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Stopped by the police claiming 110 mph while I was not even at the speed limit [Video]
go2ready
post Sat, 6 Jan 2018 - 16:18
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Hello there, I need help & advice on this one and anything else will also be appreciated.

tl;dr I was pulled over by a met police officer at 30/12/2017 for doing 110 mph on A20 while I was doing 68, I have video evidence.

Here is the frontal dash footage with the speedo reading from my HUD (not very clear tho), I intentionally included 10 mins more driving in the video, before I meet the police officer to show you that I was not speeding at all. Please read the description or comment on the video to skip to the relevant part, but here
is a copy of that,

"Police officers sitting at the side of the road in the bushes, video location 10:35, google map location https://www.google.co.uk/maps/@51.3939669,0...3312!8i6656
stopped me at 14:50 allegate me doing 110 MPH! 16:20 He later told me that “It is easy to not notice your speed in such powerful car.”"

Video: https://www.youtube.com/watch?v=LKySmZeT9NA

Here are some bulletin point that I would like to highlight,

1, I was following the traffic (even fallen behind it) before I meet the police car hiding behind bushes.
2, I was overtaken by another car when I pass them.
3, I handed it my license when pulled over, I did not take any penalty point or fine on the spot, the police office provides verbal NIP to me but states that letter should arrive within 14 days.
4, I signed the reporting ticket to show my acknowledgement but not admittance, he did not give any back to me.
5, I think his device might be set to kmph as 110 kmph was matching the speeding I was doing 68mph as you can see from the video.
6, I have one passenger(my wife) with me on the car, she knows what it feels like to driving 110mph as we have been to the autobahn.

Not here is what I think I might do:

I will wait for any letter to arrive, and appeal anything to me, go to court with my wife and my video, ask for any calibration record of the device and show my video.

However here are my doubt and questions,

1, Was the evidence suffice? I was not speeding either intentionally or unintentionally.
2, I need to change my address 2 times in the coming 6 months, is noticing DVLA enough? I am worrying missing any letter sent to me.
3, Is there anything I can do to ask for justice? Without my dashcam I could left stranged and hand in thousands of pounds in fine and 6 points for something I never committed.

This post has been edited by go2ready: Sat, 6 Jan 2018 - 16:21
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post Sat, 6 Jan 2018 - 16:18
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notmeatloaf
post Sat, 7 Apr 2018 - 16:46
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Too many films where you win the trial by a dramatic reveal (preferably by someone who was meant to be dead) at the end.

I don't think magistrate's courts would attract Hollywood attention though....

This post has been edited by notmeatloaf: Sat, 7 Apr 2018 - 16:47
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cp8759
post Sat, 7 Apr 2018 - 17:47
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QUOTE (notmeatloaf @ Sat, 7 Apr 2018 - 17:46) *
Too many films where you win the trial by a dramatic reveal (preferably by someone who was meant to be dead) at the end.

I don't think magistrate's courts would attract Hollywood attention though....

When I point out all the obvious mistakes in police / crime / courtroom drama (At times I can't help myself), my other half often points out that if everything were done the way it's done in the real world, it would make for some pretty boring TV.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
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mickR
post Sat, 7 Apr 2018 - 18:48
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I'm like that with "wheeler jokers" oh I mean "wheeler dealers" one of the funniest programs on tv.
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Wagondriver
post Sun, 8 Apr 2018 - 23:36
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QUOTE (NewJudge @ Sat, 7 Apr 2018 - 13:37) *
QUOTE (cp8759 @ Sat, 7 Apr 2018 - 09:57) *
He could have chosen to disclose the evidence at trial, or at the door of the court, but in that scenario it's likely that the CPS would have got an adjournment and then dropped the case. However such an approach might amount to an "improper act or omission" under the costs rules which means that even if the prosecution had been dropped, the OP could have ended up with an adverse costs order.


Indeed and I have seen just such an occurrence. A trial had been adjourned earlier in the day because the prosecution had been ambushed with what turned out to be valid and very likely successful defence evidence. It had not been disclosed or even mentioned at the case management hearing nor had it been disclosed earlier on the day of the trial.It had not even been mentioned to the court's Legal Advisor when she assisted him before the trial. It was only introduced during the defence case (by the unrepresented defendant) and the prosecution successfully applied for the trial to be halted. When the matter returned to court the prosecution offered no evidence but claimed around £600 (the costs they would have claimed had the trial gone ahead and a guilty verdict returned). After a lengthy legal argument (where a helpful duty solicitor was persuaded to assist the defendant) the costs were awarded.

The idea of case management hearings is to identify the agreed and disputed issues and make arrangements for a trial on those in dispute. The overriding aim is to shorten the proceedings as much as possible. If this matter had gone to court and the defendant produced his evidence when the trial began - or even later - I would not be at all surprised if it went the way of my example above. Disclosure has to work both ways for case management to achieve its aims.



Ah so in likelihood the cps would have dropped it like a hot potatoe at that stage leaving the issue untested.


Although the other way round seems to be ok, I ended up in court in Scotland recently and the police surprised everyone, including the PF with video from the traffic car undisclosed until the morning of the trail. Oddly it proved I didn’t do the speed they were alleging.
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