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Police target driving 'loopholes' - again

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Bigeds
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PostPosted: 11:03 - 13 Sep 2006    Post subject: Police target driving 'loopholes' - again Reply with quote

From BBC News site this morning.

Quote:
Reckless drivers who use legal loopholes to avoid conviction are being targeted in a new police initiative.
The Association of Chief Police Officers (Acpo) is training police and CPS lawyers to make stronger cases.

Police are frustrated that lawyers well versed in motoring laws are using small print to win acquittals for those charged with reckless or drink-driving.

Acpo is also introducing a team made up of a lawyer and a former police officer to help prosecute speed camera cases.

The association hopes motorists will avoid contesting their speeding charge because if they lose, their costs will include up to £4,000 for the cost of the team.

And police say they will be keeping a close eye on drivers who they think have been wrongly acquitted of crimes.



Full article here

Now I'm all for people accepting responsibilty for their actions and paying their way but I thought the law was supposed to be available to all in this country not just those who can afford it. Seems they don't agree
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bazza
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PostPosted: 13:21 - 13 Sep 2006    Post subject: Reply with quote

Quote:
Police are frustrated that lawyers well versed in motoring laws are using small print to win acquittals for those charged with reckless or drink-driving.


Stop me if I'm going out on a limb here, but WTF else would you hire a lawyer?
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Mister James
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PostPosted: 13:24 - 13 Sep 2006    Post subject: Reply with quote

If anyone was ever on the receiving end of this new team in court, all they'd have to do would be to present news stories like the above to the bench. Given the stated purpose of the team is to provide a financial disincentive to justice, even if you lost the driving case you'd have a good case not to pay for the Crown's costs.
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bazza
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PostPosted: 14:31 - 13 Sep 2006    Post subject: Reply with quote

While we're at it, how does the ACPO get to interfere with CPS procedures? Being as it's a private association and all... Thinking

Maybe we could ask MAG[1] to influence prosecutions involving bikes?



[1] Note: Or BMF, but ideally we'd be looking for a result in favour of bikers.
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Welsh Al
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PostPosted: 14:50 - 13 Sep 2006    Post subject: Reply with quote

Loopholes?.
What are these loopholes?. Innocence?. Mr. Green
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stinkwheel
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PostPosted: 17:48 - 13 Sep 2006    Post subject: Reply with quote

They say this like someone using a loophole is doing something illegal. They're not, if there is a loophole there, it is legal to use it until such time as parliment acts to close it.
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Mrs Kickstart
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PostPosted: 18:19 - 13 Sep 2006    Post subject: Reply with quote

Hi,

Or "we cant prove you are gulity but we think you are so do not argue"

The 4000 costs is a bit iffy too, case law indicates that 4.5 times the fine is not approite 2.5 times is more like the real max.
However I think is not about the cost but to use the 4K figure to frighten people into not challanging offences and to confess and pay regardless of the guilt or cirumstances.

Will be intersting to see what will happen if they try it.

Regards
Charlotte
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Walloper This post is not being displayed because it has a low rating (Redundant). Unhide this post / all posts.

G
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PostPosted: 19:52 - 13 Sep 2006    Post subject: Reply with quote

Walloper wrote:
Improve your driving behaviour and you'll not have the 'Old Bill' on your back.

As has been mentioned, being innocent often isn't a 'loophole' you can use to get off of a charge.

Nor do most people buy bikes with the intention of stictly following the law.
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mr jamez
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PostPosted: 20:03 - 13 Sep 2006    Post subject: Reply with quote

Walloper wrote:
Improve your driving behaviour and you'll not have the 'Old Bill' on your back.

What was the question?


You would have a point if the police force was honest as a whole, we all know there have been plenty of cases where coppers have decided to take someone to court for a traffic 'offence' they did not commit, or just decided to exaggerate an 'offence'. Can't be very nice to know that if you try and fight for justice then lose, you're going to get hit hard financially. especially when you have the word of a policeman and a team of lawyers against you. Or what about where people were getting speeding fines due to the speed limit signs being incorrect, it may make people think twice about fighting it.
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G
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PostPosted: 20:10 - 13 Sep 2006    Post subject: Reply with quote

Incidentally, this issue was the exact reason I pleaded guilty when I at the most did not know if I was guilty - and later evidence, not presented in the court, from the police led me to believe I was innocent.

However I could not afford the risk of trying to investigate or prove my innocence.
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TheShaggyDA
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PostPosted: 20:16 - 13 Sep 2006    Post subject: Reply with quote

mr jamez wrote:
Or what about where people were getting speeding fines due to the speed limit signs being incorrect, it may make people think twice about fighting it.


