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| Bike_craze1 |
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 Bike_craze1 Trackday Trickster

Joined: 23 Sep 2008 Karma :     
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 Posted: 10:22 - 01 Mar 2012 Post subject: Proper f**k up.. :/ :/ Update.. |
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So basically I took the CBR for a ride last night, I got followed for about 2 miles, it wasn't until the final stretch the police caught up and said they clocked me from about 500 metres away at 110,
they weren't loosing or catching up, basically is there anything anyone can say about this? tips?
proper fucked up :/ gonna loose my car lisence and job now please no silly comments, I know I've been a f**king idiot. ____________________ Yamaha R125 - Cagiva Mito 125 - Honda CBR 600
CBT passed: 22/07/08 Bike Theory passed: 28/03/09
Bike Test passed: 15/04/09
Last edited by Bike_craze1 on 13:50 - 05 Mar 2012; edited 1 time in total |
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| GF-91 |
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 GF-91 Brolly Dolly
Joined: 14 Apr 2011 Karma :     
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| Bike_craze1 |
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 Bike_craze1 Trackday Trickster

Joined: 23 Sep 2008 Karma :     
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| LeNoir |
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 LeNoir Two Stroke Sniffer
Joined: 16 Jan 2012 Karma :    
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 Posted: 10:41 - 01 Mar 2012 Post subject: |
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Did you admit anything? Did they ask you 'why do you think we stopped you?' and did you answer 'I was speeding officer' and sign your own death warrant?
Did they give you any papaerwork, check and re-check the details. I got off before because they wrote the date and my DOB in the wrong boxes.
Get a good solicitor, dont scrimp here as this can save your job and livelihood. The solicitor will obtain what evidence is against you and form a defence, it may come down to different estimates or road condition recordings in the police statement.
Was it light or dark and what kind of area where you in? Did you try to make progress away from a car that had been following you in an intimidating manor?
Prepare for the worse, where you allegedly doing 110 in a 70 or a 30 zone? If its a 30, expect a custodial. If its a 70 a good solicitor might get you only a 30 day ban or less if you risk loosing your job etc.
There is a good website called https://forums.pepipoo.com/index.php? that you will be able to get legal advice from, dont delay get on there now and seek help.
Best of luck. |
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| GF-91 |
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 GF-91 Brolly Dolly
Joined: 14 Apr 2011 Karma :     
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| Alpha-9 |
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 Alpha-9 Super Spammer

Joined: 19 Jan 2012 Karma :  
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 Posted: 11:20 - 01 Mar 2012 Post subject: |
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Son I am disappoint  ____________________ Fzr-600 1999 |
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| Bike_craze1 |
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 Bike_craze1 Trackday Trickster

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| dan_flash |
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 dan_flash Spanner Monkey

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| pinkyfloyd |
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 pinkyfloyd Super Spammer

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 G The Voice of Reason
Joined: 02 Feb 2002 Karma :     
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| ..... |
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 ..... Quote Me Happy
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| Bike_craze1 |
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 Bike_craze1 Trackday Trickster

Joined: 23 Sep 2008 Karma :     
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 Posted: 11:31 - 01 Mar 2012 Post subject: |
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Appreciate the chat boys, basically they didn't say about evidence, they gave me paperwork and I didn't admitt anything, they said we are reporting you to court for this..
They were on about an interview and then decided to not bother?
Truly gutted, what an idiot, It was 110 in a 60, so they say, just wondering about the evidence side of things.. at 12 midnight last night, no one on the road, they were saying they clocked me, but they were proper far behind! hmm :/ ____________________ Yamaha R125 - Cagiva Mito 125 - Honda CBR 600
CBT passed: 22/07/08 Bike Theory passed: 28/03/09
Bike Test passed: 15/04/09 |
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| Kris |
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 Kris World Chat Champion

Joined: 03 Feb 2002 Karma :   
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 Posted: 11:45 - 01 Mar 2012 Post subject: |
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If you get anything through the post then seek proper legal advice.
Otherwise - unfortunately just a waiting game. ____________________ NSR125RR - ZXR750H1 - ZX9R E1 - GSF600S - GSF600SK3 - VFR400-NC30 - SV1000N - ST1100-R - CBR900RR-R - GSF1200SK5 - GSF600SK1 - VFR1200FA - GSXR1000K2 - ZZR1400 D8F
www.prisonplanet.com |
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| Frost |
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 Frost World Chat Champion

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 G The Voice of Reason
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| angryjonny |
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 angryjonny World Chat Champion

