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OFFICERS WHO HAVE NOTHING BETTER TO DO! Bar Stewards!

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getyerkneedow...
Trackday Trickster



Joined: 25 Aug 2004
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PostPosted: 15:01 - 27 Sep 2004    Post subject: OFFICERS WHO HAVE NOTHING BETTER TO DO! Bar Stewards! Reply with quote

Ok. So im no angle on the road. But when i am caught by the law for a crime commited, i hold my hand up to it. However, on friday i was the victim of a maljustice.

Riding through town on my CBR400RR i took the left hand turn into high ousegate in first gear, clutch in a coasted around ready to stop - its usually full of taxis drunks etc. Around the bend i realised it was clear, so opened her up hard to 30mph then hooked 2nd, 3rd, 4th, 5th and cruised away. A went down George hudson street round the walls and over Lendal bridge, before taking a right into blake street. Half way down blake street i noticed a T5 behind me.. 10 seconds later, blue lights and sirens wailed, i pulled over, he did to, i stopped, he blocked me in i switched off and got off, he got out... F*ing and blinding at me... " You f'ing d'ckhead, are you f'ing stupid or summat..." he continued.

After finally calming down he proceeded to book me for speeding and riding without due care and attention.

He said in his statment, he has said that "i saw a motorcycle take the left blind bend at speed, then a sudden and violent increase in engine noise indicated he was racing away well in excess of the speed limit. Approaching blake street he was braking hard, the rear end of the bike losing traction, he drifted into oncoming traffic before making the turn."

This is complete BOLLOCKS! I explained that it was a 400 and with a race can on so it sounds at 30 like im doing 100 and he booked me for the exhaust as well.

So im on a mission to get a really good traffic solicitor, get hold of the city CCTV footage of me and it will prove without a doubt that i have done NOTHING wrong.

Basically the cop has no evidence, and is basing it all on my increase in revs.. if i got a judge to replicate what i did, it will once again prove that it was just sound... not actual speed.

Has anybody else been in a situation like this? Any comments, guidence much appreciated.
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Deano
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PostPosted: 15:10 - 27 Sep 2004    Post subject: Reply with quote

just ride like a cunt and dont stop it unless you have to, it doesn't pay to be a lawful abideful drivers these day. All coppers lie and I dowt your gonna be able to get away with what he's accusing you of.
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stryker
Brolly Dolly



Joined: 30 Aug 2004
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PostPosted: 15:15 - 27 Sep 2004    Post subject: Reply with quote

OMG! My biggest complaint on my bike is its not interested in running at 3k rpm or less. So when I'm round town I'm in 1st or 2nd and it occurred to me it sounds like I'm racing while doing 30mph.

This is rather nerving.
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8316
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Joined: 08 Jul 2004
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PostPosted: 15:26 - 27 Sep 2004    Post subject: Reply with quote

are you sure you should get a solicitor to combat that? i know you have been dealt with stupidly harshly, but you will lose out on the race can, and it'll cost you loads to combat him. Crying or Very sad
i just hope you get it sorted mate, and you do succeed. keep me posted! Very Happy
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izzi81
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PostPosted: 15:36 - 27 Sep 2004    Post subject: Re: OFFICERS WHO HAVE NOTHING BETTER TO DO! Bar Stewards! Reply with quote

surely he can't book you for speeding based on what the motorbike *sounded* like? That's no proof you were actually speeding....
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iCraig
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PostPosted: 15:44 - 27 Sep 2004    Post subject: Reply with quote

You could actually get the officer done for using inappropriate language if he did use swear words etc, cos if you were swearing at them I am sure they would arrest you for breach of the piece etc.

Also if he has no evidence of you speeding (I.e. vascar readout or laser reading etc) then he cannot as prosecute you.

Just make a complaint to the Police Complaints Commision or speak to the CAB too see where you stand rather than getting a solicitor on the case at the moment.

As for the race can then you should take the punishment for it, as you know there not for road use.
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Scratchy
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PostPosted: 15:47 - 27 Sep 2004    Post subject: Reply with quote

Deano wrote:
All coppers lie


What a load of rubbish!

I'd be careful what you say because I'm 7 feet tall and built like Arnie. And I'm a black belt in karate.
Oh, by the way, did I tell you I'm mates with Valentino Rossi? We went out for a ride once and when we got back he said he thought I was faster than him and I could be world champion if I wanted. Can't be arsed though.
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getyerkneedow...
Trackday Trickster



Joined: 25 Aug 2004
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PostPosted: 15:47 - 27 Sep 2004    Post subject: Re: OFFICERS WHO HAVE NOTHING BETTER TO DO! Bar Stewards! Reply with quote

izzi81 wrote:
surely he can't book you for speeding based on what the motorbike *sounded* like? That's no proof you were actually speeding....