Still can't believe they dropped the fines because the signs were wrong. If it's marked a 30 zone and someone does more than that, it's speeding. It's not as though there were signs underneath saying "Not Really" that only a select few could read. If later on someone says "oh sorry, the signs should have said 40", it does nothing to alter the fact.
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Mrs Kickstart
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PostPosted: 20:21 - 13 Sep 2006    Post subject: Reply with quote

Walloper wrote:
Improve your driving behaviour and you'll not have the 'Old Bill' on your back.


Bad enough when you talking about trainned coppers but a lot of motoring offences are now instigated by devices (cameras lasers etc) which are either unmanned or manned by civillians (which is not legal but they still do it)

Ever head of cloned plates ? tickets issued in correclty - I have - and got and fought tickets becasue of it. There was nothing wrong with MY driving I was not there. However I has to challenge them to prove it.

Trying to make a 4000 threat might mean some people would not dare.

You will also notice the article refers to "people who dont know who was driving". This is a legal and legitimate defence. The law does not require private indivduals to keep a log of car usage. You are obliged to provide all the information you have but it does not mean you will know.

What a stupid remark even for BCF

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Charlotte
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mr jamez
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PostPosted: 20:45 - 13 Sep 2006    Post subject: Reply with quote

TheShaggyDA wrote:


Still can't believe they dropped the fines because the signs were wrong. If it's marked a 30 zone and someone does more than that, it's speeding. It's not as though there were signs underneath saying "Not Really" that only a select few could read. If later on someone says "oh sorry, the signs should have said 40", it does nothing to alter the fact.


The fact is they were not speeding, the road was sign posted incorrectly. Yes there were some who obviously believed they were breaking the law and others who probably knew about the rise to 40mph. The system expects us to follow the law to the letter, they messed up, so tough Smile This new idea allows them to bend the rules and tries to make us let them.
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owdamer
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PostPosted: 22:06 - 14 Sep 2006    Post subject: Reply with quote

Theres a story on the bbc website today about some guy lying to get out of a speeding charge. you can read it here. https://news.bbc.co.uk/1/hi/england/cornwall/5346928.stm
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Walloper
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PostPosted: 01:53 - 15 Sep 2006    Post subject: Reply with quote

By the 'Law' of averages, most of the people charged and successfully prosecuted for motoring offences ARE guilty.
I'm happy it is this way.
This system 'helps' towards keeping our highways free of the drunk, careless, dangerous and some of the idiotic drivers who use our roads.

If you are NOT guilty then your allowed to plead NOT guilty.

To say, "I do not know who was driving my car." is some cop out if the car was used to commit a serious crime or involved in a fatal accident.

Now isn't that a stupid thing to say even for BCF?
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froggeh
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PostPosted: 16:33 - 28 Sep 2006    Post subject: Reply with quote

Walloper wrote:


To say, "I do not know who was driving my car." is some cop out if the car was used to commit a serious crime or involved in a fatal accident.

Now isn't that a stupid thing to say even for BCF?


Irrelevant arguement... as the law stands, in the case you're putting, you have the right to silence. It's only if you've broken the law by nothing more than speeding, that you haven't...
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G
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PostPosted: 18:05 - 28 Sep 2006    Post subject: Reply with quote

Walloper wrote:

This system 'helps' towards keeping our highways free of the drunk, careless, dangerous and some of the idiotic drivers who use our roads.

The way 'The system' is going, the only things it is going to prevent is those people that do not look out for yellow/grey boxes by the side of the road and vans with the smallest possible 'safety' logo on them.
Those that pay more attention to the actual road may well find themselves in trouble, while the mobile-phone swearving X3 driver that's ignoring the pedestrain crossing but checking out the parked vans at the side of the road is fine.

Quote:
If you are NOT guilty then your allowed to plead NOT guilty.

They will however discourage this as much as possible.

Quote:
To say, "I do not know who was driving my car." is some cop out if the car was used to commit a serious crime or involved in a fatal accident.

Unless, of course, you do not know.
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Kickstart
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PostPosted: 18:31 - 28 Sep 2006    Post subject: Reply with quote

froggeh wrote:
Irrelevant arguement... as the law stands, in the case you're putting, you have the right to silence. It's only if you've broken the law by nothing more than speeding, that you haven't...


Not quite. There were the laws used against "witches". Admit to being a witch and get burnt at the stake. Deny it and they drowned you to prove you were not a witch.

