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#Post#: 73372--------------------------------------------------
Conditional offer, can I see evidence?
DIR By: JulianV
Date: May 27, 2025, 5:58 am
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Stopped on 05.03.25 by unmarked car.
Officer said he witnessed my speed being up to 90mph. He said I
was around 85 and he "probably wouldnt have pulled me over had I
stayed there". I don't recall seeing any video to support that
and neither does my passenger recall me being shown any.
Am I able to request the evidence prior to accepting this
Conditional Offer?
[attachment deleted by admin]
#Post#: 73381--------------------------------------------------
Re: Conditional offer, can I see evidence?
DIR By: JustLoveCars
Date: May 27, 2025, 6:36 am
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--- Quote from: JulianV link ---
>
> Am I able to request the evidence prior to accepting this
Conditional Offer?
>
--- End Quote ---
Yes.
Will you get any? Almost certainly not - that will be a matter
for a prosecution if you do not comply with the offer to dispose
of the matter.
Video evidence is not required. The officer's witness statement
and corroborated speedo reading is sufficient. (The speedo
doesn't even have to be 'calibrated')
#Post#: 73385--------------------------------------------------
Re: Conditional offer, can I see evidence?
DIR By: The Slithy Tove
Date: May 27, 2025, 6:54 am
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Do you dispute that you were exceeding 70mph? If you were doing
in the region of 80 or more, then the officer's witness
statement would be enough evidence, as long as they come across
as credible enough to tell the difference between 70 and 80+
(which any traffic officer would). If you really think you were
doing less than 70, then what do you plan on using as an
argument? Otherwise you'd only be debating how much over 70 you
were doing, and you've been given the best offer you'll get.
#Post#: 73402--------------------------------------------------
Re: Conditional offer, can I see evidence?
DIR By: JulianV
Date: May 27, 2025, 7:52 am
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Given that it's likely to be around 4 months after the offence,
if I decided to contest, how likely is it that the officer will
retain notes or accurately recall the details?
#Post#: 73404--------------------------------------------------
Re: Conditional offer, can I see evidence?
DIR By: AntonyMMM
Date: May 27, 2025, 7:58 am
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--- Quote from: JulianV link ---
>
> Given that it's likely to be around 4 months after the
offence, if I decided to contest, how likely is it that the
officer will retain notes or accurately recall the details?
>
--- End Quote ---
The TOR (Traffic Offence Report) they submitted after the event,
which resulted in the offer of the fixed penalty, will be their
"notes".
Given the costs involved in losing a contested case at court (
and you don't seem to have any actual defence in mind), I'd
think carefully about accepting the offer.
#Post#: 73405--------------------------------------------------
Re: Conditional offer, can I see evidence?
DIR By: JustLoveCars
Date: May 27, 2025, 8:15 am
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--- Quote from: JulianV link ---
>
> Given that it's likely to be around 4 months after the
offence, if I decided to contest, how likely is it that the
officer will retain notes or accurately recall the details?
>
--- End Quote ---
This isn't crime of the century - a simple excess of the limit.
It would be high risk to plead not guilty at court. Whilst
90mph would still be 3 points if found guilty at contested trial
but it's the costs (£620), income-related fine and surcharge
(40% of fine) that would hurt.
#Post#: 73422--------------------------------------------------
Re: Conditional offer, can I see evidence?
DIR By: Freecall
Date: May 27, 2025, 9:21 am
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There is your evidence - "Officer said he witnessed my speed
being up to 90mph". The sworn testimony of a traffic police
officer corroborated by the speedometer in his car.
Sworn testimony can be challenged at trial of course but on what
basis?
As others have said, accept the COFP and put it down to
experience.
#Post#: 73425--------------------------------------------------
Re: Conditional offer, can I see evidence?
DIR By: andy_foster
Date: May 27, 2025, 9:36 am
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Not sure that we need 5 posts to tell the OP that the straws
he's clutching at aren't there.
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