Thats what i tried to explain to him, the engine speed is not directly relative to the speed of the bike, even more so given its a 400cc bike with a race can on it.

but he was adament that cos it was loud and reving hard, it meant without a doubt that i was breaking the speed limit... #

thick bastards arent they!
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Ste
Not Work Safe



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PostPosted: 15:57 - 27 Sep 2004    Post subject: Reply with quote

They can prosecute you on their view of the situation without vascar reading or whatever. Trying to use the fact you're also breaking another law for your reason they say you're speeding will just have pissed them off further and got you an extra ticket. Laughing
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loply
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PostPosted: 17:47 - 27 Sep 2004    Post subject: Reply with quote

I think unless you admit to speeding they will have to drop it, without a vascar reading, which it doesnt sound like they have (vascar = timer they activate when following you to measure your speed based on their speed).
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Deano
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PostPosted: 18:06 - 27 Sep 2004    Post subject: Reply with quote

Scratchy wrote:
Deano wrote:
All coppers lie


What a load of rubbish!

I'd be careful what you say because I'm 7 feet tall and built like Arnie. And I'm a black belt in karate.
Oh, by the way, did I tell you I'm mates with Valentino Rossi? We went out for a ride once and when we got back he said he thought I was faster than him and I could be world champion if I wanted. Can't be arsed though.


Oh well, I'm sure I'm not the only person on here with the same opinion and been screwed over. Coppers don't lie to that extent but they ar bloody guilty of spicing up their storys to the courts which makes your case harder if you want to fight it.

For example my half a second wheelie which came a foot and half off the floor, which I had to be asked if it even was one by the asking copper turned into a 7 second minger down a crowded highstreet with loads of people crossing the road.
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Dean Stone #777
EMRA 2012 final standings, Formula 600s 3rd, Superstock 600s 3rd.
www.triplesevenracing.co.uk: www.ljmotorcyclerepairs.co.uk www.gettaylored.co.uk BN RaceScience, Now officially run out of money to carry on racing Sad
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Adam_P
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PostPosted: 18:43 - 27 Sep 2004    Post subject: Reply with quote

I'd have thought that the policeman in question will find it hard to take matters further without proof of your speed.

Write a letter to the Chief Constable of your local force and ask what the current policy is on speeding prosecutions and give the number of the officer in question. (I assume you have that? ALWAYS make a note of the officers number, ALWAYS!) Did he give you paperwork? It'll be on there if he did.

Was he on his own? Unless he had someone there to verify the speed or had a camera/equipment etc then I'd say a charge is on shaky ground.

I'd certainly go to court over it, especially the way he spoke to you and if you were honestly not speeding he deserves taking down a peg or two.

No offence to the officers of the law on here, but there's no need for that attitude, especially if he had done nothing wrong.
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Kickstart
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PostPosted: 18:45 - 27 Sep 2004    Post subject: Reply with quote

Hi

If it is a T5 then it is probably a traffic car. As such should it not have a video recording of the events? If so put in a request for a copy of the video. If they have no video then I would say they have no case at all (as it is highly suspicious that they just happened not to have the video evidence when it would have helped your case), and if they do have the video then you have the evidence of the copper swearing at you (I am sure that would go down very well in court).

Coppers are just a normal cross section of the community, and as such their are just as many liars in uniform as there are in any other job.

All the best

Keith
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VTR SP1
Brolly Dolly



Joined: 31 Aug 2004
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PostPosted: 19:00 - 27 Sep 2004    Post subject: Reply with quote

If the car has a calibrated speedo and 2 officers were in the car you can be done on that alone.
It the guy is an experienced traffic officer used to dealing with speeding the court may deem him an expert in speeding. He may be able to say that the speed limit was for example 30 and you were doing at least 50. You can be done like that aswell.

Race cans just attract attention and this just goes to prove it.
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Adam_P
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PostPosted: 19:16 - 27 Sep 2004    Post subject: Reply with quote

VTR SP1 wrote:
If the car has a calibrated speedo and 2 officers were in the car you can be done on that alone.
It the guy is an experienced traffic officer used to dealing with speeding the court may deem him an expert in speeding. He may be able to say that the speed limit was for example 30 and you were doing at least 50. You can be done like that aswell.

Race cans just attract attention and this just goes to prove it.


But if getyerkneedown was definately within the speed limit it doesn't stop the copper from being a filthy lying bastard, does it?

Just because a guy who has driven a T5 and worn a yellow jacket for several years shouldn't make him an automatic judge of speed. Unless he's ad all the assimilations done and one eye is an infra-red speed gun too. Laughing
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stinkwheel
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PostPosted: 19:40 - 27 Sep 2004    Post subject: Re: OFFICERS WHO HAVE NOTHING BETTER TO DO! Bar Stewards! Reply with quote

getyerkneedown wrote:
he got out... F*ing and blinding at me... " You f'ing d'ckhead, are you f'ing stupid or summat..." he continued.