All the best

Keith
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froggeh
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PostPosted: 18:43 - 28 Sep 2006    Post subject: Reply with quote

Kickstart wrote:

Not quite. There were the laws used against "witches". Admit to being a witch and get burnt at the stake. Deny it and they drowned you to prove you were not a witch.


? Not sure what you're getting at?
The point I was trying to make here, is that if you get caught speeding on camera, you are obliged to tell the police who was driving. If you commit a more serious offence, you get the right to silence...
And of course if you have yourself, your partner and a couple of kids on your insurance, and you genuinely don't know who happened to be at the wheel a week or so ago doing 38 mph along some stupidly low 30 mph limit dual carriageway, or doing 85 mph along a quiet motorway, then how can you be charged? It's totally wrong... "Beyond reasonable doubt" is what any other crime needs, why is it different for speeding?
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Kickstart
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PostPosted: 18:50 - 28 Sep 2006    Post subject: Reply with quote

froggeh wrote:

? Not sure what you're getting at?


Just the most recent other law where you did not have a right to silence.

A law with about as much point as the current speeding laws as well.

All the best

Keith
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krebsy
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PostPosted: 15:42 - 29 Sep 2006    Post subject: Reply with quote

mr jamez wrote:
Walloper wrote:
Improve your driving behaviour and you'll not have the 'Old Bill' on your back.

What was the question?


You would have a point if the police force was honest as a whole, we all know there have been plenty of cases where coppers have decided to take someone to court for a traffic 'offence' they did not commit, or just decided to exaggerate an 'offence'.


Mrs. K was taken to court for "faulty headlight" after the police victimised her by repeatedly stopping her following a near-miss on a breath test. She was just under (driving home at 10am the morning after a party) and since then was repeatedly stopped for the most rediculous of reasons.

They pulled her over and said her headlight was faulty/misaligned (when it wasn't), gave her a producer and 7 days to get the work done. It was done though the garage agreed that the car was safe and had no issues, the documents were all sent off to the police who then proceeded to take her to court anyway. "independant" legal advice said, "plead guilty" but we said "stuff that" and ended up in front of the magistrates. The police/cps had all the documents she had sent through in court but had denied receiving when we requested it when the court date appeared in the post and when the magistrates asked how she would plead we said, "Neither guilty or not guilty because we cannot see a reason why we are here today or what the charge is." we stated what had been done by the police, by her, by the garage and that we understood that the public are allowed sufficient time to rectify any apparent fault, though agreed that the police can be stubborn and prosecute anyway.

By this point 2 out of the 3 magistrates were glancing over at the prosecution and laughing and then all three agreed immediately that the police had wasted their time and ours. We could have pressed for compensation but really could not be bothered. The car had been scrapped anyway at that point and the police never stopped her again.

The threat of a further £4000 fine would have just made us fight harder.

K.
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krebsy
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PostPosted: 15:49 - 29 Sep 2006    Post subject: Reply with quote

Additionally, The role of the prosecution is to prove that you are guilty. you do not need to prove per se that you are innocent. The burden of proof is on their shoulders. The nub and gist of the issue with cameras is that the police have made it an offence NOT to incriminate yourself or another party if your vehicle is caught speeding. this is classified as "extracting a confession under duress" and is not submissable as evidence under any other criminal charge.

They need to prove you did commit the crime, not force you to admit you did it.

If all they have is your numberplate then there is no proof that you were driving at the time and they must, by themselves, prove you were the driver if they wish to prosecute you. Sadly this seems to have slipped through the net legal wise.

K.
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froggeh
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PostPosted: 23:36 - 29 Sep 2006    Post subject: Reply with quote

Couldn't have put it more succinctly.
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syl
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PostPosted: 00:01 - 30 Sep 2006    Post subject: Reply with quote

TheShaggyDA wrote:
mr jamez wrote:
Or what about where people were getting speeding fines due to the speed limit signs being incorrect, it may make people think twice about fighting it.


Still can't believe they dropped the fines because the signs were wrong. If it's marked a 30 zone and someone does more than that, it's speeding. It's not as though there were signs underneath saying "Not Really" that only a select few could read. If later on someone says "oh sorry, the signs should have said 40", it does nothing to alter the fact.


Of course it does.

It's only legally an x0 limit if

- it's marked as an x0 limit
- it's marked correctly (which may include shape, colour, lighting and separation distance of the signs)
- procedures for making it a x0 limit in the first place were carried out correctly

NSL applies otherwise. They are not loopholes - that is the law and is how it was intended.

(30 limits are different as the roads don't necessarily have to be signed, just lit).
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