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The Clubs Virtual Pub For general chat, so come on in and pull up a chair. |
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06-01-2011, 00:17 | #61 | |
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I read in the paper a couple of years ago that 5 drivers got let off their speeding tickets because the policeman was using his ray gun on private ground. He's parked his car up a little lane and then went about his "duties" zapping speeders. Turns out he hadn't had permission from the land owner. One of the drivers asked the land owner and then appealed |
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06-01-2011, 00:18 | #62 |
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06-01-2011, 00:18 | #63 |
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see im liking all this speeding type of stuff .... what with my ex managing to obtain 9 points in a couple of months for speeding she is on last chance saloon so i muckin love it
even funnier (i think) she insits she or him for that matter were at home when one of the incidents occurred ...... obviously talking shite |
06-01-2011, 00:19 | #64 | |
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Failing to identify the driver of one of South Yorkshire Police's vehicles caught breaking the speed limit.[4] This led to the unusual situation of the Chief Constable prosecuting himself. Two personal convictions for exceeding the speed limit, leading to fines and his licence being endorsed with 6 penalty points.[3] A 42-day driving ban and fine imposed by Wrexham Magistrates Court for exceeding the speed limit in North Wales, on December 5, 2007. |
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06-01-2011, 10:22 | #65 | |
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the swan neck towbar on my Frontera pierced through the subframe of the car that hit me and left the cars joined together, so I had to remove my whole towbar at the crash scene to split the two cars, lucky I had a boot full of tools |
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06-01-2011, 10:49 | #66 |
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im still waiting for the letter " inviting " me to attend my speed awareness course
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06-01-2011, 12:20 | #67 | |
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Which is why, you twerp, I posted an ever-so-helpful linky near the top of the post for your education LMAO....just RTFM.....I believe that quoting Glendinning to a magistrate (remember an unqualified layman taking advice from the COTC, who cannot possibly know everything about everything) would have sorted this in minutes and seen the case thrown out. It also answers most of the above quicker than I can! Your turn, if you dare! http://www.bailii.org/ew/cases/EWHC/...2005/2333.html |
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06-01-2011, 12:32 | #68 |
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I wish you would use Lexis. Their case digests are much more concise
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06-01-2011, 12:36 | #69 |
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06-01-2011, 12:37 | #70 |
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06-01-2011, 21:46 | #71 | |
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Funnily enough it was more a case of couldnt be arsed with the topic any more That theme continues too................. I cant be bothered to read that in depth with argument and counter argument but looking quickly at it, Green v Moore clearly gives the 3 conditions. I would suggest with the Grimsby flasher it wouldnt be too hard to prove the points. The cop was lawfully doing their job. Easy sorted. The Flasher had no means of working out which of those he signaled to were committing an offence so he carried out blanket coverage. If there was no change in the speeding offence rate detected by the cop that would demonstrate individuals were committing an offence and he had signaled to them because of his actions and their presence so that bits sorted Or in this Grimsby job as a double bite at the apple (created by the flasher) It would actually be very easy to prove from the footage that during the time he was flashing, detected offences dropped off compared to before and after. It is accepted that the obstruction can prevent an offence being carried out that in all probability would have occurred without the accused s intervention. Ie the offence of obstruction still exists even though no other offences were detected. Though that seems to have been ignored in this particular case you link to probably because it suited the circumstances to do so. In that vein: I had one years back where I tried to grab someone who I thought was trying car doors. His mate (never proven but linked) called out (i believed to him) so the scrote ran off. I arrested mate for obstruction , his defence was he wanted to speak to me on other matters and anyway there was no evidence of any offences in the car park. He was prosecuted for obstruction when the cctv was reviewed In another one a female instructed her kids to stand in my way to delay or prevent me entering a room where I believed a suspect was committing an offence. She too went the distance even though I never got him , the room was empty so the offence whilst suspected was not proven it was entirely my opinion that it was in progress. That too went in my favour In the immortal words (paraphrased) of Jimmy Cricket theres more too..... theyre all the reasons I was laughing so hard yesterday The intent I would presume would have been by interview and if he or his brief isnt bright enough (ha ha ) to avoid admitting intent he wants sticking on anyway. I didnt see any mention about turning into a layby for the Grimsby flasher which on the occasion you link to was a plausible defence. It wouldnt have been a difficult interview for the cop with the Grimsby flasher In summary on this occasion I would definitely argue that the Grimsby flasher was not trying to prevent the commission of an offence he was attempting to inhibit continuation of an ongoing offence in order to prevent detection. I would tend to think the courts agree with my argument on this one, proof of the pudding and all of that (and my jobs from the 90's) Dont forget that each case is judged on its own merits and every one is different. Stated cases and precedents are for guidance and half the fun is getting around or overturning them I should also add that whilst I won those Ive spectacularly lost others including trying to persuade a judge (via the barrister) that running away whilst equipped fulfilled the criteria of going equipped Thats it Im knackered |
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06-01-2011, 22:31 | #72 | |
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Too right It works both ways, if youre going to enter into something make sure its done properly. To go onto private property as in this one is breaching basics |
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06-01-2011, 22:32 | #73 |
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what gets me with all this and previous arguments about policing.
everyone moans about crime , no one is happy with it. everyone is fed up with the thugs and yobs in the streets at night. or boy racers racing in estates etc. yet everyone moans when some policing is done. point is the plod have to prove its required to put a camera there for speeding. so there must be some data to prove this. but everyone moans about cameras everyone moans about the youngsters in the streets ... and we probably all think if they had a good clip around the ear and taken home by the copper and a good telling off . they probably would not of grown up int criminals and yobs. but how many would be having a go at the law or the copper if he/she did give your kid a clip round the ear. point is whatever the law decides or dictates people will always moan there bloody arses off. i remember years ago well 9 in fact lou was out nickin cars with her boyfriend . and i found out. needless to say they didnt again . but the point is. all kids play up even mine did, and im the perfect dad (lol) cameras have to be there for a reason , you might not like it and you might even get caught by one . but its there . so deal with it and if you want to flash everyone ... well you know the law now lol |
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