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I was stopped by the police yesterday and issued a FPN for using a mobile whilst driving. I now notice that the police have entered the wrong road name - is there a way of disputing the FPN? All advice gratefully received.
Edited by Pugugly on 16/08/2008 at 19:24
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There may be llandybie, I don't really know. But some people here will soon be urging you to have your car crushed, handcuff yourself and give yourself in charge for the good of society, or at least telling you to take your medicine like a man and never do it again...
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This comes under the slip rule so the name can be changed. Lots of these on www.Pepipoo.com. I note you did not question that you were actaully using your phone. I'm not long back from an extended vacation in the states and the use of phone whilst driving is almost ever third car. Some states, California, Seatle and a couple of others have seen the light an baaned use of modile phone whilst driving. Regards Peter
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This comes under the slip rule so the name can be changed. Lots of these on www.Pepipoo.com. I note you did not question that you were actually using your phone. I'm not long back from an extended vacation in the states and the use of phone whilst driving is almost ever third car. Some states, California, Washington State ( Seattle) and a couple of others have seen the light and banned use of modile phone whilst driving. Regards Peter
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You could go to court and use the defence of not having been in that road on that day, best if you had a good witness. Magistrates will probably give police some leeway if location is in the general area of where you were caught. Risky though, bigger fine and court costs to pay. Your choice. Concrete
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Full details of the scene in the USA:
www.naghsr.org/html/stateinfo/laws/cellphone_laws....l
And there's more worldwide here:
www.cellular-news.com/car_bans/
How ironic that safety-conscious Sweden is odd man out.
Edited by Roger Jones on 16/08/2008 at 17:50
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You could go to court and use the defence of not having been in that road on that day best if you had a good witness. >>
wouldn't advise that.
To start with you'd be Attempting to Pervert the Course of Justice. By asking someone else to help and tell lies you'd possibly be in the Conspiracy zone i.e. conspiring with someone else to Pervert the Course of Justice. Once at court you'd commit the substantive offence of actually Perverting the Course of Justice and Perjury no doubt, under oath
helluva lot of weariness for an offence you admit you actually committed... and.. a lengthy prison term instead of 3 points and a fine
and if you try to wriggle off the hook a lot of these people take it personally and will ensure that your case gets a lot more 'service' than it usually would
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Did you accept the FPN on the spot? Reading all te details I suspect that if it says you dispute it, you can have your day in court.
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You could go to court and use the defence of not having been in that road on that day
Ow!
best if you had a good witness.
Erm..
Risky though
Yes, he and his "witness" could make an appearance in another court, on a different charge, and quite possibly be locked up for a bit.
Let's face it - he did it, he knows the law, and was pinched. Cough up the paltry cost, and accept the "black marks".
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To dispute this then one has to dispute the FPN which means a hearing at Magistrates Court ina NG plea. At Court Mags have the power to amend matters and this is one that does not affect the actual committment of the offence....it was committed and Plod will give evidence to this effect and may even mention the correct road.
Get the FPN paid and stop moaning and DONT USE A PHONE WHEN DRIVING... muppet.
dvd
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And a bigger fine because you pleaded "not guilty".
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Pweesysley jc 2
Fine
CPS Prosecution cost
£15 Victim support levy.
In these days of recession FPN is a BARGAIN....
dvd
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In the past,I received a FPN for speeding and susequently noticed that the date shown on it was wrong;I phoned the number on the form and was told they would look into it and phone back-to my delight they did call back about a quarter hour later and said FPN withdrawn.
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There is a difference between the OP getting a FPN when he was stopped by police and getting the offer of an FPN via NIP for speeding.
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I was stopped by a car and given a FPN-not a NIP.
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You wouldn't get an NIP for a mobile phone offence.
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If OP and his witness state, truthfully, that he was in Holly Lane X Town, and the FPN says he was in High Street, X Town nobody is telling lies and nobody is trying to pervert the course of justice, except the people who have incorrectly stated the facts! I still wouldn't chance a court hearing myself. Why not obey the law or get a hands free kit?
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In my naivety that's precisely how I interpreted the proposition posed by the OP. No wonder some new members never come back after being threatened with prison in their first thread !
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In my naivety that's precisely how I interpreted the proposition posed by the OP. No wonder some new members never come back after being threatened with prison in their first thread !
i've re-read it.... and agree there is another way of reading it.....maybe too many years of suspicion and cynicism have crept in........apologies to concrete
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I'm going through a pre-retirement cleansing process.
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