Fibs on a summons (!)
Discussion
After a 3½ month wait, I have finally been summonsed for excess speed on the motorway. It was momentary; I won't go into the details.
However, having thought I ought to have passed the attitude test with flying colours, I was shocked to read gross misrepresentations of things I said in the witness statement.
One is a changing of my words to give a much worse impression of my attitude. A second is a taking of other words entirely out of context to the same effect. Two sentences are shown as if said one after the other, rather than at different parts of a fifteen minute conversation. Finally, there is mention that I did not have a driving licence with me, even though I did but was not asked for it.
I was speeding (at less than the police subsequently recommended to me when I first saw them following me, but at rather more - momentarily - when they LASERed me from an 'on' slip road). I was expecting a short ban. I fear that these misrepresentations may help lead to a longer one.
Some of what they say is blatantly untrue. I have no witness to that. What can I do?
However, having thought I ought to have passed the attitude test with flying colours, I was shocked to read gross misrepresentations of things I said in the witness statement.
One is a changing of my words to give a much worse impression of my attitude. A second is a taking of other words entirely out of context to the same effect. Two sentences are shown as if said one after the other, rather than at different parts of a fifteen minute conversation. Finally, there is mention that I did not have a driving licence with me, even though I did but was not asked for it.
I was speeding (at less than the police subsequently recommended to me when I first saw them following me, but at rather more - momentarily - when they LASERed me from an 'on' slip road). I was expecting a short ban. I fear that these misrepresentations may help lead to a longer one.
Some of what they say is blatantly untrue. I have no witness to that. What can I do?
...errr, question them under oath in court, and try to catch them out. However Mr Beak will still beleive their word over yours. Grrr.
And, take this as a lesson from now on, and just lie to suit yourself. What's the point in telling the truth if your words get twisted??
A very sad day when you can not trust a policeman. Obviously not one of the PH reading cops then.
C
And, take this as a lesson from now on, and just lie to suit yourself. What's the point in telling the truth if your words get twisted??
A very sad day when you can not trust a policeman. Obviously not one of the PH reading cops then.
C
If you have been pulled for speeding and reported then really your shafted. Mitgating comes in Court and what was said on the day will bare little to what punishment you recieve. My advice is don't bother with excuses how ever geniune (unless matters of life/death), save those for Court then there's less chances of being caught out.
As for what to say in Court I'd check out previous threads, your not on your own.
As for what to say in Court I'd check out previous threads, your not on your own.
Having read previous threads, I was intending to plead guilty and show contrition.
Now that there are inaccuracies in the witness statement, I think I am going to have to appoint a brief and go to some trouble to give the court an accurate impression of me and my attitude.
I wasn't giving excuses at the time. The situation is this:
The statement says "he [I] replied 'I NORMALLY KEEP THE NEEDLE TO THE LEFT OF 100MPH. I'M NOT GOING TO MAKE THE START OF THE BOAT RACE NOW'".
That makes me sound like a w****r who didn't care about the speeding offence. In reality, I said "I am surprised that the reading is that high because I have always made sure I never let the needle move into the right side of the speedometer [i.e. >100mph]". That does not imply I usually drive close to 100mph, as their wording does.
The second sentence was removed from the first by a few minutes and was part of me answering the question as to where I was going, and saying I was happy to be talked through everything for a few minutes since I was in no rush. The implication made by its taking out of context is the opposite.
I said many other things in the back of the car which would show excellent attitude but they have not been noted on the witness statement.
The last inaccuracy is stating that I did not have my licence with me when, in fact, I did but was not asked for it.
I am quite angry about this but suppose I should probably not show that.
Needless to say, my attitude to the police has just changed for the worse.
Now that there are inaccuracies in the witness statement, I think I am going to have to appoint a brief and go to some trouble to give the court an accurate impression of me and my attitude.
I wasn't giving excuses at the time. The situation is this:
The statement says "he [I] replied 'I NORMALLY KEEP THE NEEDLE TO THE LEFT OF 100MPH. I'M NOT GOING TO MAKE THE START OF THE BOAT RACE NOW'".
That makes me sound like a w****r who didn't care about the speeding offence. In reality, I said "I am surprised that the reading is that high because I have always made sure I never let the needle move into the right side of the speedometer [i.e. >100mph]". That does not imply I usually drive close to 100mph, as their wording does.
