[chris330D]

I've never been pulled before so don't know what normally happens but it seemed strange that he just took a photo of my licence. However it is all on his onboard video and he has proved it was me driving so does he need to do anything else. With the computers I know they can check your details so no need to produce paperwork. Looks like a nervous wait and then court. Interesting point about self representing versus getting a brief.

[xenon]

No he doesn't need to anything other than caution you and say that "you will be reported for the consideration of prosecution for exceeding the speed limit" blah blah.

I'm afraid you have a nervous wait now

[Mart1000]

Originally Posted by xenon

No he doesn't need to anything other than caution you and say that "you will be reported for the consideration of prosecution for exceeding the speed limit" blah blah.

I'm afraid you have a nervous wait now

The above is correct. Just wait and see what happens.

As for the ban question, a ban would almost certainly be looked at being twice the posted limit.

My only advice to you is this...
Don't talk about the ins & outs of this on a forum like this for now, just until its over. Also if the summons arrives, get a GOOD solicitor if you are gonna contest it.

Good luck mate.

[Mart1000]

Originally Posted by jimbo666

If he did not report you or NIP you, I doubt anything will happen. Even if it does, I would suggest he has not followed process. It's all well and good Cautioning you when you get in the car, but you should have been reported/NIP'd and Cautioned at the end of the process.

This is all unless you get NIP'd within 14days of the incident via the post.

Wrong, sorry.

[Mart1000]

Originally Posted by AlanQS

Did he really say "how fast he THOUGHT you were going".? It's scandalous in this day and age if you can be done on the opinion of an officer as to your speed since police officers aren't any better than the average person, at judging actual speeds. (No amount of training can give you a speedometer in your head).

The video equipment, if used properly should have a read-out of your speed and the cop car's speed but I have seen in the past that the cop car's speed is used in prosecution - wrong, as he is obviously going faster than you are, in order to catch you up.

For these reasons, seek legal advice.

It's odd that you didn't get any paperwork at the time, could it have been a wind-up to make you more careful in the future?

Regarding the video...again wrong, sorry bro.

[Mart1000]

Originally Posted by lemonukas

http://www.roadsupervisors.net/aesf.your-rights.htm

Please guys ignore this load of old shit. A couple of paragraphs are right but that's just common sense stuff. Do half of the stuff it suggests and trust me your likely to be sitting on a polo cushion for a fair while.

PepiPOO is the same.

[jimbo666]

Originally Posted by Mart1000

Wrong, sorry.

Please expand?

[xenon]

Originally Posted by jimbo666

Please expand?

He was cautioned and reported for consideration.

[Mart1000]

First off, he was cautioned as soon as he got into the car. This is good practice and correct.

However, the fact that someone has been cautioned it doesn't mean they have been reported for an offence (which is I think what you were getting at?). BUT because of the warning formula wording, sometimes people are unsure they have actually be reported for it. Although there is a stated case, the outcome isn't what is reported online, the onus is always on the defendant to prove otherwise.

The is no direct process, as long as certain things are said and recorded. The fact that the car had video suggests interior recording including audio also.

The reporting and or cautioning should NEVER be done at the end, as everything in front of that then becomes inadmisible, and also an unlawful interview under pace guidelines.

He was correctly cautioned, no paperwork was given as its a summons, and even he the warning formula was not given at the time, it could be forwarded within the 2 weeks (as you said mate).

P.s sorry for saying 'wrong' and buggering off, that was fairly rude, but I had to jump in the bath lol...

[xenon]

If he's reported for summons then the summons doesn't have to arrive within 2 weeks.

[jimbo666]

No worries, I hope you are squeaky clean!

I was not alluding that being cautioned first off is being reported. It would seem my force have been doing the wrong thing for years then. It's how we've always done it when issuing a E/FPN, HO/RT1, NIP or a simple summons etc.

[jimbo666]

Originally Posted by xenon

If he's reported for summons then the summons doesn't have to arrive within 2 weeks.

No, but a NIP has to be given within 14 days for certain offences in certain situations.

[xenon]

Understood but the officer saying that the person "is being reported for consideration" is and of itself a "notice of intended prosecution" and no further correspondance is needed before the summons is issued which can be many months.

[chris330D]

Thanks to Mart for the advice. I won't be commenting further on this apart from saying it sucks coming home each day wondering if I will have a summons or not .

[RichJ]

Hope things work out ok for you.

[Subzero2003]

Originally Posted by xenon

Understood but the officer saying that the person "is being reported for consideration" is and of itself a "notice of intended prosecution" and no further correspondance is needed before the summons is issued which can be many months.

This, but it is also good practice to follow this up with an NIP in writing also, to prevent possible defences.

Originally Posted by chris330D

Thanks to Mart for the advice. I won't be commenting further on this apart from saying it sucks coming home each day wondering if I will have a summons or not .

I know the feeling - just gotta pray that you reach that 6 month milestone without being summons and you can breath easy again

[zltm089]

Sorry to hear this.

I reckon it would be a ban, fine and maybe some points.

I had a clean record for like 5/6 years...

but got done at 107mph...

[Mart1000]

Originally Posted by jimbo666

No worries, I hope you are squeaky clean!

I was not alluding that being cautioned first off is being reported. It would seem my force have been doing the wrong thing for years then. It's how we've always done it when issuing a E/FPN, HO/RT1, NIP or a simple summons etc.

If you look at my post again, I did say there's no hard and fast rule. However that said, can you explain why your force would issue fpn/e's etc and not explain until the end that they are being reported? That doesn't make sense.

HO/RT1 still used? They haven't been used in the Met for over 2 years now.

As for the squeaky clean, I don't know what your getting at there?

[quattrogmbh]

Originally Posted by Mart1000

As for the squeaky clean, I don't know what your getting at there?

You said you were jumping in the bath LOL

[jimbo666]

Originally Posted by Mart1000

If you look at my post again, I did say there's no hard and fast rule. However that said, can you explain why your force would issue fpn/e's etc and not explain until the end that they are being reported? That doesn't make sense.

HO/RT1 still used? They haven't been used in the Met for over 2 years now.

As for the squeaky clean, I don't know what your getting at there?

Yes HO/RT1 are still widely used in my force. As for the rest, I think we agree to put it down to a difference of process and say no more.

And yes, I was referring to the bath!

[MEGA]

Assuming you do get a summons...

Daughter phoned you in tears and due to the situation with your wife you sped home to get to her as fast as you could. Didn't think about anything else. Spill the beans about what has gone on, tell them how awful things have been - and really really think deep about it in court. Represent yourself. You're likely to get upset when telling this tale due to the legitimate emotion - and that's only going to work in your favour.

Explain that you need your license to get to work and you are a single parent now.

You'll NEVER get banned under these circumstances. It will be 6 points max.


You may as well use one shit situation to get out of another one fella.


Dave

[Mart1000]

Originally Posted by jimbo666

And yes, I was referring to the bath!

Sorry I was was having a blonde moment