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speeding and pcj, clarification needed
pjb12345
post Mon, 18 Mar 2019 - 17:48
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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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post Mon, 18 Mar 2019 - 17:48
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The Rookie
post Sun, 7 Apr 2019 - 03:23
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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.


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southpaw82
post Sun, 7 Apr 2019 - 11:11
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QUOTE (The Rookie @ Sun, 7 Apr 2019 - 04:23) *
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.


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pjb12345
post Thu, 11 Apr 2019 - 15:16
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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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southpaw82
post Thu, 11 Apr 2019 - 16:07
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And presumably his own costs?


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Foxy01
post Tue, 16 Apr 2019 - 20:49
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This case?

This post has been edited by Foxy01: Tue, 16 Apr 2019 - 20:49
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