wrongly accused

[eytch29]

On January 15, I was stopped by a police officer and asked me to come out of the car, he asked me if I used my mobile phone while driving. I said no, and then he said they normally give warning if they admit it but since I lied he will give me Fixed Penalty Notice £60 fine and 3 points on my license. I told the officer that I really didn’t use my phone, I was just scratching my head because I couldn’t pass the intersection because it’s traffic. I offered to check my phone to prove that I was telling the truth but he said he knows how mobile phone works and didn’t check it. He checked my license and issued me the FPN then he asked me to go to the police station and bring my paper counterpart license. He even said that I was a bad person.
I will be applying for citizenship this April, would this affect my application if I bring this to court?
Any advice please. Thanks.

[Dedworth]

On January 15, I was stopped by a police officer and asked me to come out of the car, he asked me if I used my mobile phone while driving. I said no, and then he said they normally give warning if they admit it but since I lied he will give me Fixed Penalty Notice £60 fine and 3 points on my license. I told the officer that I really didn’t use my phone, I was just scratching my head because I couldn’t pass the intersection because it’s traffic. I offered to check my phone to prove that I was telling the truth but he said he knows how mobile phone works and didn’t check it. He checked my license and issued me the FPN then he asked me to go to the police station and bring my paper counterpart license. He even said that I was a bad person.
I will be applying for citizenship this April, would this affect my application if I bring this to court?
Any advice please. Thanks.

You are OK I don't think they will view you as a threat to the country. This is what the UKBA guidance notes say

You must give details of all criminal convictions both within or outside the United Kingdom. These include road traffic offences, but not fixed penalty notices which have not been given in a court. Fixed penalty notices include parking and speeding offences. Drink driving offences must be declared.

I would just pay up and not argue it

[walesrob]

I would think it wouldn't affect your application for Citizenship.

More than likely he issued a FPN due to some traffic violation at the intersection you mention. He probably thought you weren't paying attention, hence the idea you may have been using the phone.

More about FPN : http://www.homeoffice.gov.uk/police/...fic/index.html

"If you feel a penalty notice is unjust, you can choose not to pay the fine and argue your case in court. If you do pay the fine, you won’t be prosecuted and no record of your offence will be kept."

[eytch29]

I would just pay up and not argue it

Thanks, but 3 points will stay on my license for 4 years, will affect my insurance and this would mean I was really lying.

[walesrob]

Thanks, but 3 points will stay on my license for 4 years, will affect my insurance and this would mean I was really lying.

3 points wont affect your insurance that much, if at all. To be honest, I would pay the fine and live with the 3 points for the next 4 years. As I said, it was more likely he gave the FPN for some traffic violation.

I had 3 points in January 2006 for a speed camera on the M4 (J41 Port Talbot) in a restricted 50mph zone, and would you know, a year later later the camera was removed as it was causing accidents at a nearby junction http://www.speedcameras.org/speed-ca...cle.php?id=131 I still kept the points though, they wouldn't remove them, and would you believe it, I now gotta pay £20 to have those points removed from my licence, even though they have expired.

[pennybarry]

On January 15, I was stopped by a police officer and asked me to come out of the car, he asked me if I used my mobile phone while driving. I said no, and then he said they normally give warning if they admit it but since I lied he will give me Fixed Penalty Notice £60 fine and 3 points on my license. I told the officer that I really didn’t use my phone, I was just scratching my head because I couldn’t pass the intersection because it’s traffic. I offered to check my phone to prove that I was telling the truth but he said he knows how mobile phone works and didn’t check it. He checked my license and issued me the FPN then he asked me to go to the police station and bring my paper counterpart license. He even said that I was a bad person.
I will be applying for citizenship this April, would this affect my application if I bring this to court?
Any advice please. Thanks.

Why some policemen here will not listen the truth and stick with what they conclude? I will not go away until I convinced them and let them check my mobile. Did you try to speak with higher cops to check your mobile?

I have checked before at UKBA website about driving in the UK offenses if I am not yet holding British Passport and there's some laws that we really need to obey so that our application will not be affected.

But not to worry too much if that is not fixed penalty.
http://www.ukba.homeoffice.gov.uk/br...goodcharacter/

[pennybarry]

I would just pay up and not argue it

seems we have no right to defend ourself to policemen here?
They will not bother to listen and check?
Whatever they say is true. Just confused.

