Family & Relationships3 mins ago
speeding
2 Answers
my husband was stopped for speeding last night by traffic police they did not tell him what speed he was doing although did caution him and said they would tell the fiscal he was doing at least 90 and he may decide to also charge him with dangerous driving husband thinks they may not have any evidence why then would they caution him
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For more on marking an answer as the "Best Answer", please visit our FAQ.Scottish law does differ in some areas to English law but from my experience with English Law i will try to explain.
When stopped by the police they question you about an alleged offence.When the point comes that they believe they have sufficient evidence to prove that offence has been committed then the suspect must be cautioned. This informs the suspect that they may be arrested or reported depending on the offence and advises that they may say nothing further.Also replies given to the police after the caution can then be used as evidence in any future proceedings.
If the police did not issue the caution then any replies given would not be admissable in court.
When stopped by the police they question you about an alleged offence.When the point comes that they believe they have sufficient evidence to prove that offence has been committed then the suspect must be cautioned. This informs the suspect that they may be arrested or reported depending on the offence and advises that they may say nothing further.Also replies given to the police after the caution can then be used as evidence in any future proceedings.
If the police did not issue the caution then any replies given would not be admissable in court.
Strikes me that if they are going to job him for dangerous and over 90 he was going significantly over the legal limit in the whole of the uk which is 70. In England more than 20 over the posted limit normally goes to court unless the feds are benevelont and you are contrite enough to barter down to an SP30 take the tree points and mini fine. If he was doing that kind of speed the odds are that there was a camera in the car which will stand as evidence in any court. Best just hope they dont elevate it any further because balthering your way out of motoring offences is for superstars and is rarely looked upon kindly by magistrates either side of the border.