The second sentence was removed from the first by a few minutes and was part of me answering the question as to where I was going, and saying I was happy to be talked through everything for a few minutes since I was in no rush. The implication made by its taking out of context is the opposite.
I said many other things in the back of the car which would show excellent attitude but they have not been noted on the witness statement.
The last inaccuracy is stating that I did not have my licence with me when, in fact, I did but was not asked for it.
I am quite angry about this but suppose I should probably not show that.
Needless to say, my attitude to the police has just changed for the worse.
Surely then the statement is inaccurate. They clearly haven't used the correct quotation system ie. several dots between sentences. eg shouldn't be
he [I] replied 'I NORMALLY KEEP THE NEEDLE TO THE LEFT OF 100MPH...... I'M NOT GOING TO MAKE THE START OF THE BOAT RACE NOW'".
Without those dots clearly they are misquoting you. I think you're very wise to get a brief on this.
he [I] replied 'I NORMALLY KEEP THE NEEDLE TO THE LEFT OF 100MPH...... I'M NOT GOING TO MAKE THE START OF THE BOAT RACE NOW'".
Without those dots clearly they are misquoting you. I think you're very wise to get a brief on this.
Same thing happened to me, though the offence was for not wearing a safety belt.
I would suggeset you plead guilty, as planned, but be very aologetic in your statement to teh court - whether you actually turn up or just send a letter.
Explain how you were misquoted, but make sure you do notaccuse the police officer of lying.
Just say that you were travelling to the boat race - or whatever it was - but made no mention of the fact that you were running late. Say that u thought the police officer must have insinuated this.
Alternatively, state how you perceived aggression and negative attitude stemmed from your acute embarrassment from being caught for such a careless offence. isolated incident etc.
Finally, as long as yuo appear suitably apologetic, i do not think that it will make much differenceto what the court decides. It grates, but getting a briefmay be a costly waste of time.
Speaking from expericence
Good luck!
I would suggeset you plead guilty, as planned, but be very aologetic in your statement to teh court - whether you actually turn up or just send a letter.
Explain how you were misquoted, but make sure you do notaccuse the police officer of lying.
Just say that you were travelling to the boat race - or whatever it was - but made no mention of the fact that you were running late. Say that u thought the police officer must have insinuated this.
Alternatively, state how you perceived aggression and negative attitude stemmed from your acute embarrassment from being caught for such a careless offence. isolated incident etc.
Finally, as long as yuo appear suitably apologetic, i do not think that it will make much differenceto what the court decides. It grates, but getting a briefmay be a costly waste of time.
Speaking from expericence
Good luck!
Funnily enough, I have now spoken to a brief who suggests writing a letter rather than appearing in court (though he acknowledges I would make a positive impression in court) and who is happy to go over my draft letter, on top of the half hour conversation we just had, for no charge! Who'd have thought it?
He says the fact that I have been offered the opportunity to plead guilty by post implies they are not currently thinking of disqualifying me, and that they cannot do so in one's absence.
Anyone know that to be wrong?
He says the fact that I have been offered the opportunity to plead guilty by post implies they are not currently thinking of disqualifying me, and that they cannot do so in one's absence.
Anyone know that to be wrong?
When I was summoned for speeding (separate offence to above)I was advised (by the AA Legal Helpline) to turn up at court rather than sending a letter.
Subsequently, i received a 14day ban for driving at 101 on the m/way.
Even the usher at the court (hendon magistrates) commented that i had followed the correct course of action by turning up. He reckoned that the magistrates had a fairly blanket approach to dealing with letters, dispensing standard penalties.
At least if you turn up, you can demonstrate genuine remorse to the bench, as opposed to firing off a nicely worded letter.
I'd get lawyer friend to write the letter, then go to court and read it out as your statement.
Subsequently, i received a 14day ban for driving at 101 on the m/way.
Even the usher at the court (hendon magistrates) commented that i had followed the correct course of action by turning up. He reckoned that the magistrates had a fairly blanket approach to dealing with letters, dispensing standard penalties.
At least if you turn up, you can demonstrate genuine remorse to the bench, as opposed to firing off a nicely worded letter.
I'd get lawyer friend to write the letter, then go to court and read it out as your statement.
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