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| CaNsA |
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 CaNsA Super Spammer

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| Musketeer |
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 Musketeer World Chat Champion

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| Pol Anorl |
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 Pol Anorl Banned

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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 15:04 - 01 Mar 2012 Post subject: |
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| Bike_craze1 wrote: | basically they didn't say about evidence, they gave me paperwork and I didn't admitt anything |
Well, don't sweat it until you get a summons or an offer for a Speed Tax Course - which you should jump at, even if it puts money in the pocket of whichever of the Chief Constable's "brothers in law" are running the course.
But write down everything that happened to the best of your recollection in case you have to engage a solicitor later, and for your own benefit, knock off the "basically". If it comes down to a "they say, you say" then you will need to be a compelling witness in your own defence. Firm yes or no, precise locations and observations, exact statement of who said what and when.
To prepare for what the solicitor will ask, do you recall exactly what they asked you when you were stopped? Do you recall your exact answers? None of it was chat, the questions that you are asked from the moment they get out of the Plodmobile are calculated to get you to convict yourself.
For example, did they ask you:
Do you know why I've stopped you?
Do you know what the speed limit is here?
Do you know what speed you were doing?
And what did you answer?
Crib notes, the correct answers are "No", "Yes" and "Yes", although "No comment", speaking in Klingon, or simply making no reply would also be accepted. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 15:21 - 01 Mar 2012 Post subject: |
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The fact that they harped on about them doing 110mph and not catching up suggests to me that they didn't have vascar or any direct speed measuring equipment.
In my experience (having been stopped by vascar equipped vehicles twice now) they tell you EXACTLY how fast you were going to one decimal place. I've been done for 98.6 in a 70 and reported for doing 95.4 in a 60 (nothing came of that one).
They MAY have had a calibrated speedo although I'm not sure that following you for 500metres is far enough.
Was it a proper traffic car and not just the local panda car (So like the big volvo estate)? Were they traffic cops (whitecaps).
A traffic car is more likely to have been carrying a speed measuring device or to have a calibrated speedo. A panda car probably doesn't. It MAY be that they are on a fishing expedition and that any case would collapse if heard in court.
One thing that strikes me as very unusual. At 50mph over the limit you do NOT get offered a speed awareness course, nor do you get a fixed penalty notice. You get reported to the CPS, they have a sense of humour failure then you get a big heavy book thrown at you by the court. Sometimes even a dangerous driving conviction. Suggests to me that they either don't know what they are talking about or intend to send you a fixed penalty in the hope that you send them some money back.
For now, as has been said, write down all the details and wait. They have six months to do something about it because they verbally served you with notice of intent to prosecute at the time. Live in fear of the postie.
EDIT: If something does come, and you land up in court it might be possible to argue for a "Newton hearing" in that you admit you were speeding but dispute how fast you were going, because you were obviously only doing 80mph right?. All would depend on what they did or did not use to measure your speed.
If they have you at 110mph, you're either going to court or you'll hear nothing more. Professional and experienced legal advice is a must in that case, you could potentially even be jailed for doing in excess of 50mph over the limit if they decided to make an example of you. ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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| T.C |
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 T.C World Chat Champion

Joined: 05 Nov 2003 Karma :   
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 Posted: 16:59 - 01 Mar 2012 Post subject: |
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I cannot believe the crap some of you people come out with
Firstly, if it was a traffic car, then there does not need to be two coppers, one is sufficient, as he is regarded as an expert and his evidence can be corroborated by nothing more than a certified speedometer which is standard on all traffic vehicles and is checked every week for its accuracy, either against another certified device or over the measured mile at 30 and 60 mph.
These certification checks are recorded and are included as part f the evidence if the check was done against the speedo.
If it was a following check, then it is done over a minimum distance of 3/10 of a mile on normal roads and 1 mile on a Motorway or dual carriageway, but the following distance is at the dicretion of the crew, the offending vehicle simply has to remain in view of the driver and/or observer throughout the check.
If it was VASCAR then it is time over distance between two fixed points, and again the fixed points used will form part of the evidence.
If it was a following check, then it is unlikely that any other approved device would have been used.
However, a traffic cop can report for the offence of speed reckeless where it is not a requirement to record any speed, the copper can give expert evidence of opinion (one of the few offences where opinion can be used as evicence) and state that in his view the speed was reckeless or dangerous for the conditions, but the fact that a speed was mentioned, then it appears that it was a speedo check as VASCAR works on an average speed not absolute speed.
Even a local Panda car can report for excess speed, but becaiuse GP vehicles do not have certified speedo's, the speedometer of the vehicle has to be checked against a certified device as soon as possible and if found inaccurate, then no prosecution can take place.
At 110, that is an automatic prosecution and not a speed awarenes course, and in most areas anything over 100 is an automatic ban unless extreme hardship can be proved, and depending on the court area, loss of job is very rarely found to be sufficient reason.
A solicitor may be able to find a discrepancy in the evidence, but most traffic coppers have been there, seen it and done it (unless they are new and being tutored still), and so proceduraly it is unlikely to carry much weight with the court, but some mitigation can assist in reducing the penalty. ____________________ It is better to arrive 30 seconds late in this world, than 30 years early in the next |
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| shorty |
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 shorty Scooby Slapper

