speeding and pcj, clarification needed |
speeding and pcj, clarification needed |
Mon, 18 Mar 2019 - 17:48
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#1
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Member Group: Members Posts: 19 Joined: 3 May 2018 Member No.: 97,804 |
A friend of mine riding a motorbike spots a mobile speed camera ahead of him . he stops before the camera suspects he may have been speeding but not sure , panics and covers his number plate up turns around and speeds off.
As soon as he finds out the police were attempting to find him he contacts the police over the incident and tells all admitting he obscured plate and sped off . He is informed that he was speeding and now they are trying to charge him pcj and speeding . The speeding there is no issue over but the pcj is the concerning thing .At what point was he committing a pcj because he did not know for certainty that he had committed speeding . And what do u think penalties are like to be for such a thing if found guilty . TIA |
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Mon, 18 Mar 2019 - 17:48
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Sun, 7 Apr 2019 - 03:23
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#21
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
I agree it’s whether they could prove their case without the interview, if they have witnessed the rider (and presumably it’s on camera) believe they were speeding and cover up the plate and ride off, the interview isn’t going to be needed unless it’s the sole rider ID. Of course even if the interview were ruled inadmissible that may not include the S172 request that was likley part of it.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sun, 7 Apr 2019 - 11:11
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#22
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Of course even if the interview were ruled inadmissible that may not include the S172 request that was likley part of it. Unlikely, since most of the CoP doesn’t apply to a request for information under a statutory requirement so getting it excluded under s 78 PACE would be a struggle. -------------------- Moderator
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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Thu, 11 Apr 2019 - 15:16
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#23
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Member Group: Members Posts: 19 Joined: 3 May 2018 Member No.: 97,804 |
up date well my friend ,, got himself a barrister who thought there was an angle of 6 months and who also obtained opinion on wether this is really obstruction not pcoj ,,,he represented my friend gave loads of case examples in open court to which the judge nodded .that went on for some time but in the end judge says i dont agree ,he then faced going to appeal and subsequent costs or stopping here at this point . a gamble had my friend been richer he would have taken it higher , but pulled out .
sentence 4 months prison suspended for 2yrs ,, 250 speeding fine 3 points ....and total costs in dealing with this 2000 ,, and loads of thought and sleepless nights |
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Thu, 11 Apr 2019 - 16:07
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#24
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
And presumably his own costs?
-------------------- Moderator
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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Tue, 16 Apr 2019 - 20:49
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#25
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Member Group: Life Member Posts: 247 Joined: 4 Mar 2016 Member No.: 82,764 |
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