Help - Search - Members - Calendar
Full Version: Got pulled over ..... then let off.
FightBack Forums > Queries > Speeding and other Criminal Offences
M12MTR
Hi all. Looking for some advice and your knowledge.

On Sunday gone I was travelling on a 70mph dual carriageway .... pressing on but never above 78mph as I had my speed limiter on.

The road merged into 4 lanes so I indicated left to go in the nearside Lane (as the highway code states) only to see overhead signs which stated left 2 lanes were to turn off to another dual carriageway..... so I indicated right to head back to my correct road and continue North.

As I was continuing with my journey I did pass on the inside an Asda HGV who was in Lane 3.

I continued up the road. About 5 miles later a marked BMW 5 Series came flying up my rear with his lights on. I immediately pulled over into the petrol station about 300m up the road.

The policeman said he was tailing my driving for several miles and he said I overtook on the inside and was driving well in excess of the speed limit. He showed me his video.... he was a good 400m behind me with several cars in between us with no actual clear view of my car.

I was polite and explained I didn't know the road as never travel it and I genuinely moved left to follow the road and then realised I was on the wrong road and then corrected my road lane. My indicators were clearly seen to show my intentions. He then claimed I "must have been doing nearly 100mph as he had to do 120mph plus to catch me".

I was polite and explained I couldn't have been doing such speed and that he was chasing me to catch me hence his high speed.

He didn't seem interested and I thought he was going to throw the book at me. Then he received a call on his ear piece.... and he then ignored me.... he dropped the rear windows and then said he could smell alcohol..... it was 4.20pm and I didn't have a drop all day at all... I suggested it was the fish and chips (vinegar) me and my son had shared 30 minutes earlier in Whitby.... to which he gave me the talk about "I've been a patrol officer for.... and I know the smell when I smell it" so he breathalysed me..... zero was the result. As it should be.

Then he told me to open the rear door myself..... as he got another call on his ear piece.... I tried but the child locks were on.... to which he said "that's why I dropped the windows.... use the outside handle.... get out as a more important call has come through.... off you go" he said.

I said "sorry and my lesson is learned".... to which I walked to my car and he got a stinger out his boot and readied it for use next to the road.

I drove to the other side of the petrol station car park and watched him for a couple of minutes. He waited and spoke on his radio..... for another car for him to stop I presume. I decided not to hang about any longer.

My question is will I receive a NIP / summons in the post following this?

He never stated that he was reporting me or even looked at or took my driving licence details. In fact the only thing he asked was "is it your car?".

Your help is much appreciated.

Mark.
BaggieBoy
QUOTE (M12MTR @ Fri, 3 Nov 2017 - 18:02) *
My question is will I receive a NIP / summons in the post following this?

Very unlikely IMO.
cp8759
From what you've said he has no evidence of an offence. Assuming he cautioned you, maybe he said "you must have been doing over 100" in the hope you might reply "I was doing 87 tops" and then he'd have an admission, but as you admitted nothing incriminating and he obviously didn't have good enough video evidence, I suspect you won't hear anything further.
M12MTR
No mention of the word "caution" at all.
So he was fishing for me to confess?

But can the Police send a summons/ NIP after the event when there was no mention at all of "I'm reporting you / you will be prosecuted...." or similar said?
southpaw82
QUOTE (M12MTR @ Fri, 3 Nov 2017 - 18:37) *
No mention of the word "caution" at all.
So he was fishing for me to confess?


Doesn't sound like it, no.

QUOTE
But can the Police send a summons/ NIP after the event when there was no mention at all of "I'm reporting you / you will be prosecuted...." or similar said?

