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ScotsLawPro, Solicitor
Category: Scots Law
Satisfied Customers: 1290
Experience:  LLB (Hons), Dip LP, NP
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i was recently stopped by the police in scotland for speeding

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i was recently stopped by the police in scotland for speeding and dangerous driving which i am contesting, however when i recieved the citation from the procurator fiscal there are serious errors. there were two officers in the car one male one female, i was cautioned by the male officer solely, however the female has stated she was the one who cautioned and charged me. blatantly untrue, how does this affect the citation?



Thank you for your question.


These discrepancies that you talk about do not affect the citation. These are matters that require to be addressed during the course of the trial. You should return your citation pleading not guilty and await dates for further hearings. After this you should decide whether you are instructing a solicitor. Unless you have very high earnings you will almost certainly get legal aid. This is based on the fact that dangerous driving carries an automatic ban of 1 year minimum and a resit test condition before you are allowed to drive again.


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Customer: replied 8 years ago.
ok, understand your point re plea,sorry should have been more specific so here goes. was stopped and accused of speeding and dangerous driving, was told that an exact speed measurement was not possible as another car had pulled out between police car nad myself whilst he was pacing me, police officers words. i was cautioned at road side with a report of dangerous driving to be passed to pf. however when citation recieved it clearly records a speeding charge AND dangerous driving, but the officer who said nothing has claimed responsibility for cautioning and charging me when she said nothing . I appreciate typographical errors are overlooked but i was not cautioned re speeding, and the officer was not the one who cautioned me but states she was?, i made comprehensive notes immediately after but am 100% confident of what i was cautioned for and by whom. suggestions and thank you

Hi again


The charges will likely be libelled as an alternative. It will be one or the other. They will try to have you convicted of the first charge, likely dangerous driving, and if that fails the speeding is the fall back position. They will almost certainly have an estimated speed.


The fact that you have been cautioned re dangerous driving is enough, the PF has decided to libel the alternative. You caution for DD satisfies the section 1 warning/ Notice of Intended Prosecution requirements. Any dispute over who c and c'd you goes towards credibility and is a trial matter and not a preliminary matter that would negate proceedings.



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