[walesrob]

seems we have no right to defend ourself to policemen here?
They will not bother to listen and check?
Whatever they say is true. Just confused.

Probaby because there are cameras everywhere, and I bet the policeman had one in his car as well, most traffic cars do. Welcome to CCTV UK

[Alan]

I was wrongly convicted of a traffic offence many years ago. I of course denied the offence and so it went to court. In court the police officer LIED and so I was found guilty of something I hadn't done!! It doesn't give one much confidence in our police force does it?

Al.

[Dedworth]

3 points wont affect your insurance that much, if at all.

Don't bet on it I jumped a red light 3 yrs ago camera showed I crossed the line at some low speed like 20mph one second too late - car was loaded with loose boxes so I didn't emergency stop. 3 points £60 fine - Direct Line loaded my premium by £70 per year for each of the 3 years

[KeithD]

According to the Chief Constable of Dorset yesterday he stated that in order to issue a FPN for using a phone they require TWO police witnesses!!

I take it this is because in court it is your word against his, and you could supply better character witnesses than him. Or the CCofD doesn't know the law

[KeithD]

This is the law, but a lot of grey areas http://www.newcastle.gov.uk/core.nsf...dpenaltynotice

[eytch29]

According to the Chief Constable of Dorset yesterday he stated that in order to issue a FPN for using a phone they require TWO police witnesses!!

I take it this is because in court it is your word against his, and you could supply better character witnesses than him. Or the CCofD doesn't know the law

I was stop by just 1 police officer, he's in uniform but using an undercover car.

Thanks all.

[johncar54]

If I did not commit an offence I would fight the case. Unfortunately most people getting stopped for an offence tend to say the police were lying. I know sometimes they do but I also know that they are unjustly accused of lying too. After all its the best excuse we have, Who would say, "the accident was completely my fault'"

In this case, EYTHCH, if the incident was a few hours ago, I suggest you go to the police and take your phone and insist they check the calls. If they won't I suggest you ask to speak top the most senior officer in the station. If they still will not check the phone, make an official complaint against both the officer who stopped you and the officer who refuses to check your phone. Of course they could say the phone you are producing was not the one you had in the car when 'seen.'


As for saying its just a policeman's word again yours. That probably will not carry much weight. Normally a policeman has nothing to gain by lying (no increased promotion chances, no days off, no extra pay, just more work) whereas a person who has committed an offence has a lot to gain.

Cases like the ones mentioned above, where a car crossed the line 'a second' after the light turned red tend to show part of the problem. The light goes from green to amber. amber mean stop. Thus he is admitting the offence. That the person say he had loose boxes in the car was another traffic offence, which it would appear he got a way with.

PS I don't want to get into an argument here about 2 officers being required to prove such an offence, but if you believe that then you have nothing to worry about as you will not be prosecuted.

[aromulus]

I was stop by just 1 police officer, he's in uniform but using an undercover car.

Thanks all.

To me it sounds like as if he was looking for someone to help him get his weekly target.....

[Arthur Little]

To me it sounds like as if he was looking for someone to help him get his weekly target.....

... like the traffic wardens, aka "The Yellow Peril", used to do!

[KeithD]

... like the traffic wardens, aka "The Yellow Peril", used to do!

I've been 'harrassed' a few times over the years because I don't look disabled enough for a blue badge ... it seems I'm supposed to have no limbs, and have vomit all down my t-shirt, and be cross-eyed

[johncar54]

I've been 'harrassed' a few times over the years because I don't look disabled enough for a blue badge ... it seems I'm supposed to have no limbs, and have vomit all down my t-shirt, and be cross-eyed

If I was entitled to parking privileges I would be pleased to see that the authorities were trying to ensure there was less abuse. Such abuse, people not entitled using the assigned parking places would seriously affect my privilege to park where it is most convenient for me.

As for people believing in weekly targets for police officers, some also like to believe in the tooth fairy and Santa Clause too, but it does not make them real !

[KeithD]

If I was entitled to parking privileges I would be pleased to see that the authorities were trying to ensure there was less abuse.