Send a formal written complaint to the chief constable. If you walked up to a copper and started ranting at him like that you would be locked up straigt away for causing a breach of the peace.

Quote:
After finally calming down he proceeded to book me for speeding and riding without due care and attention.


The due care and attention bit is more worrying because that is in the oppinion of the officer...it also screws over your insurance good and proper, you could land up with over six points from the combination of the two. They seem to be pulling that one a lot more these days, it is entirely subjective and difficult to disprove, there is also less of a burden of proof on the police. Neutral


DEFINATLEY GET LEGAL ADVICE and get it as soon as you are given notice of intent to prosecute. In the meantime write yourself a report of EXACTLY what happened as you remember it with locations, times, road conditions, weather conditions and exactly what was said and done for future reference. It is surprising how your memory of events can fade over time, go take some piccys of the bit of road where it happened, measure the actual distances covered. It helps to look at things in context.
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tgabber
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PostPosted: 19:59 - 27 Sep 2004    Post subject: Reply with quote

Try reading through this site:

https://www.pepipoo.com/

It's a self-help group for motorists who feel they've been unfairly treated by the law, mostly cagers but there seem to be one or two bike stories on there as well.
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divuk83
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PostPosted: 21:39 - 27 Sep 2004    Post subject: Reply with quote

Gutted mate, I have been stopped once for a loud exhaust going up coney street in the middle of the night, luckily the guy did nothing. But your right, in the middle of the night they have naff all else to do in York. His statement is all his opinion and unless he has video evidence its your word against his. Telling him it was a race exhaust was a bad idea though, best not to draw attention to that.

As for the rest of his statement I'm sure there are plenty of cameras around blake street area. So should be fairly easy to disprove his statement. What does he mean by " he drifted into oncoming traffic before making the turn" as blake street is one way and there almost never any traffic coming from the road up to the minster. It cant have been traffic from the left as the lights would have been red for them?

Also as a bonus try and get the copper done for using abusive language!

Good Luck to you.

Dave
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Ste
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PostPosted: 21:49 - 27 Sep 2004    Post subject: Reply with quote

divuk83 wrote:
His statement is all his opinion and unless he has video evidence its your word against his.

The courts will accept the police's word over your word.
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divuk83
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PostPosted: 21:55 - 27 Sep 2004    Post subject: Reply with quote

Yeah, of course they will, but it will be easier to challenge his opinion if he has no facts or evidence to back it up with.

Dave
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jonboy
Trackday Trickster



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PostPosted: 22:17 - 27 Sep 2004    Post subject: Reply with quote

If he;s being done for driving without due care won't it go to court anyway? In this case he should get the best advice he can. As for the race can, i'd use it as a reason the officer misjudged the situation - what's he got to lose? It's only a £30 fine (or maybe 60) for the race can anyway, sod all compared to the fortune extra in insurance the without due care charge will cost if he's found guilty.
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getyerkneedow...
Trackday Trickster



Joined: 25 Aug 2004
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PostPosted: 16:34 - 30 Sep 2004    Post subject: Reply with quote

Hi all, well ive consulted a few solicitors about this.. not sure who to run with yet.

I consulted one firm and they replied via email with this piece...

"The maximum penalty for careless driving is a fine of £2,500 and your
licence must either be endorsed with between 3-9 penalty points or you
may be disqualified. It is almost impossible to advise on the likely
penalty for your specific offence as this will depend almost entirely on
the particular incident. Relevant negative factors include excessive
speed, high degree of carelessness, serious risk, using a hand-held
mobile phone. Positive factors include sudden change in weather, minor
risk, momentary lapse and little or no damage. The starting point is
generally a fine of around £200 - £300 and 4/5 points.

From what you say they have insufficient evidence to bring a charge for
speeding, and any charge for careless would be hard to substantiate. If
you do receive a summons we suggest you come back to us for specific
advice."

So its looking good so far...

Will keep you all posted as more developments happen...
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sv_cath
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PostPosted: 16:36 - 30 Sep 2004    Post subject: Reply with quote

Good luck! Thumbs Up Very Happy
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Fellony
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PostPosted: 17:03 - 30 Sep 2004    Post subject: Reply with quote

Should of just said you were holding the clutch in and wanted to hear some revs, or warm the bike up? What can he say to that? Very Happy
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b0ss
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PostPosted: 18:40 - 30 Sep 2004    Post subject: Reply with quote

Just to let you know I was done for Without Due Care & Attention in my car, there was no evidence except for two pricks in the other car, so I had no chance in court. My solicitor wrote to the court admitting my guilt and an apology. I was given 3 points and £100 fine this was 5 years ago.
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