can a fixed penalty ticket be issued if only one police officer is present without video evidence back up?

[Pavam]

[sara3]

fixed penalty for what?

[Pavam]

allegedly using a hand held communication device.. I was a ctually using a hands free device but was adjusting it at the time... he pulled me over and cautioned me before allowing me an opportunity to explain.... I adhered to his instructions and got summoned to appear before court.. law states that it is an offence to use hand held comm devices..mine however was an ear held hand operated

[sara3]

you were adjusting what? a bluetooth earpiece, whilst driving?

[ChuckFickens]

so you are pleading guilty to not being in full control of the vehicle?

[Pavam]

no need for smart cheap replies..
your point can be argued in cort but then what do we do with millions of other car gadgets that require a button to be pressed.. similarly it can be argued that the pc was drving without care and attention when in his own words he travelled at motorway speeds whilst looking through his side window.. perhaps police officers are exempt from the law that governs road traffic use ? maybe they are but I dont think so.

I am not pleading guilty. I want to know what are the required preconditions that have to be met for a fixed penalty ticket to be issued? can you help by answering my questions or not? coppers are far too selfimportant at best of times and completely removed from reality of daily grind by that thing that was granted onto them called power.. so most of them abuse it.. I am within the law I just neeed to argue it effectively within the system that largely works behind closed doors and is driven by money and profit.. hardly anything in there about justice..

[ChuckFickens]

actually I totally agree with you.

But if you use phrases like "but was adjusting it at the time" you will be found guilty if it goes to court.

[Pavam]

thank you ahm.

my next question is what bit of legislation empowers them to do that? additionally has there been a case where it was deemed unsafe or not beyond reasonable doubt to secure a conviction based on la one witness statement?

[tamborine]

the ticket can be issued and you can challenge it. Surely you were just scratching your ear? The magistrates will decide.

[Pavam]

can I also throw in the mix that I am not going to court to answer charges on dangerous driving..
I am there to answer an alleged offence of using a hand held communication device (As the law states) which is an offence.. I was not using a hand held communication device..

if they want to then use the information from the trail and bring a separate one later fair play

[Pavam]

I suppose I could say I was scratching my ear but I will be under oath.. Magistrates are people.. they arent stupid.. if I am to havy chance I have to be straight up with them.. call a spade a spade

[tamborine]

The police have bent the truth to suit their case and magistrates are a bit stupid - some dont even know what a hand-held communication device is.

[Pavam]

thanks ahm but its still a lone wotness statement.. his word against mine and people make mistakes..

I look forward to asking him if his pay is linked to the number of fixed penalty tickets issues.. performance related pay or conflict of interest magistrates can decide..

[jno]

if you weren't using, and haven't got, a handheld device, then you have a defence against a charge of using one. It wouldn't matter if they had 30 witnesses and Imax film of the event, if all it showed was that you were doing nothing illegal. Better have documentation to prove what sort of device it actually was, though.

I doubt that they'd try to get you on some other charge unless you've committed one - *were* you driving without due care?

[jno]

oh god no, just seen your last post: do NOT go asking him about performance-related pay or anything else that hints he's corrupt or deliberately lying. That will not get a court on your side. Showing you didn't commit the offence will.

[Pavam]

I can ask that not as a means of suggesting he is bent but merely to reinforce my argument as to how mistakes can occur...

there is something called confirmation bias and it happens to people all the time..

if you think you know something you will look for things to confirm your bias even though in reality the objective evidence might not be there.. the fact that he gets more pay the more tickets he issues is merely a bias in that direction.. any hint of something wrong results in a ticket even though it might not be warranted..of course without prejudice

[Pavam]

you must have heard about the dodgy looking black guy who got arrested trying to gain access to his own home?! even Obama got involved..

[jno]

I think you should just concentrate on the facts, since they are in your favour. It isn't your job to show how the police could have made a mistake, it's his job to show he didn't.

[Pavam]

I certainly was not driving without due care.... AHM I cant see the bit of PACE relating to issue of fixed penalty tickets and code of practice relating to it.. can you be more specific within this act.. will try and google it too..