I would be if that was what they were doing, but it seldom is. For instance last time the traffic warden walked past the white van (no badge) and the Royal Mail van (no badge) parker in the disabled bays infront of me, and came straight to me. Questioned me, gave me a lecture that my badge was 0.03mm out of position!!! And then walked off

[johncar54]

I would be if that was what they were doing, but it seldom is. For instance last time the traffic warden walked past the white van (no badge) and the Royal Mail van (no badge) parker in the disabled bays infront of me, and came straight to me. Questioned me, gave me a lecture that my badge was 0.03mm out of position!!! And then walked off

Sorry, I was thinking of the police not traffic wardens.

I do not know for sure now, but in the past I know traffic warden were not allowed to exercise discretion. Thus if you were committing an offence they had to issue a ticket, they were nor allowed to do anything else. (At West-end Central Police Station they even used to put tickets on marked police cars, which are except from parking regs and in any case a police officer in uniform can authorise a person to park in a no parking area, including himself. The ticket were always cancelled but that took up police time filling in the pro forma). The wardens continued to do it even though they were advised. Some maybe not that intelligent! Just a personal view.

A police officer has always been able to exercise discretion, thus he/she can decide to take no action, advise you, give you a formal caution or report you.

[pennybarry]

I was wrongly convicted of a traffic offence many years ago. I of course denied the offence and so it went to court. In court the police officer LIED and so I was found guilty of something I hadn't done!! It doesn't give one much confidence in our police force does it?

Al.

That was what my husband said. If you were wrongly accused, sometimes you need to prove it in court and if you found guilty, then you are more worst.

My husband is driving lorry and bus for 25 years and no offence yet. But he said he may have some soon because whilst he's driving, I'm giving him wrong instructions. He wants me to shut my mouth if he's driving.

[johncar54]

Originally Posted by Alan View Post
I was wrongly convicted of a traffic offence many years ago. I of course denied the offence and so it went to court. In court the police officer LIED and so I was found guilty of something I hadn't done!! It doesn't give one much confidence in our police force does it?


(Before I was a police officer) I got off many traffic offences by lying too, just like practically everybody does.

Alan, that you say you were convicted MANY YEARS AGO would seem to show that it was a very isolated occurrence. Penny says her husband has been a professional driver for 25 and has no convictions. So maybe its not a common occurrence and thus we can have confidence in our (your) police service.

(Oops, now I am opening a can of worm !!!!! )

[aromulus]

As for people believing in weekly targets for police officers, some also like to believe in the tooth fairy and Santa Clause too, but it does not make them real !

Where have you been lately, John...???

[johncar54]

Where have you been lately, John...???

Are you telling me (I have lived in Spain for 21 years) that police officers, on the beat in UK, must reach certain targets for reporting and arresting people ?

If so, can you please direct me to where I can read up on it.

Thanks, John

[KeithD]

He wants me to shut my mouth if he's driving.

Like finding an ice cream seller in Hell..... Impossible

[walesrob]

Are you telling me (I have lived in Spain for 21 years) that police officers, on the beat in UK, must reach certain targets for reporting and arresting people ?

If so, can you please direct me to where I can read up on it.

Thanks, John

http://news.bbc.co.uk/1/hi/uk/6656411.stm
http://www.telegraph.co.uk/news/news...Tim-Brain.html
http://www.infiniteunknown.net/2008/...ffice-targets/
http://inspectorgadget.wordpress.com...2010-revealed/
http://www.britannica.com/bps/additi...ffending-teams
http://www.esnews.co.uk/?p=5475

Want more?

[eytch29]

Thanks all, I decided to be tried at court. I'll contact citizens advice bureau for other advice.

[pennybarry]

Like finding an ice cream seller in Hell..... Impossible

Why do you know I love ice cream boss?
I love strawberry milk shake too!

One time he was driving in the countryside and I have spotted people enjoying picking strawberries in the field. I read Pick your own strawberries!!.

He was shocked when I shout WoW ! stop the car!
I want to buy strawberries.!!!!!!!!!!

[eytch29]

http://news.bbc.co.uk/1/hi/uk/6656411.stm
http://www.telegraph.co.uk/news/news...Tim-Brain.html
http://www.infiniteunknown.net/2008/...ffice-targets/
http://inspectorgadget.wordpress.com...2010-revealed/
http://www.britannica.com/bps/additi...ffending-teams
http://www.esnews.co.uk/?p=5475

Want more?

Nice one

[KeithD]

He was shocked when I shout WoW ! stop the car!
I want to buy strawberries.!!!!!!!!!!

I know how he feels