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Traffic offence report----speed not recorded
Truckman1965
post Wed, 16 Jul 2014 - 19:28
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Hi to everyone
This is my first post
I was stopped by a traffic car a couple of nights ago on the M6 for speeding
I was given a traffic offence report , cautioned and informed of NIP to which I signed

On further looking at the TOR I have noticed there has been no speed entered in the recorded speed box----it's been left blank

Mine is the duplicate copy , so if when the officers fill in their report / pass it on to the next department they have no recorded speed on their copy of the TOR.
If they add it on to the original top copy this then differs from mine which states "restricted (when complete)". , so if the police's copy is different to mine is this seen as altering the evidence ?

Am I clutching at straws or do I have a valid get out----- the fundamental piece of information required to prosecute is missing on the TOR.

They also have the colour of the car wrong and the model is not legible
One digit on the vehicle registration is also a bit dubious

All my Personall details are correct and legible (name DOB and address)

Advice from other forum members would be greatly appreciated

Thanks
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post Wed, 16 Jul 2014 - 19:28
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uk_mike
post Wed, 16 Jul 2014 - 19:40
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Any prosecution will be based on the officers notebook and verbal evidence.

The TOR is simply administration, used by the back office to decide how to deal with the matter. It is likely that without a speed they will use the lowest available option (course of COFP), if the speed was in the range where a summons would normally be issued the officer may well have done you a favor by leaving it blank.

It would not have my bearing on a prosecution unless you tried to admit it as evidence in an attempt to cast doubt on the constable's evidence. But frankly failing to complete some bits won't cast much doubt on anything and trying to suggest that the officer altered the details after the fact will not go down well with the bench.

Take care you don't land yourself a higher penalty, we see a lot of people who squander low penalties while trying to exploit non existent loopholes.
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The Rookie
post Thu, 17 Jul 2014 - 02:17
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As the report is after the event it is unlikely to be used as any evidence, whilst it is evidence, it would a only be falsifying if he tried to claim you were doing a speed you were not.


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