Joined: 23 Jul 2004 Karma :     
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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 17:48 - 01 Mar 2012 Post subject: |
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| shorty wrote: | My experience is very similar to Stinkwheels;
[Traffic] Copper stopped me, got out of car, walked round bike inspecting it all the while saying nothing and then asked me the questions that Rogerborg has outlined.
He then told me to sit in the back of the plodmobile where he showed me the instrument he used to calculate my speed (and told me when and how it was calibrated with proof) cautioned me and told me to expect a court summons. He also told me to expect a ban in the region of 2-4 weeks.
If you were not shown evidence of the speed you were doing and were offered a speed awareness course I can't see how it can go to court. AFAIK you would either be given the fixed penalty offer (3 points) or *told* you would be going to court, which I believe they need to caution you for.
Whatever happens they have 6 months to take you to court if they are going to.
What paperwork did you get from them - it should be pretty clear what (if anything) you have been charged with.
Shorty
p.s. I reserve the right to admit everything I have said is bollocks when someone who knows more (T.C. et al.) come on here to pint it out! |
You don't necessarily get any paperwork at all.
Both times I was stopped, I got a verbal NIP and nothing more than a hort1 (producer) in terms of paperwork.
The fact that they even mentioned a speed awareness course suggests to me that either 1) They don't know what they are doing or 2) They know they can't prove it. I don't think a traffic copper would have mentioned a speed awareness course if they stopped you doing 50 over the limit.
They may have mentioned Valentino Rossi (do you think you are?), parachute (I'm looking for the) and playing at (What the fuck do you think you are). I'm pretty sure they must have a special class at traffic policeman school where they learn all these.
EDIT: Incidentally, WHERE this happened is important. In Scotland, there need to be two coppers in the car to do you for speeding. ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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| T.C |
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 T.C World Chat Champion

Joined: 05 Nov 2003 Karma :   
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 Posted: 17:51 - 01 Mar 2012 Post subject: |
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| shorty wrote: | My experience is very similar to Stinkwheels;
[Traffic] Copper stopped me, got out of car, walked round bike inspecting it all the while saying nothing and then asked me the questions that Rogerborg has outlined.
He then told me to sit in the back of the plodmobile where he showed me the instrument he used to calculate my speed (and told me when and how it was calibrated with proof) cautioned me and told me to expect a court summons. He also told me to expect a ban in the region of 2-4 weeks.
If you were not shown evidence of the speed you were doing and were offered a speed awareness course I can't see how it can go to court. AFAIK you would either be given the fixed penalty offer (3 points) or *told* you would be going to court, which I believe they need to caution you for.
Whatever happens they have 6 months to take you to court if they are going to.
What paperwork did you get from them - it should be pretty clear what (if anything) you have been charged with.
! |
Firstly, if the speed was checked against the speedo, there is no requirement to show the evidence of the speed recorded and there would be no paperwork if the OP was simply reported as he would have been given a verbal NIP and told that he was being reported for the alleged offences.
The time scale you mention for going to court is not totally accurate.
The prosecution must lay information before the court within 6 months of the alleged offence, but it could be several moths later before an actual court appearance takes place. In simple terms, the CPS must advice the court of a potential prosecution, but that does not mean that the offender will appear before the court inside 6 months.
Lastly, he was not arrested and therefore has not been charged. If he has not been given a fixed penalty notice, then he has been reported for summons, a big difference, and as mentioned there is no requirement to give him any paperwork unless he was given an HO/RT1 to produce his documents, but if he had the documents with him, then again no requirement for any paperwork. ____________________ It is better to arrive 30 seconds late in this world, than 30 years early in the next |
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Old Thread Alert!
The last post was made 14 years, 194 days ago. Instead of replying here, would creating a new thread be more useful? |
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