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Court Summons Excess Speed
Miridor
post Fri, 8 Aug 2008 - 15:19
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Hi Guys and Girls





Great web site, just what I need right know (I haven’t done a NIP Wizard because I haven’t got an NIP just a summons)



The situation for me was that I was travelling northbound on the A46 between the A452 junction and Stoneleigh junction at about 7pm 27th May 2008 after work. As I came up to the Stoneleigh exit (lane 1) I notice a blue Mondeo ST make a very sharp and abrupt cut across from lane 3 to lane 1 to get behind me as I slowed for the exit ramp. I could clearly see to of our finessed inside.

These pair proceeded to follow me for over 3 miles, Away from the A46 (as you can imagine I was driving very conservatively) eventually pulling me over.



Once in the back of there car I was given the usual story about, "do you know why we have stopped you"... which I said no to!, turning to his mate he said, “how fast do you think he was going?” reply “oh at least 110mph, 115mph!” I replied by asking how they where measuring this speed? At this point the copper seemed to loose a little of his cool realising that I was not going to roll over and accept his version of events. They refused to show me any reply of the alleged office on the TV system saying that “I’m a police officer that’s all you need to know and for that I’m going to take you to court” at this point I shut up and let him get on with it!.



Due to not hearing anything for this period, I thought that maybe they had thought better of it but no, Friday 1st though dropped the Summons.



Charges: Excess speed (70mph)





After speaking to few people about this, I think that I have decided to go to court with a plea of innocent and defend myself not using a solicitor.



The question is:



I need help to prepare my case, I need to draft a letter asking for all relevant evidence does anyone have a template?

I have been reading “The Driver’s Survival Handbook” 7th edition 2007 by Martin Thwaite” he is an ex traffic officer and reads a lot of sense. However I am S**ting myself.



I work in the motor industry and technically, if I loose my license I will loose my job.





Thanks in advance



Miridor

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post Fri, 8 Aug 2008 - 15:19
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Keds
post Sun, 10 Aug 2008 - 17:31
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QUOTE (Miridor @ Sun, 10 Aug 2008 - 18:17) *
I have spoken to someone today who recommended that i lodge a complaint about the two officers with IPCA, does anyone agree?
Would this not just poke a sleep cat?


Lodge a complaint against them why? I'm tying to figure out from what you have said, where the complaint is. The statements might not exactly be 100% the same, I'd be more concerned if they were 100% the same.

Are you thinking of lodging a complaint because of their statements?

I see 2 things happening if you do lodge a complaint
1 - the police, will investigate and thank you for bringing to their attention some possible wrong doing.
2 - the police will come out with all guns blazing, to discredit your complaint and pull out all the steps to find you guilty.






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Miridor
post Mon, 11 Aug 2008 - 16:27
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QUOTE
Lodge a complaint against them why? I'm tying to figure out from what you have said, where the complaint is. The statements might not exactly be 100% the same, I'd be more concerned if they were 100% the same.

Are you thinking of lodging a complaint because of their statements?


No the complaint would have been about there conduct and the stop in general?!

QUOTE
I see 2 things happening if you do lodge a complaint
1 - the police, will investigate and thank you for bringing to their attention some possible wrong doing.
2 - the police will come out with all guns blazing, to discredit your complaint and pull out all the steps to find you guilty.


My thoughts on the nose..

What do you think my chance's are asking for evidence and trying to show holes in the statements?

If i can prove that the car is not calibrated does this mean that using the speedo to pace my speed would be dismissed?
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Miridor
post Tue, 12 Aug 2008 - 19:24
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Going to go for it, a lot to loose either way.

Sending the summons back with a not guilty plea, and enclosing a letter asking for full disclosure of the evidence against me. Will send this to the CPS and to West Mids police force recorded.

Does anyone have any last advice?

Will keep you all posted with developments.
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Naughty1
post Tue, 12 Aug 2008 - 21:57
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The problem is that there were two officers and you were on your own. To put it in perspective, I know of a case where there were two medical professionals in a car which was stopped for speeding in the middle of the night. They were doing 80 mph at the time on a very curvy bit of unlit motorway and the cop didn't have continuous visual contact. The lone officer decided (and grossly exaggerated) what speed they were doing and when it came to court, guess who the magistrate believed? The Police NEVER lie you know!
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7159keith
post Wed, 13 Aug 2008 - 07:50
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QUOTE (Hotel Oscar 87 @ Sat, 9 Aug 2008 - 02:02) *
I further note that neither officers describes the traffic or weather conditions both of which could have a bearing on the final outcome of any case given that a court would have to take into consideration any aggravating factors such as you speed being grossly inappropriate because the traffic was very heavy or if there had been thick fog, for example. Not the performance I'd normally expect from traffic officers.


The traffic and weather conditions are both mentioned in page one of the OPs docs.
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Miridor
post Wed, 13 Aug 2008 - 08:58
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QUOTE (Naughty1 @ Tue, 12 Aug 2008 - 22:57) *
The problem is that there were two officers and you were on your own. To put it in perspective, I know of a case where there were two medical professionals in a car which was stopped for speeding in the middle of the night. They were doing 80 mph at the time on a very curvy bit of unlit motorway and the cop didn't have continuous visual contact. The lone officer decided (and grossly exaggerated) what speed they were doing and when it came to court, guess who the magistrate believed? The Police NEVER lie you know!


I know sad.gif

But plead guilty, they go for the lower of the speeds indicated by the officers (110mph) and i get a ban!

Plead not guilty, go to court and try and show discrepancies in the evidence and statements and i get a ban (Because as say our wounderfull police never lie)

Plead not guilty go to court and due to a technicality or simmalar it gets dismissed (really long shot i know not fooling myself here)

Whats the better of all the evils?!
I think i have to try and protect my job and sanity!
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