Nicked.....who knows the law ?

[Carl Avant]

I got stopped the other day for using a mobile phone.
Apart from the nice Constable reaching into MY car when i left the passenger window open for him to speak to me (all the doors were closed) and me closing the window on his arm, he wrote the ticket up describing my Midnight Blue S2 Avant as an : Audi 80 Estate Black.
Because of these "wrongs" does it make my £30 ticket null and void ?

[Bibby]

Two options. Pay the £30, or take it to court.

You were illegally using your 'phone at the end of the day which, despite the "wrongs" as you put it, will still stick in court.

I know what I'd do.

[robo]

Because of these "wrongs" does it make my £30 ticket null and void ?

You are lucky not to get 1k fine

[rotoryboy]

Just bite the bullet mate and pay the £30

[Jamo]

£30 fine? your a lucky lucky boy!

[HPmuirt]

Whilst I only deal in corporate law, from my understanding, it used to only be possible to avoid prosecution if the arrest procedure or arresting officer was in breach of the law. (i.e. if their car had defective lights or tyres and was therefore not road worthy)

However, I understand that it is now not possible to use this 'loop hole' unless the arrest (or in your case 'being reported for an offence') is unlawful. Unlawful arrest is very hard to prove and usually only constitutes false imprisonment.

It is often believed that the officer MUST say a specific sentence during the 'caution'. This is not true. The law actually states that at the time of the arrest or the first available time later on (say following medical treatment) it is essential that it be made clear to the person the fact of and reason for the arrest. This does not have to be the famous TV line (although that is the recommended sentence) and it can be as crude as 'Your nicked for car theft mate' as long as it is believed that you understand what is implied.

Sorry matey...but I think paying up is the sensible option as your offence is relatively minor, so you are not looking at trying to fight a ban or prison term.

Cheers n

Si

[Keeper of The Kitten]

Yep, go along with all the others here - I took advice on inaccuracies in my notice of intended prosecution for speeding last year (eg, day and date were not matched) - and it was made clear to me that there would have to be a raft of errors to make it inadmissable.

If he has written your vehicle registration correctly, the officer's description of the car will be considered accurate enough given the circumstances. When I was stopped (and interviewed I might add) the officer thought my car was an Audi 80. That it is an Audi and the colour is approximately correct, along with correct registration, will make it clear that the car is definitely the one you are driving!

A £30 fine sounds like a lucky escape to me - any points issued for using a phone yet? While it might not seem right, the law is the law unfortunately. Using a phone was already prosecutable as careless driving before specific laws were introduced.

__MDC__

[Mikes2]

he wrote the ticket up describing my Midnight Blue S2 Avant as an : Audi 80 Estate Black.
Because of these "wrongs" does it make my £30 ticket null and void ?

Don't know what makes you think this is wrong. If you use a mobile while driving you deserve all you get

[s2avant95M]

Get a hands free kit. Pay the fine. You wont get away with a slight mis-description of your car. As i understand it he would have to get the make, model, registration and your name wrong for you to stand any chance.

[Ski]

Did u not save a get out of jail freee card?

[S2 Ant]

£30 sounds better than 3 points on your license!
Without sounding rude, this post sounds as bad as the kids that post on the cruise forums saying ive been busted for doing 80 in a 30, how can i get out of it..... end of the day you were unlucky enough to get caught, £30 isnt bad compared to other possible routes... bigger fine, court and points.
As said, those silly bluetooth ear pieces start at about £40-50 so not much more than the fine, get caught twice and you've proper shot yourself in the foot as the handsfree would have been cheaper

[S2central.net]

Thought you'd grown out of the cruise forums Ant - Heheheh...

Back to the point - I also agree the fine should just be paid. Take it like a man - £30 is about the same price as a handsfree kit/headset for your phone so count yourself lucky. No way you'll get off on a tiny technicality about the car description.

Paul

[S2 Ant]

LOL, ive been known to loiter on the odd 1 or 2 still.

[Azman]

@ keeper - You didn't get of with that?????? Why not???? Last year a friend of mine who own his own business (van rental) got a leter through the post saying he had run a red light in such and such a vehicle. He wrote back asking to see the evidence (i.e. photo). They obliged and when it arrived he noticed that the time was wrong he knew he did go through the light but at the time the camera states he was elsewhere and could prove it via aliby. He wrote this point to them and hey presto he recieved aq letter saying all action had been droped.

The kick for the police is he then wrote a letter saying they should monitor changing the summer/winter time settings on the cameras.

Cheers

Aaron

[Sidspud]

£30 is about the same price as a handsfree kit/headset for your phone

If your phone has a speakerphone function (My Nokia has) then a £5 charger/holder from Tesco's will do the job

If it breaks, buy another. You could get 6 for the cost of your fine!