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martin55555
I was stopped for speeding on Saturday night on A75 in Dumfrieshire .

THE PROCESS OF EVENTS.

I had just passed a lorry that was wandering all over the road and told my son I wanted to pass the car up front before the big hill down gatehouse in case the lorry ran in to us.

I passed the car and as I passed it I COULD HAVE JUST CROSSED THE DOUBLE WHITE LINES ON THE ROAD.

I slowed back down to 60/65mph , I noticed a car had caught up to the one I had just over taken . It sat behind it for a mile or so then over took it. The blue light went on and I was STOPPED at the next parking area.

I was asked to go in to back of police car .

The first thing I said to them was did you see the lorry driving dangerously all over the road , They said no but they said they did pass the lorry. I explained my reason for speeding was to get a safe distance from the lorry.
They did not accept this.

I WAS TOLD I would be charged with speeding at 79mph and crossing a double white line.

I asked them were they were as I HAD NOT SEEN THEM ON THE A75 they said that they were of the road on a back road, I also asked they if they were both sat in the car they said yes.

I then asked if the speed gun had been calibrated they said it was as the factory , I asked if it had been done that day they said yes in the morning they both calibrated it , I then asked them to prove it that is when they started to get lippy saying I was going to fast and it was dangerous.

I THEN ASKED THEM TO SHOW ME THE VIDEO OF ME CROSSING THE DOUBLE WHITE LINE , They said they could not as it had to down loaded back at the station. But I WAS MORE THAN WELCOME TO SEE IT AT DUMFRIES STATION.

I WAS CAUTIONED AND ASKED IF I HAD ANYTHING TO SAY, I said I HAD ASKED FOR PROOF OF LASER GUN CALIBRATION AND WAS NOT SHOWN ALSO THAT I WAS NOT SHOWN VIDEO OF ME CROSSING DOUBLE WHITE LINE ON VIDEO AND EXPLAINED MY REASON FOR GOING SO FAST.
After my statement I asked if I HAD TO SIGN IT HE SAID NO?.

I THEN GOT ONE OF THE OFFICERS TO ASK MY SON WHO WAS STILL IN MY CAR TO CONFIRM MY REASON FOR GOING SO FAST AS TO GET A GOOD DISTANCE FROM THE DANGEROUS LORRY.

He did this and my son confirmed my reasons 100%.

My Question is have the officers gone about there duties correctly.



mynamegoesinhere
Regardless of the lorry, that's no defence for speeding.
The Rookie
All correct, the lorry driver's driving is not a defence and of course you are much safer sat behind it's accident that being in front when you can't get out it's way.

Crossing the double white lines is also an absolute offence, if you did it was an offence.

There is a defence of duress of circumstances (sometimes called necessity) but as pointed out, neither applies here, as staying behind it would have been far safer.

The speed device is calibrated once a year, daily checks are also performed, when questioning procedures it's better to know what they actually are!

You aren't entitled to any proof/evidence unless or until it goes to court (see note above about procedures).
martin55555
what about not signing my statement and them not being on the same road as the offence and not being in plain sight
peterguk
All sounds in order to me.

QUOTE (martin55555 @ Tue, 10 Nov 2015 - 15:55) *
I slowed back down to 60/65mph

I WAS TOLD I would be charged with speeding at 79mph


Speed limit was?

QUOTE (martin55555 @ Tue, 10 Nov 2015 - 16:22) *
what about not signing my statement and them not being on the same road as the offence and not being in plain sight


Signing statement? You don't have to.

Did they see you commit the offences? Sounds like it.
AntonyMMM
Signing your statement is not an issue - you are invited to, but don't have to. What you said is unlikely to form any part of the evidence of the offences so in practice is irrelevant to the case.

Why do you think they need to be in plain sight ?
martin55555
they were hidden from view .don't they need to be in view on the same road .
The Rookie
No, like witnessing any other criminal offence they can be anywhere as long as they witness it. Contrary to popular opinion there are no special rules in that respect for motoring offences.
Hellfire8
QUOTE (martin55555 @ Tue, 10 Nov 2015 - 16:32) *
they were hidden from view .don't they need to be in view on the same road .


Sure... the same they have to be in plain sight when they witness an assault or murder,

"Sorry Officer, ya can't do me for this here murder as you were hiding round t'corner" sleep.gif

Everything seems correct and if anything sounds like you got a bit argumentative with them, You had no right to see the video and the laser device is presumed working unless proven otherwise.

The whole asking them if they were inside the vehicle, where they were, was the device calibrated would just antagonise the officers more than achieve anything.
NewJudge
I assume this was a single carriageway road (hence the double white lines).That being the case the maximum speed limit prevailing would be 60mph. You slowed down to around 60-65mph.

Should you try to defend this in court on the basis you suggest you may be asked why you risked passing a lorry that was wandering all over a single carriageway road. It is not surprising the officers did not accept that the way you decided to get a safe distance from the lorry (having been perfectly safe behind it) was to speed up.

As has been mentioned, it is most unwise to ask for proof of the calibration of a speed gun at the roadside having been stopped. It is not something to which you are entitled there and then. There is no requirement to provide video evidence of a motoring offence. The testimony of the officers will usually be sufficient to support a prosecution. Whether or not you saw them, they clearly saw you.

So, did the officers go about their duties correctly? Sounds like they did. More pertinently, did you handle the situation as well as you might? Sounds like you didn’t. Anyhow, from what you have described, you have no defence to either charge. You would be wise to accept any fixed penalties you may be offered or, if the matter goes to court, plead guilty.
Hassan2015
Regardless of how you felt when they pulled you over, it always pays to be polite and pleasant to the officers when you are stopped.

Unless you where driving dangerously, or causing other cars to swerve, more than likely they where going to talk to you about it and excersie their discretion. But when you started to get arsy with them, they probably changed their mind and decided to do you for it instead!

Mind you, if they said you were doing 75, when limit is 60, then I think a FP would have been on the cards.

I have been stopped by the BIB, for doing 80 on dual carriageway, and we have had a nice chat and they have always let me off.
martin55555
I was very plesant and nice. But they had already said i was being charged for the offences as soon as i got in the patrol car.
The Rookie
They would have said you would be considered for it, if you pass the attitude test there is usually some chance of improving your lot, though given the combination of offences that was possibly unlikely, that said passing the attitude test has previously got me off a 52 in a 30 and having been caught drifting through a roundabout so it's not impossible.
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