Yes but it's unlikely to happen. Put it out of your mind.
Ocelot
There have been other (rare) cases reported here in the past of something similar. I'm not aware of any of the posters updating to say that they have subsequently been prosecuted.
M12MTR
Thanks for the responses.
So does the (single crewed) Police officer HAVE to tell you that "you are being reported for ........" before he let's you go ??
Or can he let you go without a mention of the "future charge" and you then hear in the post of a summons?
Jlc
QUOTE (M12MTR @ Sat, 4 Nov 2017 - 08:56) *
So does the (single crewed) Police officer HAVE to tell you that "you are being reported for ........" before he let's you go ??
Or can he let you go without a mention of the "future charge" and you then hear in the post of a summons?

There's no 100% precise verbal NIP wording but from what you've said it doesn't sound like he issued one.

You're probably overthinking this (understandable) but I doubt you'll hear any more.
Churchmouse
QUOTE (cp8759 @ Fri, 3 Nov 2017 - 18:27) *
From what you've said he has no evidence of an offence. Assuming he cautioned you, maybe he said "you must have been doing over 100" in the hope you might reply "I was doing 87 tops" and then he'd have an admission, but as you admitted nothing incriminating and he obviously didn't have good enough video evidence, I suspect you won't hear anything further.

We've heard the "I had to drive at 120mph to catch up to you" line so many times before I have always wondered if it was just a way to prompt an admission, as you suggest, or a genuine (and rather inexcusable) ignorance of the time-speed-distance relationship?

--Churchmouse
Earl Purple
They don't like attitude, but I think they are only allowed to drive that fast in case of an emergency, not simply to catch someone they think is speeding.

Such a person they should just tail gathering evidence then send the NIP.

So if it went to court they might incriminate themselves...
peterguk
QUOTE (Earl Purple @ Sun, 5 Nov 2017 - 09:59) *
I think they are only allowed to drive that fast in case of an emergency, not simply to catch someone they think is speeding.

So if it went to court they might incriminate themselves...


Huh?
AntonyMMM
QUOTE (Earl Purple @ Sun, 5 Nov 2017 - 09:59) *
They don't like attitude, but I think they are only allowed to drive that fast in case of an emergency, not simply to catch someone they think is speeding.


They are allowed to travel at whatever speed necessary to catch a speeding motorist - but there are guidelines about pursuits and the authority required, and the safety of other road users.

It sounds like you were just very lucky and he was forced to break off to deal with another incident - it is possible that a NIP could follow but probably very unlikely.

Forget the stuff about cautions/admissions/confessions - they are of no real relevance in a speeding prosecution
southpaw82
QUOTE (Earl Purple @ Sun, 5 Nov 2017 - 09:59) *
They don't like attitude, but I think they are only allowed to drive that fast in case of an emergency, not simply to catch someone they think is speeding.

Such a person they should just tail gathering evidence then send the NIP.

So if it went to court they might incriminate themselves...

You are wrong.
M12MTR
QUOTE (AntonyMMM @ Sun, 5 Nov 2017 - 10:10) *
[quote name='Earl Purple' post='1329168' date='Sun, 5 Nov 2017 -

It sounds like you were just very lucky and he was forced to break off to deal with another incident - it is possible that a NIP could follow but probably very unlikely.


Yes I agree I seemed very lucky...... but zero words were said about a follow up or I will be reported / summoned.
So is it up to the officer whether he does file it for reporting me at the end of his shift?

But you think it's very unlikely that a NIP / summons will be sent ??(due to lack of actual evidence of my 'speeding' and my actual reason for using the left hand lane of 4?).
Ocelot
QUOTE (southpaw82 @ Sun, 5 Nov 2017 - 11:10) *
QUOTE (Earl Purple @ Sun, 5 Nov 2017 - 09:59) *
They don't like attitude, but I think they are only allowed to drive that fast in case of an emergency, not simply to catch someone they think is speeding.

Such a person they should just tail gathering evidence then send the NIP.

So if it went to court they might incriminate themselves...

You are wrong.


