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FightBack Forums > Queries > Speeding and other Criminal Offences
17-08-09
Hi guys this is my first post please bear with me.

Offence taken place: 31st May 2013
Offence: Driving Dangerously

Ace Cafe (bikers cafe) held an event I met with some other bikers (I don't know personally) and we rode down their. If any if you know ace cafe gets very busy with cars and bikers. I carry a helmet camera on my helmet which was recording during that night and a few people doing wheelies and donuts on the ace cafe road. Their where police cars going up and down and nothing was said or done. Wardens in orange hi vis from ace cafe where out and I thought it was a privatised event.


As the night went on I thought id attempt doing wheelies. It wasn't as busy so I thought what the heck to my self.

Cut the story short. I was just about to leave but thought id do wheelie as I turned in the rode to head home a police van pulled me over and a officer came rushing out and told me to move near the fence. As soon as I saw them I turned the bike off put it on stand anyway.

Another 2 officers came out and surrounded me, to be fair I was quiet startled with what was happening. This officer told me to take my helmet off while he done some checks on the bike which came out clear. ( I have never been in trouble by the police and have a clean licence) ive had my licence for over 2 years and currently 20.

Two officers still by my side and the officer who seemed to be in charge came back and said everything was clear and double checked my name etc he spotted the camera and told me to turn it off and I did (which I shouldn't of thinking of it now). He then told me I'm being done for dangerous driving and I started to panic. He then kept saying im not sure if im going to take ur camera or not yet and he kept going back n forth to the van.

After 5minutes he came back saying I have the right to remain silent etc and I thought the worst. He then filled out a small paper booklet in front of me and told me I will receive a court summons in a few weeks. (Still not recieved).

He didn't give me any paper work and then said to hand over my camera which I didn't want to so I said can I give the memory card which he said ok however as I was shakey I couldn't get it out which he then tried to grab my whole lid and I didn't want him to the other officer grabbed my wrist and and this point I just let it be and the officer said I can just collect the camera from his station as he couldn't get the memory card either.

I took his badge number incase and his station so I can contact them to get the camera back, after chasing for a week I got it back but not the memory card. I commute in and out of london for work and I wear it for insurance reasons e.g. cars pulling out etc so ideally I wanted it back asap.

I still haven't received anything about what is happening. Its been approx 2 months. Is their a deadline? Did the officers have the right to take my camera? Can they use it against me?

Riding to ace I was recording and some bikers I was travelling with where filtering and speeding and another was doing wheelies. I was filtering/speeding.. I know filtering is legal however speeding isnt..

I'm really worried that they may take my licence away. I really do not want this to happen as I use my bike for work and my mother who is disabled relys on me to drive the car to go to hospital etc.


Any advice would be much appreciated.
southpaw82
If convicted of dangerous driving you face a minimum 12 month ban. You may want to consider pleading to careless driving instead.

Yes, they can seize your camera under s. 19 of PACE.
Korting
Have the Police got the right to ask you to stop recording? Why would they want to do that?
morrisman
QUOTE (Michael 194 @ Mon, 15 Jul 2013 - 20:55) *
Have the Police got the right to ask you to stop recording? Why would they want to do that?


http://www.urban75.org/photos/met-police-p...phy-advice.html
sgtdixie
Of course they can ask. They just can't do anything if you carry on.
Logician
I think more to the point is that the officer seized a camera he believed contained evidence of the OP committing offences, apparently correctly. He could seize it to prevent the evidence being destroyed.

OP, you may have to wait up to 6 months to find out what is happening, and whether you are to be charged with dangerous driving or careless driving. If it is DD, you may want to consider instructing a solicitor who would be better placed to negotiate over pleading G to the lesser charge of careless driving. As stated above, DD carries severe consequences.
fedup2
QUOTE (sgtdixie @ Mon, 15 Jul 2013 - 22:02) *
Of course they can ask. They just can't do anything if you carry on.




Thats not the way it works in reality though is it? Especially when they know the person doing it is a little naive regarding law and its likely it will be paid for one way or another if turning it off is refused.
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