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"Mistaken" Seatbelt Offence - Advice Please!! :- Fighting in court, Threads merged
Bestfootie
post Tue, 7 May 2019 - 13:04
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Hi all, I signed up a long time ago though it must have been a long time since I was actually on here as couldn't even remember the name of the site!

I was stopped a couple of weeks ago for allegedly failing to wear a seatbelt. I was driving on a high street, there were two police officers on motorbikes hiding down a side road. They pulled me over, I wound down the window partially (they wanted me to wind down fully, I explained that was sufficient for them to communicate with me). They asked me for my details. I questioned if I were legally obligated to provide that information. They said yes. This was false (in a sense, as I understand that under PACE all they can ask for is for me to produce my details at a police station within seven days).

In any case, once I'd pulled over and while the two police officers were conversing privately, for my own protection I began filming the conversation on my mobile phone that was in the cradle. I explained to them that I am filming them for my own protection. In the video you can clearly see I am wearing a seatbelt. They allege that I wasn't.

I received a COFP and my question is really what the forum thinks are my chances of winning in court. The evidence I have:- my video; a future witness statement by me if I were to provide one; reasonable doubt by the distance the police were from the vehicle (sideways on and about 30 - 40 metres away so no idea how they could claim to see what I was wearing from there). Police's evidence:- two officers saying the same thing. They cannot have video evidence to the contrary as it didn't happen.

So on money-saving purposes and more importantly principle, I am very inclined to fight this.

Please could people provide any advice/experience with fighting this in court. If I should reply to the COFP (if so is there an email address) or just wait for any summons if one is made? What stage do I have a right to request disclosure of police evidence?

Thanks all!

J

This post has been edited by Bestfootie: Tue, 7 May 2019 - 13:18


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?מי ישמור על השומרים
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post Tue, 7 May 2019 - 13:04
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cp8759
post Fri, 20 Sep 2019 - 20:47
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QUOTE (Bestfootie @ Tue, 17 Sep 2019 - 00:50) *
Thank you for your help! Both have been done.

Are you or anyone with expertise in this area free (and eager!) to attend the hearing with me on 25 September in London?

Sure, if you're happy to pay for my travel, accommodation and loss of earnings, but I doubt it would be worthwhile.

Have you had the initial details of the prosecution case? If so, post up the witness statements, or whatever else it is that you've received. Did you get photos of the car as suggested earlier on in the thread?


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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.
No, I am not a lawyer.
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