Newkybroon
31-12-07, 11:06 AM
I was recently pulled over by a patrol car, saying they believed I was not wearing my seatbelt as they passed me(they u turned and pulled me over within 50 yards of passing them). I obviously disagreed with this, but they still went ahead and issued me with a fixed penalty notice, saying basically they corroborate each other, and it was up to me to prove I was wearing it. Call me stupid, but don't they have to have some sort of physical evidence apart from their word aganst mine?? and also, is the burden of proof not on the Police to prove I was not wearing it and not me to prove that I WAS?? I was advised by a friend who has a contact in the procurator fiscal just to pay the fine, as if I lost I would incur legal costs and points plus a fine if I lost.
I think this is grossly unfair, as even a murder suspect has to have more then 2 police officers words for it, ie other physical evidence, before something comes to court. And I am sure down in England the law required more than 1 officer corroborating another, they need some other sort of evidence before proceeding. ie for this offence either video or photographic.
For your information, when pulled over I never removed my hands from the wheel until the officer arrived at my car, and my seabelt remained in place till I was asked to vacate the car. Also, the time of the alleged offence was 1242 althought the time of the offence on the ticket said 1252, and time of issue was 1253, NOW call me old fashioned for being a nit picker, but at 1252 I was in the police car having my details and PNC check done, so yes I was NOT wearing my belt in my car as I was in the patrol car! And it takes more than 1 minute to get from my car, into theirs, do my PNC check etc before issueing me with the ticket.
Any input on the legal aspects of this would be greatly appreciated, ie can 1 officer corroborate another with no other evidence? because to me, this is unsafe, not so much for this alleged offence, but criminal offences, or if an officer has a graudge agaist someone. Also as I have already PAID the fine, can I retrospectively appeal against it, or have I already admitted guilt by paying it??
Sorry for rambling, I really appreciate the job the Police DO, but just needed to let off steam over this thing! :D
I think this is grossly unfair, as even a murder suspect has to have more then 2 police officers words for it, ie other physical evidence, before something comes to court. And I am sure down in England the law required more than 1 officer corroborating another, they need some other sort of evidence before proceeding. ie for this offence either video or photographic.
For your information, when pulled over I never removed my hands from the wheel until the officer arrived at my car, and my seabelt remained in place till I was asked to vacate the car. Also, the time of the alleged offence was 1242 althought the time of the offence on the ticket said 1252, and time of issue was 1253, NOW call me old fashioned for being a nit picker, but at 1252 I was in the police car having my details and PNC check done, so yes I was NOT wearing my belt in my car as I was in the patrol car! And it takes more than 1 minute to get from my car, into theirs, do my PNC check etc before issueing me with the ticket.
Any input on the legal aspects of this would be greatly appreciated, ie can 1 officer corroborate another with no other evidence? because to me, this is unsafe, not so much for this alleged offence, but criminal offences, or if an officer has a graudge agaist someone. Also as I have already PAID the fine, can I retrospectively appeal against it, or have I already admitted guilt by paying it??
Sorry for rambling, I really appreciate the job the Police DO, but just needed to let off steam over this thing! :D