Nicked.....who knows the law ?

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  • Carl Avant
    S2Forum Addict
    • Sep 2005
    • 368
    • Country: United Kingdom

    #1

    Nicked.....who knows the law ?

    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 ?
    RS2
    80 Sport
    S4
    Ariel Atom

    sigpic
  • Bibby
    S2Forum Extremist
    • Aug 2004
    • 1043
    • Country: England

    #2
    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.
    acidtrax

    Comment

    • robo
      S2Forum Fiend
      • Aug 2004
      • 2086
      • Home: Poland Current: England

      #3
      Originally posted by Carl Avant
      Because of these "wrongs" does it make my £30 ticket null and void ?
      You are lucky not to get 1k fine
      sigpic_________
      Rob

      Comment

      • rotoryboy
        S2Forum Possessed
        • May 2004
        • 3281
        • Country: United Kingdom

        #4
        Just bite the bullet mate and pay the £30
        Mark

        Race Clio RS197

        S2 Coupe ABY (Green) - RIP
        S2 Coupe ABY (Blue) - Sold

        Comment

        • Jamo
          Retired OG Mod
          • Mar 2004
          • 21750
          • Country: United Kingdom

          #5
          £30 fine? your a lucky lucky boy!

          Comment

          • HPmuirt
            S2Forum April Fool
            • Apr 2005
            • 3014
            • Home: United Kingdom Current: England

            #6
            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
            95 ABY S2 Coupe - Ragusa Green
            Subtle mods here and there


            2011 A5 3.0 TDi - Lava Grey
            With every option available (except a towball)

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            • Keeper of The Kitten
              S2Forum Fiend
              • Dec 2003
              • 2317
              • Country: England

              #7
              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__
              Martin Cutting

              aka Keeper of "The Teutonic Kitten"

              It's not better than sex, but it runs it a close second.

              Comment

              • Mikes2
                S2Forum Extremist
                • Jul 2003
                • 1704
                • Country: Scotland

                #8
                Originally posted by Carl Avant
                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
                Mike

                http://www.s2-audi.co.uk

                Comment

                • s2avant95M
                  S2Forum Extremist
                  • Mar 2004
                  • 1217
                  • Home: England Current: United States

                  #9
                  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.
                  Tim

                  1995 S2 Avant, ruby red - ** SOLD TO ROSS **
                  Golf Rallye G60 ** SOLD **
                  Golf MK2 Oaky with R32 engine
                  Audi A6 Avant 1.9 TDi 130
                  Golf MK2 8v Race car

                  Comment

                  • Ski
                    S2Forum Fiend
                    • Jan 2004
                    • 2591
                    • Home: Poland Current: United Kingdom

                    #10
                    Did u not save a get out of jail freee card?
                    ABY Coupe
                    sigpic

                    Comment

                    • S2 Ant
                      S2Forum Possessed
                      • Jul 2003
                      • 3682
                      • Country: United Kingdom

                      #11
                      £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
                      Ant

                      2007 Mk5 Golf GTi, 3 door, DSG, REVO Stg 2 and other goodies
                      2011 Kawasaki Z1000

                      Comment

                      • S2central.net
                        Retired OG Mod
                        • Jul 2003
                        • 16590
                        • Country: Northern Ireland

                        #12
                        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
                        Paul Nugent
                        Webmaster http://S2central.net
                        Administrator http://S2forum.com

                        1994 S2 Coupe ABY - aka Project Lazarus
                        2001 A6 allroad 2.5TDi - family tank
                        2003 S4 Avant 4.2 V8 - daily burble

                        Purveyor of HomeFries and Exclusive agent for Samco hose kits (S2/RS2)

                        There are only 10 kinds of people that understand binary - those that do, and those that don't

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                        • S2 Ant
                          S2Forum Possessed
                          • Jul 2003
                          • 3682
                          • Country: United Kingdom

                          #13
                          LOL, ive been known to loiter on the odd 1 or 2 still.
                          Ant

                          2007 Mk5 Golf GTi, 3 door, DSG, REVO Stg 2 and other goodies
                          2011 Kawasaki Z1000

                          Comment

                          • Azman
                            S2Forum Possessed
                            • Sep 2005
                            • 3205
                            • Country: United Kingdom

                            #14
                            @ 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
                            Dark Grey Avant
                            RS2 FARB
                            Powerflex Front wishbone bushes
                            Alloy Subframe Bushes

                            Comment

                            • Sidspud
                              S2Forum Extremist
                              • Jul 2003
                              • 1223
                              • Home: Scotland Current: United Nations

                              #15
                              Originally posted by S2central.net
                              £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!
                              ex '93 Avant owner

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