Fixed Penalty Notice Today!

[neebover]

Hi,

Just need some advice on the above. My g.friend drove past panda van at 05:40. The van pulled out and followed then proceeded to stop her. The PC was on HER own. My g.friend got out of her car. At this point the PC was still sat in her car. She asked her to get into car and said "You know why I have stopped you?" Reply "No". You never had seatbelt on. I have to arrest you under the ........ Act 19whatever. She was then breathalysed, clear obviously. The PC then carried on to say... 3 points or £30 fine. That was a nice easy job for me before I finish at 06:00 she said. The PC never had her seatbelt on and when questioned on this she said she was exempt??? I was under the impression only exempt if in an emergency? Also, no evidence to say g.friend wasn't wearing seatbelt but we now have a £30 fixed penalty and a very cocky PC. Where do we stand and what can she do about it? Sounds to me like its PC's word against us?

Any help with this would be greatly appreciated.

Chris.

[Al Wyn]

Pay up then give your girl a damn good spanking for being naughty

[HPmuirt]

There are 2 different issues here.....

1. The offense

Generally, a police officer's word is enough to bring a prosecution on a seatbelt offence and the courts will normally believe them unless you can cast significant doubt that they couldn't have clearly seen whether you were wearing it or not. In this case, as your GF drove past the officer and was then followed, it is unlikely that a court would believe that the officer did not have a clear view, so I suspect that the offense would stand if challenged.

Also, the police officer was correct. There is an exemption for all emergency vehicles regarding the wearing of seat belts.

2. The actions of the Officer

Police officers must conform to a set of standards called the Police Code of Conduct. A breach of the code of conduct is grounds for a complaint and is taken very seriously. You are well within your rights to report the officer to both their commanding officer and also the independant police complaints commission. However, I would only advise this if you are certain that your GF's actions and reactions at all times were calm and polite.

It is possible that if you complained quickly, that her commanding officer may revoke the fixed penalty notice, but it is very unlikely unless the officers actions were very serious, rather than just plain rude. Sorry, but your GF got court and is smarting because the PC rubbed her nose in it......no offense intended

Cheers n

Si

[neebover]

Cheers for that. I'll get her to pay the £30 and yeah she gutted as she got caught. No offense taken.

Thanks again.

Chris.

[kriswithak]

Are you certain she actually said "arrested", the only way that could possibly be justified as an arrest under s.24 PACE is if your g/f refused to give her name, and then she would have been taken into custody etc. The proceedure should have been to give what is called a Caution+2 as soon as an offence is suspected by the officer, this is the same as the "when questioned" caution that is given on arrest, but with an extra bit on the end which explains that you are not under arrest, and free to leave as soon as the matter is dealt with. She should have then been interviewed contemporaneously under caution by the officer, with the interview recorded in the officer's PNB and offered for signature by the offender, once this was done the officer should have reported for summons or FPN and given what is called a "now" caution.

HPMuirt is quite correct, the Police Code of Conduct does indeed govern police officer's behaviour, and politeness is in there, as well as General Conduct. If you chose to report this and complain, it would result in a Reg.9 against the officer, however it would be unlikely to have much effect as it would be your g/f's word against the officer, as long as the officer has documented everything correctly then it would be very difficult.

In all honesty I would probably take the £30 fine, it's not a lot and better than points, and advise your g/f to wear her seatbelt and not give reason for further cause to be in contact with the Police!

(For the record, this does not represent the views of any police force, it is simply my opinion based on my own training/experience)

[audimaniac]

My girlfriend got her Nissan written off last year by a women who admitted she had been drinking!! this was during the World Cup Drink Driving Campaign in South Yorkshire, the two male Constables took a nice shine to her Large Breasts and legs being flashed and let her go???when they were quizzed afterwards, the cops replied, they hadnt got the breath test equipment on board the car??

Ill bet a bloke would have either had to wait for a back up car to turn up or been dragged off to the nearest station!!

Both my partner and i went to the Police station and filed a formal complaint against these two Officers, more than six months later we heard by letter both Officers had been disciplined within their own Branch, this was after we originally got told they were in trouble for letting this women go, its just a load of crap!! one rule for them and another for us!!

Meanwhile, we still havnt had our personal damages settled yet nearly one year on

Regards Audimaniac

[neebover]

Are you certain she actually said "arrested", the only way that could possibly be justified as an arrest under s.24 PACE is if your g/f refused to give her name, and then she would have been taken into custody etc. The proceedure should have been to give what is called a Caution+2 as soon as an offence is suspected by the officer, this is the same as the "when questioned" caution that is given on arrest, but with an extra bit on the end which explains that you are not under arrest, and free to leave as soon as the matter is dealt with. She should have then been interviewed contemporaneously under caution by the officer, with the interview recorded in the officer's PNB and offered for signature by the offender, once this was done the officer should have reported for summons or FPN and given what is called a "now" caution.

HPMuirt is quite correct, the Police Code of Conduct does indeed govern police officer's behaviour, and politeness is in there, as well as General Conduct. If you chose to report this and complain, it would result in a Reg.9 against the officer, however it would be unlikely to have much effect as it would be your g/f's word against the officer, as long as the officer has documented everything correctly then it would be very difficult.

In all honesty I would probably take the £30 fine, it's not a lot and better than points, and advise your g/f to wear her seatbelt and not give reason for further cause to be in contact with the Police!

(For the record, this does not represent the views of any police force, it is simply my opinion based on my own training/experience)

Kris,

Great info that.. basically, The PC said "You are under arrest for not wearing seatbelt. This contravines the Road Traffic Act etc. She then read the caution out, anything you say etc may be used etc etc. A producer was given and the fixed penalty notice. As you also said she will be paying the fine!!! Think she will be wearing her belt from now on!

Chris.