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Help! Stopped by unmarked police car. No lights. Contradiction help, I was pulled by plain clothed officers in an unmarked car
Bungle87
post Mon, 9 Oct 2017 - 12:33
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Hi all.
Hopefully you can help. Back on July 15th I was asked to pull over by a grey Vauxhall Astra being driven by two plain clothed officers. No lights were used to pull me. On pulling over where they asked me, I produced my license to the officer. He said I was driving to fast in a 30 mph. This 30 mph road is a massive empty road with unused junctions no houses, buildings and no displayed speed limit. So it started with me coming off a set off green lights and turning onto this said road. There was a silver fiat punto as I turned left doing around 15/20mph whom decided to slam on his brakes as I approached. So I check the road was clear and over took and accelerated up to the end where there is a roundabout where it states a 30mph. So I naturally was doing 30mph by this point. Around 2 miles later the Astra pulled along side me and flashed a badge and asked me to pull into a junction. He said to me at the side of the road that he was doing it ver 60mph to try and catch me. He must’ve been at the light guys on the opposite side to me when I first pulled onto the above road. He proceeded today that he can’t do me for speeding as he doesn’t know what speed I was doing. But instead is giving me a ticket for driving with undue care and attention. Towards the end of September I received a ‘single justice procedure’ letter and the offence says ‘speeding-exceed 30mph on restricted road-manned equipment. I don’t actually know what the full charge is and why I was told something different at the side of the road. I’ve got both witness statements from the driver and his colleague. It also says if found guilty the prosecutor will apply for costs of at least £85.
Can someone please give me some help and advice?
Many thanks

This post has been edited by Bungle87: Mon, 9 Oct 2017 - 12:35
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post Mon, 9 Oct 2017 - 12:33
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StuartBu
post Wed, 11 Oct 2017 - 18:06
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Have there been some posts removed from this thread like the one suggesting only uniformed Cops were entitled to stop a car?
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southpaw82
post Wed, 11 Oct 2017 - 21:15
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QUOTE (StuartBu @ Wed, 11 Oct 2017 - 19:06) *
Have there been some posts removed from this thread like the one suggesting only uniformed Cops were entitled to stop a car?

Yes because they were utter rubbish. Not so bad musing in the flame pit but not in an advice thread.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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MFM
post Thu, 12 Oct 2017 - 14:42
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QUOTE (southpaw82 @ Wed, 11 Oct 2017 - 22:15) *
QUOTE (StuartBu @ Wed, 11 Oct 2017 - 19:06) *
Have there been some posts removed from this thread like the one suggesting only uniformed Cops were entitled to stop a car?

Yes because they were utter rubbish. Not so bad musing in the flame pit but not in an advice thread.


But no offence is committed for failing to stop for a plain clothes officer right?
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666
post Thu, 12 Oct 2017 - 15:40
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QUOTE (MFM @ Thu, 12 Oct 2017 - 15:42) *
QUOTE (southpaw82 @ Wed, 11 Oct 2017 - 22:15) *
QUOTE (StuartBu @ Wed, 11 Oct 2017 - 19:06) *
Have there been some posts removed from this thread like the one suggesting only uniformed Cops were entitled to stop a car?

Yes because they were utter rubbish. Not so bad musing in the flame pit but not in an advice thread.


But no offence is committed for failing to stop for a plain clothes officer right?


Right, but irrelevant.
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southpaw82
post Thu, 12 Oct 2017 - 16:14
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QUOTE (MFM @ Thu, 12 Oct 2017 - 15:42) *
QUOTE (southpaw82 @ Wed, 11 Oct 2017 - 22:15) *
QUOTE (StuartBu @ Wed, 11 Oct 2017 - 19:06) *
Have there been some posts removed from this thread like the one suggesting only uniformed Cops were entitled to stop a car?

Yes because they were utter rubbish. Not so bad musing in the flame pit but not in an advice thread.


But no offence is committed for failing to stop for a plain clothes officer right?

Indeed.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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Bungle87
post Fri, 27 Oct 2017 - 11:50
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Hi guys. Thank you for your replies. I pleaded guilty by post and explained in the comments box to why I over took the car. Dir to him slamming on his brakes and also raised my concerns to what I was told at the side of the road. Today I’ve reveived a summons to court letter and the reason stated is ‘re-disqualification’. Is it worth seeking legal advice?
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samthecat
post Fri, 27 Oct 2017 - 12:34
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How many points do you have on your licence at the moment?



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Bungle87
post Tue, 31 Oct 2017 - 11:13
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[quote name='samthecat' date='Fri, 27 Oct 2017 - 12:34' post='1326963']
How many points do you have on your licence at the moment?

I have no points
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Logician
post Tue, 31 Oct 2017 - 12:57
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I would guess that disqualification is mentioned because the only speed mentioned is 60mph and over 50mph in a 30mph limit would mean that disqualification is seriously considered. You do not need to get legal advice but you do need to concentrate on the issue in hand, from what you have told us you are facing one charge of speeding, not careless driving. Why or how you made an overtaking manoeuvre is not relevant to that, the only issue is your speed which will determine the sentencing. Read through the officers' statements carefully, if the only reference to speed is as you said previously, that they drove at 60mph in order to catch up and stop you, you need to point out to the court that:

1. You admit to exceeding the speed limit, but you do not accept that you were driving at 60mph if that is what the prosecution allege.
2. The officers did not measure your speed and provide no estimate of your speed in their statements.
3. The only mention of a speed is that they drove at 60mph in order to catch you up and stop you, if you were also driving at 60mph they would clearly not have caught up with you, which they did, so you must have been doing less than 60mph.
4. The only information on your speed before the court is that it was over 30mph, because you admit that, and under 60mph because the officers caught up with you.
5. You may be asked what speed you think you were doing, and you should answer that truthfully.


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Bungle87
post Tue, 31 Oct 2017 - 15:40
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Thank you. I’ve contacted a solicitor and am waiting a reply.
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