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getting brought to court for not following an order , advice

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dieseldick | 06:05 Sun 10th May 2015 | Law
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yesterday i was stopped in traffick in belfast trying to get home for 4 hours through belfast with my 5 year old daughter, it was 12pm and we had been on the go since 8am. anyway a cop told me i could not go through a certain way , i told him i lived in that neigbourhood, he told me i must go back onto motorway and drive a further 5 miles to try get to my neighbourhood, i told him if he just lets me through then my home is only 1 mile away . he said no . so i go away but in my rear view mirror i see police letting other cars in through this road, i uturn and drive up and try go through . the original cop runs up yelling stop stop , he first tells me i disobeyed and order and he is issuing me with 3 points, then after some confrontation he informs me that he is sending report for me to go to court, why ? because in his words i disobeyed an order violating road traffic instructions, i told him he did not order me, he advised me and told me i could not get through, he did not order me . i committed no traffic offence like speeding or anything, what will now happen ? im going to fight this all the way, if others could get through then why not me, meanwhile my daughter was crying thinking police were going to take me to jail , meanwhile the smug *** just stands laughing seeing my young daughter crying in hysterics. i hate some of them !!!! if it were me and a dad and kid were in car i would let them through as i explained i needed to get my child home as she had been out with me all day and needed to get home to her mum at an arranged time, plus she was hungry.
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rules is rules ...afraid the word of the law has to be observed even if it seems unfair and silly at times
I doubt you will hear any more about it. If you do, just tell the magistrates what you have told us. A policeman cannot give you penalty points, it is the court that does that. So I wouldn't worry about it.
Were there any signs prohibiting traffic on that particular part of the road,if not then I would forget about it as Boatie says.
Point of clarification. Did he actually issue you with any paperwork? If not, can't see how this can go anywhere. And, if he did, can't see what's wrong if you merely returned to the scene to ask why you couldn't get through when others apparently could. Good luck anyway.
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no road signs saying do not enter , no official warning was given to me at start , he merely told me " do not attempt to make a you turn at roundabout" which i didnt i did a uturn quarter of mile away on a empty straight road. at first he said he was issuing me with 3 points, then after some talk he said he was reporting me with view to prosecution for " disobeying a direction given to me in relation to a road traffic order" ( exact words ) i took a video but it cut short wish it hadnt of because he contradicted himself at first .

no paper work was given to me at time, he then gave me a clear order to turn around and go the route he requested i said " ok , now that you have given me a clear order i will obey it " which i did .
A police officer CAN issue Fixed Penalty Notices for offences and the penalty can include points, even traffic wardens can do this for such offences such as parking on pedestrian crossing zig zags. The are called endorsable fixed penatly notices and your licence has to be surrendered to a police station within 7 days.
The UVF parade seems to have priority over the rights of ordinary motorists.
You do get yourself in to some scrapes and you're on a loser with this one.

The officer clearly told you that you couldn't go the way you wanted and told you which way to go. He said you 'must' go back on the motorway.

That is very clear, don't you think?
What was the reason for the road block?
Could you not have gone along North Queen St and joined the Shore Rd at the Grove rather than go all the way to Fortwilliam?
HC, a march
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The UVF parade seems to have priority over the rights of ordinary motorists.

sandy, i as a protestant do not and never agreed with loyalist parades past ardoyne or any other nationalist areas, it is wrong !! we ( protestants ) would not accept republican parades past our area,s , so i agree that these people who are determind to hold nationalist communities to ransom are total sectarian bigots. same as the flag protest , it does not bother me in the slightest , in fact i do not give a single thought at the flying of a tricolour in belfast.
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i tried to go up shore rd, no go, i tried to get back through city centre via bridge, no go. the whole bloody city was in total lockdown .

so im wrong in trying to go up a road that clearly every other motorist was being allowed up ? ok the cop gave me direction the same as if a cop told you to " go over there and stand in the corner with your face to the wall " if i did nt follow direction is that grounds for a alledged criminal offence and court case, no road block on road only one cop staopping cars on the road i tried to take, no signs on the road, no red tape or barriers on the road. ok i tried my luck because all other cars were being let through , so what ? i was in my rights because i seen in my rear view that they were letting others through so why not me ?
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HC4 if the cop could serve me there and then with a fixed penalty what would be the grounds in doing that ? can you state facts/ law.

why did he change his mind from first giving me a 3 points to booking me and taking me to court, will the filthy rat now say i was being abusive toward him and hit me with a charge of obstruction or disorderly behaviour etc ?
DD: Personally I'd write to my local constabulary and voice (word) my issues. Give the time and date of the incident and let them deal with it internally.

You won't get an apology and you most certainly won't receive a reply but at least you have proof to show you voiced your opinion - just in case that officer has a personal vendetta towards you (for what ever reason be it known or unknown).
An incident occurred 2 year ago with a member of the family whom is a magistrate. They were pulled over by the police for not moving out of the way (even though the police car was not displaying lights or a siren). The magistrate then noticed the same police car parked outside the magistrates court (that they were sitting at) on double yellow lines blocking part of the road.

They then wrote to the local constabulary and it was dealt with internally and the police officer got his ear chewed. We only know that because we also know other police officers on the force in that area. You won't get an apology because that shows fault, however it's worth mentioning.
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of course he had a personal vandetta against me when he was openly letting other cars through and smuggly griinning when my 5 yr old child was in tears ( filthy animal) what kind of man would do this ?

i will be emailing the ombudsman about this and will not be taking it lying down.

if others were allowed to go a certain route on a public highway then so should i of been allowed. as for following officers direction or order then please someone state the points of law about this ?
I may be mistaken, but isn't pushing through a police roadblock in Belfast a shortcut to getting shot?
If I'm right, you got off lightly.
I expect it depends on what the diversion was for - a terrorism alert, a tree blown over or just .... a little diversion on a boring shift.
Maybe you should have done what the policeman said. The other cars could have been spooks going to perform unspeakable but necessary deeds.
You have no idea why he was letting other cars through. There are lots of reasons why they could have legitimately allowed to go where you weren't.

For a road to be blocked for marches/parades there is an order in place for that to happen.
diesil
There was a police road block and you argued you had the right to go through it because you lived up the road. What if there was a bomb scare further up the road and they were only letting in Service Staff? You could not know who were in these cars they were letting through. Why was your daughter crying in Hysterics? Was it some thing the Policeman said to her? was she threatened? if this is the case than you have a good case for reporting him. Was she crying because she was watching her daddy screaming and shouting at an officer of the Law, knew this was wrong and that was the reason for her hysterics? A Policeman tells/advises /gives you an order and you do not follow that order and put yourself,your child and possible service staff in danger - I'm no Lawyer but reckon you have no defense.

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