: Reply with quote

As said, be sure. Dangerous Driving is a criminal offence, driving without due care and attention is a civil offence.

Dangerous Driving is serious business and you need to take professional legal advice if you are being prosecuted for it.

In any case, I'd strongly advise you to write yourself a little report of everything that happened tonight while it is fresh in your memory. Important details can be forgotten by the time these things get to court. A good example being " 'shall we show him this' and he says 'theres nothing on it anyway'.".

In all honesty, it sounds like they were just trying to give you a fright but it does no harm to be sure.

Did they say "We are reporting you for consideration for prosecution for the following offences..."?
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yuri2085
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PostPosted: 00:33 - 04 Sep 2009    Post subject: Reply with quote

He did say he was reporting me, but I am thinking they were just trying to scare me as it didn't seem like they actually had anything or they would have showed me, and I didn't confess.
I do wonder if i would have just got a warning If i said that everything I did was wrong etc but this way it could not even make it to court one hopes.

I am pretty worried about it I am kinda hoping it will just go away; he didn't give me any documents or anything and he seemed pretty miffed when i just sat there in silence at the end and while he was telling me what would happen and then i just said 'yes' for understanding.

He said he would collect the video evidence and write a report and I would be reported for 'exceeding the speed limit' and 'dangerous driving' and would be asked to appear in court to explain the charges.

Maybe there is no evidence but he wants it to go to court anyway for in his own words to prevent me from 'becoming just another statistic.'
Even though I still feel I posed no danger to myself or others I think he is focusing on the overtake, as it was before a corner (but on a 1 way section) and the overtake was well before the corner.

I am thinking dangerous wont stick but dont really want to go to court either :s

Thing is i had no idea what to say when he asked me why i overtook the car, maybe i shoulda just remained silent. Only time will tell I guess.


edit: I believe if there is footage it would be shown to not be 'dangerous driving'. It sucks to just be in limbo- maybe it will go away,I have written a small essay in notepad lol thanks Smile
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yuri2085
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PostPosted: 01:07 - 04 Sep 2009    Post subject: Reply with quote

No i didnt sign anything, but he was asking me stuff and taking lots of notes, yer I guess all I can do is just wait.

Dont really want to go to court :s
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yuri2085
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PostPosted: 02:06 - 04 Sep 2009    Post subject: Reply with quote

I'm a bit worried that I talked to much I should perhaps have exercised my right to remain silent :s

But I think they have the overtake on video i just hope me 'explaining' it wont be seen as admission of guilt.
At the time I said 'was going a little too fast' at one part I was thinking dont be a dick and you might get let off, now I am worried that was a really bad idea.

Anyway thanks for the advice will just have to wait then.

edit: I should have said i dont understand, wait for a copy of PACE to be deliverred, read it really slowly and then hope they get an emergency call ^^
ALthough I did want to get home :S
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iooi
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PostPosted: 05:49 - 04 Sep 2009    Post subject: Reply with quote

TBH. If they had video of you and had been following you, they should have got your plate.
Not stopping would have made it even worse. All they would have done is turned up at your address and taken it from there.

Just including failing to stop... And a nice vid of you evading them....
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Barry_M2
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PostPosted: 08:58 - 04 Sep 2009    Post subject: Reply with quote

yuri2085 wrote:
No i didnt sign anything, but he was asking me stuff and taking lots of notes, yer I guess all I can do is just wait.

Dont really want to go to court :s


If he writes down anything you say, you have to initial it as proof that you said it. Otherwise just deny you said any of it.

When you overtook the car you mention, did you have to cross a solid white line to do so? Or was it in a dangerous place?
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stinkwheel
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PostPosted: 09:07 - 04 Sep 2009    Post subject: Reply with quote

On the plus side, Dangerous Driving has to be proved "beyond reasonable doubt". Due care and attention just needs to be "balance of probability".

It's MUCH harder to prove Dangerous Driving.

All of that said, if you do get a summons for DD, you really do need to get a solicitor.

It does sound like they set the wheels in motion to do you. I suspect a lot will depend on what is on the video (if anything) although they have the oppinion of two police officers too so video is not strictly necessary.

One other good thing is they are reporting you for speeding but don't appear to have actually measured your speed. If this is the case, a solicitor could make a lot of it.
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Mister James
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PostPosted: 09:18 - 04 Sep 2009    Post subject: Reply with quote

Barry_MC21 wrote:

If he writes down anything you say, you have to initial it as proof that you said it. Otherwise just deny you said any of it.


Which would be perverting the course of justice. Unless the OP is a practised liar with a perfect poker face he'll soon be shown up on the stand, and the rest of his defence will be thrown into doubt.