True, but I've always thought it a little strange when they say things like 'You must have been going 90 on this motorway. That is dangerous - I had to go at 140 just to catch you.'
southpaw82
QUOTE (Ocelot @ Sun, 5 Nov 2017 - 13:36) *
True, but I've always thought it a little strange when they say things like 'You must have been going 90 on this motorway. That is dangerous - I had to go at 140 just to catch you.'

True but you have to remember that police drivers are all god like and would never have an accident ever.
M12MTR
Does anyone know if the Police did send me anything would it be a NIP and arrive within circa 14 days or would it be a SJP within 6 months?
(Sweating here). Thx.
Jlc
Without your name/address they can't take you to court. (It doesn't sound like they have these?)

If the officer noted the car registration then they'd need to send a NIP/s172 to the registered keeper to identify the driver.

You're still overthinking this.
M12MTR
Thanks Jlc. Yes you could be right. I just think their 'powers' are unknown and me not knowing is pretty unfair.

Would they not obtain my details from the Reg no? (Should 'he' decide to take it further??).

Ta.
southpaw82
I think you're over thinking this.
BaggieBoy
QUOTE (M12MTR @ Tue, 7 Nov 2017 - 20:31) *
Would they not obtain my details from the Reg no? (Should 'he' decide to take it further??).


That's what JLC said:

QUOTE
If the officer noted the car registration then they'd need to send a NIP/s172 to the registered keeper to identify the driver.
M12MTR
Hi all.

Just to update this thread. 6 months passed (since I was stopped by the patrol car) on Sunday 29th April. And so far nothing in the post.

Does anyone know if the Police were to send a summons does this have to arrive WITHIN 6 months or SCRIPTED within 6 months . .... meaning it 'may' arrive in the post anytime now?

(Granted I may be over thinking this - fingers crossed).

Thanks for all help / advice.
Jlc
It could still arrive after 6 months. I'd give it another painful 4 weeks.
M12MTR
Cheers. Not to be pedantic but how can the authorities be allowed to 'extend' the time frames?
The Rookie
They can’t, they have to commence proceedings (raising the paperwork) within six months, however sending it to you can happen outside that.
southpaw82
QUOTE (M12MTR @ Tue, 1 May 2018 - 20:55) *
Cheers. Not to be pedantic but how can the authorities be allowed to 'extend' the time frames?

They aren’t. There is no requirement to serve the paperwork within six months, so they’re not extending the time frame at all.
BaggieBoy
QUOTE (M12MTR @ Tue, 1 May 2018 - 20:55) *
Cheers. Not to be pedantic but how can the authorities be allowed to 'extend' the time frames?

They can't. They have to raise the paperwork within 6 months, it can take a few weeks before it is served.
BertB
QUOTE (M12MTR @ Tue, 1 May 2018 - 19:27) *
Hi all.

Just to update this thread. 6 months passed (since I was stopped by the patrol car) on Sunday 29th April. And so far nothing in the post.

Does anyone know if the Police were to send a summons does this have to arrive WITHIN 6 months or SCRIPTED within 6 months . .... meaning it 'may' arrive in the post anytime now?

(Granted I may be over thinking this - fingers crossed).

Thanks for all help / advice.


Did you ever receive a request to identify the driver through the post?

QUOTE (M12MTR @ Tue, 1 May 2018 - 19:27) *
(Granted I may be over thinking this - fingers crossed).


That does seem to have been the theme of the thread laugh.gif
M12MTR
No request to identify the driver / no NIP in post or at time of stop by Policeman.
southpaw82
QUOTE (M12MTR @ Wed, 2 May 2018 - 17:15) *
No request to identify the driver / no NIP in post or at time of stop by Policeman.

Did you identify yourself to the police officer? If so, no need for a s 172.

If the officer warned you that you might be prosecuted, no need for an NIP.
M12MTR
No. As earlier post:
At the time of stop only asked "is it your vehicle?". No other questions about me or my details at all.
Also no mention of "you will be prosecuted / reported to.... " or anything similar.
southpaw82
I really CBA reading back through your thread. It sounds like nothing more will come of it.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.