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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
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Jo. I was stopped last night. I'd just finished work and I

Customer Question

Hi Jo.
I was stopped for speeding last night. I'd just finished work and I was driving home on my nightly commute. Around 2am. I was on a 70mph carriageway. I take this route every other day and I have done for over six years.
There was a police car in the lane next to me (left), so I made absolutely sure to keep my speed to 70mph on my speedometer. As I did all the way throughout the journey.
Focusing on keeping the car straight and safe. Concentrating on any possible hazards.
I was pulled over pretty much immediately.
The two lady officers put me in the back of the car and said 'Do you know why we've pulled you over?' to which I replied politely 'I've got no idea!' So the driving officer followed with:
'We're just a bit confused as to why, you carried on going 70mph in a 40mph zone knowing there was a police car around you'
My jaw simply hit the floor and I looked her in the eyes and just belted out '*Gasp* Oh my word, I honestly honestly had no idea' - Which I didn't! I was well aware of the roadworks but I was focused too much on the police car! Reference above.
I've been back to the scene tonight and it is indeed, 40mph. For about two hundred yards, longer than I originally thought.
Anyway, she asked if I was drunk, drugged, all to which I replied politely again, 'no definitely not'. Even offered for them to conduct their tests.
She asked if I'd just finished work, to which I replied yes and told her what my job was and where etc.
Meanwhile, she checked my licence status through the radio, car details, date of birth. She then asked for my licence and my work ID.
All checked out fine. She asked about the address on my licence, I replied it was my Dad's. She asked if it was okay to receive post but then was interupted on the radio to which I didn't quite catch what it was.
She asked about Robbie, my work mate who I was taking home. Told her yes he works with me, just dropping him off.
After all that, she looked at me eyeball to eyeball and said very nicely 'Ok we'll let you get on with your night. Be careful!'
I got out the police car, told them both to have a nice night (to which they replied ('you too!')) and I subsequently went home.
No ticket, no warning of any intention of being prosecuted? No mention of court. Absolutely nothing!
I'm so confused but so worried at the same time. I need my car for work, they alleged I was 30mph over the limit. Also my speedometer over-reads by around 7%. When I'm going 70mph (which I definitely was), I'm really doing 65mph. This could make a hell of a difference should any action be taken. Police speedometers are calibrated accurately. Whereas the common car isn't.
She said I was doing 70mph, Which I was... On my speedometer.
Though, technically, 70mph on my speedo is 65mph according to all the satnavs I've used. She may have guessed my speed going from her police accurate speedometer?
So, couldn't that more or less put an end to the 'being recorded' situation, as she would of given me a precise mph from her special police car equipment?
Have I got lucky? It was a massively genuine mistake.
Thank you for your time Jo.
Kindest regards.
Phil.
Submitted: 10 months ago.
Category: UK Traffic Law
Customer: replied 10 months ago.
I must add, I didn't admit to anything in the police car. Nor did they ask me any questions other than what I've mentioned above.I was shown, no evidence in their car. I was not asked to sign anything at all.I take massive pride in my licence and I've never had points. I'd regard myself as a really experienced, safe, vigilant driver. I feel very ashamed of what's happened.I am very worried. I can't sleep. I need my car for work.Kind regards,Phil.
Expert:  Jo C. replied 10 months ago.

So, in short, she didn't give you an don immediately?

Expert:  Jo C. replied 10 months ago.

Sorry, an f p n

Customer: replied 10 months ago.
Hi Jo.Nope, absolutely nothing!
Expert:  Jo C. replied 9 months ago.

Sorry for the delay.

The fact that you weren't given a HORT/1 or an FPN does not mean that they cannot prosecute. All they would have to do is tell you at scene that you may be prosecuted and the words that you will be reported would be enough. There is a very low test.

Then they would have six months to summons you.

However, it would be common practice to give you an FPN at scene and if it wasn't done then that might imply that they have exercised their discretion in your favour. Or it might just be that she didn't have any on her at the time.

Can I clarify anything for you?

Jo

Customer: replied 9 months ago.
Thank you for the reply Jo.No. I was not told in any way that I would be prosecuted. Neither verbally or physically with any paperwork.So, in your opinion - You think they have exercised their discretion?The two of them were really nice with me. Thorough with the detail checking but really nice.Phil.
Expert:  Jo C. replied 9 months ago.

All they would have to do is tell you at scene that you may be prosecuted and the words that you will be reported would be enough. There is a very low test.

It is possible that they have exercised their discretion in your favour. Or it might be just that they didn't have FPN forms on them.

Customer: replied 9 months ago.
Hi Jo.What do you mean exactly by 'very low test'Thank you.Phil.
Expert:  Jo C. replied 9 months ago.

They just have to say something like there is a risk that you will be prosecuted. Saying that you will be reported is enough.

They can always send out a NIP anyway.

Customer: replied 9 months ago.
Oh ok. Thank you.Well, there was no mention of prosecution.No mention of being reported.No mention of being issued anything.I just hope the officers used their discretion, Jo.Phil.
Expert:  Jo C. replied 9 months ago.

Yes, they do sometimes.

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