If he didn't sign the notes at scene the officer will just get the other officer to countersign it, and will in any case timestamp it when he gets back to the nick so that he can't be accused of writing it at a later date.
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Barry_M2
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PostPosted: 09:38 - 04 Sep 2009    Post subject: Reply with quote

Mister James wrote:
If he didn't sign the notes at scene the officer will just get the other officer to countersign it, and will in any case timestamp it when he gets back to the nick so that he can't be accused of writing it at a later date.


Aaaaaaaa, I didn't know that. Thumbs Up
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yuri2085
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PostPosted: 10:37 - 04 Sep 2009    Post subject: Reply with quote

https://i638.photobucket.com/albums/uu110/yuri2085/corner.jpg

Seriously was not dangerous and I went wide on the overtake in case the other driver moved I would have been able to move easily.

Put it latest possible it could have finished, I think it was earlier than that, only overtook the second car; the other one was tailgating me rather.


edit: something I forgot to mention here but which I did include on the notes i wrote down.

Second officer was busy and not listening to me while first officer was taking notes; I did not see what was written down.

-- This means a seconds officers varification means nothing, if they try and used his countersigned statement it will mean nothing; he was in the car most of the time checking out other stuff, and once didn't realise I was being asked questions and tried to interrupt me.
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Hetzer
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PostPosted: 12:47 - 04 Sep 2009    Post subject: Reply with quote

Mister James wrote:
Barry_MC21 wrote:

If he writes down anything you say, you have to initial it as proof that you said it. Otherwise just deny you said any of it.


Which would be perverting the course of justice. Unless the OP is a practised liar with a perfect poker face he'll soon be shown up on the stand, and the rest of his defence will be thrown into doubt.

If he didn't sign the notes at scene the officer will just get the other officer to countersign it, and will in any case timestamp it when he gets back to the nick so that he can't be accused of writing it at a later date.


That's bollocks, and it's why they have to have recorders in interviews now, to prevent what used to be known as 'verballing' a suspect (saying he said stuff he never actually said).

In a court an un-signed purported statement is worth shit to the prosecution.
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Vin
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PostPosted: 22:54 - 04 Sep 2009    Post subject: Reply with quote

Hetzer wrote:
In a court an un-signed purported statement is worth shit to the prosecution.

Unless Jamsey is on the jury Laughing
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Mister James
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PostPosted: 00:58 - 05 Sep 2009    Post subject: Reply with quote

Hetzer wrote:

That's bollocks.............................
In a court an un-signed purported statement is worth shit to the prosecution.


Sadly, you're wrong.

Certainly not as useful as one signed by the defendant, but they still have evidential value - otherwise there'd be no point in officers writing notes, ever!

The difference is that if the defence want to argue the toss they've got more ammo to do so with. In the same way even a signed statement can be up for debate if the defence can come up with a credible reason.

Significant statements will usually be put to a suspect in a taped interview, giving them a chance to explain/retract/confirm them. Even if the suspect goes no-comment or denies all knowledge, the prosecution can and do use them in court.
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Im-a-Ridah
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PostPosted: 01:46 - 05 Sep 2009    Post subject: Reply with quote

As I understand it, even if you don't sign the notes, they can still be used by the officer to recall the events, it would unreasonable for an officer to have to memorise the events of every single day and recall them months later! If you sign his notes then it's effectively a written statement by him on your behalf.
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Dom_
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PostPosted: 02:46 - 05 Sep 2009    Post subject: Reply with quote

I was reported for dangerous driving, if they took it seriously you should have been arrested, questioned and interviewed at the station.

Fortunately for me the the pair of half wits that reported me had 2 conflicting stories, neither added up and the charges were dropped after 6 months and 5 court appearances to careless driving. The biggest fucking waste of taxpayers money ever.

The best bit was that one 'proffessional' police motorcyclists smashed his sump to pieces whilst trying to catch me, they failed to mention that in court though, whilst moaning about me being the dangerous one. (I wasn't on the wrong side of the road causing traffic to weave with oil under my tyres)

My advice, get legal advice, write everything down whilst you still remember it and wait for them to fuck up. Most police are thick dropouts anyway, you only need to follow them for 10 minutes before one thick fucker trips up over his own bullshit.
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Hetzer
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PostPosted: 09:54 - 05 Sep 2009    Post subject: Reply with quote

Mister James wrote:
Hetzer wrote:

That's bollocks.............................
In a court an un-signed purported statement is worth shit to the prosecution.


Sadly, you're wrong.

Certainly not as useful as one signed by the defendant, but they still have evidential value - otherwise there'd be no point in officers writing notes, ever!

The difference is that if the defence want to argue the toss they've got more ammo to do so with. In the same way even a signed statement can be up for debate if the defence can come up with a credible reason.

Significant statements will usually be put to a suspect in a taped interview, giving them a chance to explain/retract/confirm them. Even if the suspect goes no-comment or denies all knowledge, the prosecution can and do use them in court.


