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How bad is this?
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02-13-2013, 03:37 AM | #23 |
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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.
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02-13-2013, 03:42 AM | #24 |
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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
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Current: 2021 G21 330i M-Sport Previous: 2018 A6 Avant S-Line MMI+, 2014 F31 320d M-Sport, 2013 F10 520d M-Sport, 2011 F10 530d M-Sport, 2008 320i M-Sport Coupe, 2002 325i, 2001 318i valvetronic, 1998 318i, 1996 525i, 1990 Porsche 944S2 |
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02-15-2013, 05:04 AM | #25 | |
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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. |
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02-15-2013, 05:05 AM | #26 | |
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02-15-2013, 05:07 AM | #27 | |
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02-15-2013, 05:12 AM | #28 |
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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. |
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02-15-2013, 05:33 AM | #30 |
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He was cautioned and reported for consideration.
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Ian
Current: 2021 G21 330i M-Sport Previous: 2018 A6 Avant S-Line MMI+, 2014 F31 320d M-Sport, 2013 F10 520d M-Sport, 2011 F10 530d M-Sport, 2008 320i M-Sport Coupe, 2002 325i, 2001 318i valvetronic, 1998 318i, 1996 525i, 1990 Porsche 944S2 |
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02-15-2013, 05:40 AM | #31 |
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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... |
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02-15-2013, 05:51 AM | #32 |
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If he's reported for summons then the summons doesn't have to arrive within 2 weeks.
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Ian
Current: 2021 G21 330i M-Sport Previous: 2018 A6 Avant S-Line MMI+, 2014 F31 320d M-Sport, 2013 F10 520d M-Sport, 2011 F10 530d M-Sport, 2008 320i M-Sport Coupe, 2002 325i, 2001 318i valvetronic, 1998 318i, 1996 525i, 1990 Porsche 944S2 |
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02-15-2013, 06:01 AM | #33 |
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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. |
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02-15-2013, 06:03 AM | #34 |
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02-15-2013, 07:19 AM | #35 |
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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.
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Ian
Current: 2021 G21 330i M-Sport Previous: 2018 A6 Avant S-Line MMI+, 2014 F31 320d M-Sport, 2013 F10 520d M-Sport, 2011 F10 530d M-Sport, 2008 320i M-Sport Coupe, 2002 325i, 2001 318i valvetronic, 1998 318i, 1996 525i, 1990 Porsche 944S2 |
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02-15-2013, 06:59 PM | #38 | |
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I know the feeling - just gotta pray that you reach that 6 month milestone without being summons and you can breath easy again |
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02-15-2013, 07:14 PM | #39 |
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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... |
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02-16-2013, 02:43 AM | #40 | |
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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? |
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02-18-2013, 01:47 AM | #42 | |
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And yes, I was referring to the bath! |
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02-18-2013, 03:16 AM | #43 |
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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
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