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Proper f**k up.. :/ :/ Update..

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Bike_craze1
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PostPosted: 10:22 - 01 Mar 2012    Post subject: Proper f**k up.. :/ :/ Update.. Reply with quote

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 Sad please no silly comments, I know I've been a f**king idiot.
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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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PostPosted: 10:23 - 01 Mar 2012    Post subject: Reply with quote

Did they get evidence of it? Or did they estimate?
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Bike_craze1
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PostPosted: 10:39 - 01 Mar 2012    Post subject: Reply with quote

I don't know mate they didn't say, they gave me the letter and said it could go to court or have bike training..

They didn't say about evidence. They were saying they judged me from one distance to another, but they caught up on a straight for a little bit until I slowed down, saying they were going 110 and weren't loosing neither catching, they were quite far behind though - 500 metres ishh.
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LeNoir
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PostPosted: 10:41 - 01 Mar 2012    Post subject: Reply with quote

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
Brolly Dolly



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PostPosted: 10:42 - 01 Mar 2012    Post subject: Reply with quote

Don't think they have much on you tbh. I'd wait to see what the rest of te community as to say bout this though
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Alpha-9
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PostPosted: 11:20 - 01 Mar 2012    Post subject: Reply with quote

Son I am disappoint Neutral Thumbs Down
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Bike_craze1
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PostPosted: 11:22 - 01 Mar 2012    Post subject: Reply with quote

Nah mate I wouldnt never admit to it. and apparently I will loose my car lisence also if I did.. just don't know if they can't f**k me over or not.
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dan_flash
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PostPosted: 11:24 - 01 Mar 2012    Post subject: Reply with quote

LeNoir raises the best points here, but from personal experience there's one point that really stands out - losing your job. If it goes to court this can be a life saver and could mean, if it comes down to this, that you end up with a 2 year probationary license as opposed to an all out ban.

The other thing in your favour is that they didn't clock you with any fancy device, it's just them saying 'we are Police, you went too fast'. This alone isn't likely to be enough to get down on you hard.

Did they take the motorcycle? Did they give you any paperwork then and there?
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pinkyfloyd
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PostPosted: 11:28 - 01 Mar 2012    Post subject: Reply with quote

Bike_craze1 wrote:
I don't know mate they didn't say, they gave me the letter and said it could go to court or have bike training..
.


Lets hope for bike training. That means you pay the same kind of fine cost (around 150 quid) and go on a days course where they show you that speed is dangerous and you save your license.
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G
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PostPosted: 11:30 - 01 Mar 2012    Post subject: Re: Proper f**k up.. :/ :/ Reply with quote

They may well have used VASCAR to calculate the speed, however that of course relies on them 'clicking' at the right points - if they were half a kilometre behind and driving, it's going to be easier for you to argue it. If they were sitting there all day doing VASCAR readings from that section, you'll have more of an issue.

Might be worth scanning the letter (take out all personal details) and sticking it up here.

As they talked about a "course", if you get this option, definitely take it - as it should leave you with no points etc and just paying a little extra in to police coffers.
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.....
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PostPosted: 11:30 - 01 Mar 2012    Post subject: Reply with quote

If your job depends on your licence then you need professional legal advice.
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Bike_craze1
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PostPosted: 11:31 - 01 Mar 2012    Post subject: Reply with quote

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 :/
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Kris
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PostPosted: 11:45 - 01 Mar 2012    Post subject: Reply with quote

If you get anything through the post then seek proper legal advice.

Otherwise - unfortunately just a waiting game.
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Frost
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PostPosted: 11:47 - 01 Mar 2012    Post subject: Reply with quote

60 limit, so it was a single carriageway? They're not as well lit as a dual carriageway at night making a speed assessment based on distance between points even harder to do. I'm not saying you weren't speeding or that their margin for error might be enough to prove that you weren't speeding, but if they have a margin for error big enough to make a difference in judgement then that makes a big difference. If there's a chance you might be able to argue that you might only have been going 99mph then it's worth investigating.
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G
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PostPosted: 11:49 - 01 Mar 2012    Post subject: Reply with quote

Some years ago I was radar'd at 119mph while undertaking.
They then said I was getting away from them through traffic when they were doing 140mph - though they did say this wasn't 'evidence'.
Were going to do me for Dangerous driving and a couple of Construction and Use things.

Luckily, nothing ever came of it. In my case I think they were serious at the time, at least.

When I talked to solicitors, they generally said "come back when you've got the papers" - though most I talked to weren't very good.
I think you've got that nasty wait until you actually hear back. (As Kris says.)
If you're lucky, they were just scaring you, can't be bothered to write it up, etc.
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angryjonny
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PostPosted: 11:52 - 01 Mar 2012    Post subject: Reply with quote

Two of them, right?

If it had been a po-po* on his own you'd have been in a stronger position. But if there's a pair of them then all they need is for one to say "he was doing about a zillion" and the other to say "yep, reckon so" and that in itself becomes evidence.

There are folks on here with way more knowledge and experience than I have, but I'd say there's not a lot useful you can do at this stage other than to wait and see what drops through your letterbox (I assume you're waiting for notification on what the precise charge is). Then get a solicitor involved if you need to.

If you're lucky they might talk down the charge a bit to get you to fess up of your own accord to something less serious (two digits rather than three maybe) and accept 6 points and a fine rather than risk turning up at court and facing a ban. If you're really lucky they'll have stuffed up something and you can slide out of it because they didn't capitalise the first letter of your surname or something.


(* I've never used the phrase "po-po" before so I thought I would, just to see what it felt like. It felt awesome.)
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CaNsA
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PostPosted: 12:07 - 01 Mar 2012    Post subject: Reply with quote

loose
Adjective:
Not firmly or tightly fixed in place; detached or able to be detached: "a loose tooth".

lose
Verb:
Be deprived of or cease to have or retain (something): "I've lost my appetite".

hth
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Musketeer
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PostPosted: 12:40 - 01 Mar 2012    Post subject: Reply with quote

Stop biting your fingers nails until you get some paperwork by post. From what you say they don't really have any hard evidence, so maybe you get some points and fine and that's it, depends what they are going to do you for (dangerous driving? driving without due care and attention? somehow cannot imagine them doing you hard for speeding without proper equipment nor following you properly - not from 500m distance - for a period of time). Once you get the paperwork look for legal advice.
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Rogerborg
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PostPosted: 15:04 - 01 Mar 2012    Post subject: Reply with quote

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:

Arrow Do you know why I've stopped you?

Arrow Do you know what the speed limit is here?

Arrow 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.
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stinkwheel
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PostPosted: 15:21 - 01 Mar 2012    Post subject: Reply with quote

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.
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T.C
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PostPosted: 16:59 - 01 Mar 2012    Post subject: Reply with quote

I cannot believe the crap some of you people come out with Rolling Eyes

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.
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shorty
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PostPosted: 17:06 - 01 Mar 2012    Post subject: Reply with quote

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!
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stinkwheel
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PostPosted: 17:48 - 01 Mar 2012    Post subject: Reply with quote

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.
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T.C
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PostPosted: 17:51 - 01 Mar 2012    Post subject: Reply with quote

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.
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