"Evidential value"...until a good defence brief gets stuck into it. I should think I know a wee bit more about it than you James, having dealt with such situations directly and personally myself on more than one occasion. You didn't sign it, you didn't say it, simples. You don't have to say a pig is lying, only that he's mis-remembered and written it wrong. Suggestion, to a jury, can be pure gold. And trust me, the days when a pig's word was taken as gospel are a far distant memory. The public (jury) pretty much regard any pig in the dock with a very large degree of cynical mistrust...they've learned, finally.
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tykey
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PostPosted: 19:11 - 05 Sep 2009    Post subject: Reply with quote

^ i disagree. if a copper has cautioned you he/she can and WILL use anything you say against you in court... this doesn't need a signature to be admissable lol.... that's what the caution states Rolling Eyes

i've indirectly been involved in cases in court i.e. witness, friends getting done, where such evidence has been used. how effective it was i.e. did it make a difference? who knows.... you obviously couldnt base a whole prosecution around it. however whatever you said *under caution* and by the sound of it heard by another copper WILL be evidence with some value to the prosection should it come to court.

all in my opinion of course, but as said have seen such evidence used.

edited to add: all the above assumes it will go to a crown court, if it's demoted to a lesser charge of careless driving it'll be heard in a magistrates (even if you plead not guilty - no option of a jury for such lesser charges). and trust me 99% of magistrates will believe a copper over joe public. that bit i know Rolling Eyes
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Hetzer
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PostPosted: 21:09 - 05 Sep 2009    Post subject: Reply with quote

tykey wrote:
^ i disagree. if a copper has cautioned you he/she can and WILL use anything you say against you in court... this doesn't need a signature to be admissable lol.... that's what the caution states Rolling Eyes

i've indirectly been involved in cases in court i.e. witness, friends getting done, where such evidence has been used. how effective it was i.e. did it make a difference? who knows.... you obviously couldnt base a whole prosecution around it. however whatever you said *under caution* and by the sound of it heard by another copper WILL be evidence with some value to the prosection should it come to court.

all in my opinion of course, but as said have seen such evidence used.

edited to add: all the above assumes it will go to a crown court, if it's demoted to a lesser charge of careless driving it'll be heard in a magistrates (even if you plead not guilty - no option of a jury for such lesser charges). and trust me 99% of magistrates will believe a copper over joe public. that bit i know Rolling Eyes


I've also heard the defence that basically goes along the lines of "Having heard the defendant speak, do you really think he would have said that? I'll leave it to the jury to decide." Followed by a "Not guilty".

Here's a trick to remember...talk to the pigs like a thick thug, then talk in court like an educated gentleman. Then watch the jury trying to corellate the pig's notes with the way they hear you talking. Oh yeah, that one's a real doozy. Laughing
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tykey
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PostPosted: 21:16 - 05 Sep 2009    Post subject: Reply with quote

Hetzer wrote:

Here's a trick to remember...talk to the pigs like a thick thug, then talk in court like an educated gentleman. Then watch the jury trying to corellate the pig's notes with the way they hear you talking. Oh yeah, that one's a real doozy. Laughing


good tip... as long as you dont incriminate yourself of course.

another (even better imo) tip, dont say feck all. some people seem to have a hard time doing this. the only thing you're obliged by law to tell a copper is your name, address and DOB. nothing else. it's your right.

although im pretty sure remaining silent can sorta be slightly used against you.... i remember at 1 time you could remain silent and then say whatever in court and nothing could be inferred from this. but i seem to recall some law change whereby remaining silent then later saying whatever... that something can be inferred from this? might be wrong.... hope so.
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Hetzer
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PostPosted: 23:10 - 05 Sep 2009    Post subject: Reply with quote

tykey wrote:
Hetzer wrote:

Here's a trick to remember...talk to the pigs like a thick thug, then talk in court like an educated gentleman. Then watch the jury trying to corellate the pig's notes with the way they hear you talking. Oh yeah, that one's a real doozy. Laughing


good tip... as long as you dont incriminate yourself of course.

another (even better imo) tip, dont say feck all. some people seem to have a hard time doing this. the only thing you're obliged by law to tell a copper is your name, address and DOB. nothing else. it's your right.

although im pretty sure remaining silent can sorta be slightly used against you.... i remember at 1 time you could remain silent and then say whatever in court and nothing could be inferred from this. but i seem to recall some law change whereby remaining silent then later saying whatever... that something can be inferred from this? might be wrong.... hope so.


If you insist on your right to remain silent, and then later use something as an alibi in court, it can be held against you.
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The Disapproving Brit
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PostPosted: 14:29 - 06 Sep 2009    Post subject: Reply with quote

Depends on the situation really. If you're nicked for shoplifting, stay quiet, then turn up at court with your missus confirming you were on holiday with her at the time, the prosecution are gonna want to know why you didn't mention this at the time.

If you've been nicked for dangerous driving, there's not really much they can infer from silence unless you try some creative defence like you were trying to get to hospital to see your dead aunt.
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