fine for swearing!

[lawsanass]

My friend was returning from visiting her very sick hubby in hospital last week when some nut case coming towards her smashed her wing mirror. He had drifted onto her carriagway slightly. My friend stopped, as did he. He swore at her saying it was her bl**** fault and she should f****** look where she was going ! She then retaliated and called him a blind f***** ***t. Not nice I know but it was his fault. The only other witnesses were her mum in her car and 2 kids in his. Last night 2 police officers called on her and gave her a fixed penalty of �80 for a public order offence. The police had not witnessed this and fined her on the sayso of the other bloke. Is this correct. Surely there would have to be witnesses, and if not can she file a complaint against him for the same offence as he swore at her to? I think our police system has gone mad, total waste of taxpayers money.

[randyraven]

She should have denied it and refused the fine.
It's up to them to prove it.
Without and independent witness , then I dont see how they could. And do you see the CPS spending time on this ...don't think so. The CPS are run of their feet at the moment.

[lawsanass]

She was so shocked at the police visit, they cautioned her and said if she didnt pay it would go to court and she would end up with a criminal record ! She admitted swearing (they did not even want to know what the swear words were) and paid the fine. She can not get a criminal record and she is a special needs teacher for handicapped kids and would get the sack

[Yorkie580]

In simple terms, she wasn't actually been fined by the police, she was issued with a fixed penalty notice.... she has the option of either paying the fine or challenging it in court - the decision is her's and it's all explained on the FPN.

If she's now paid it then that will be the matter over with - she can't appeal now unfortunately.

Police Officers do not have to witness everything in order to arrest/summons/issue an FPN (how many crimes would be solved if they had to be witnessed by a police officer prior to arrest?) Very often they have to act on what they are told and investigate it from there.

Unfortunately, for as long as police officers' performance is judged on crimes solved rather than crimes prevented, minor crime like this will continue to be dealt with in this way. It's one thing for the government to say they want no crime.... but while minor punishments are given out, and police are judged on solving rather than preventing crime it won't change. Why do you think so many Police Officers are leaving??

[innocenti]

Why cant your friend report the other driver for dangerous driving?

[RevFunk]

How on earth can you be given a penalty notice for something that hasn't been witnessed????

[lawsanass]

I have no idea RevFunk, its all to do with public order offences 1986. apparently she cant report him for dangerous driving as thats a criminal offence and guess what....... you need independent witnesses !!!!! She can report him for swearing at her and he will then get the same fine as her..... more wasted police time, travelling, form filling etc It would appear that now she has paid her fine she can not argue the point.

[lawsanass]

cont..... she did swear at the bloke, understandably so. She held her hands up and admitted that, therefore she paid the fine. The whole point is, as you said, how can you get a penalty when its just on the sayso of the aggreived person..................laws an ass !

[RevFunk]

I still find this almost impossible to believe.

If that was the case then I could make something up and get people cautioned for it with no witnesses.

Why did she accept it??? She only had to say she hadn't sworn

[randyraven]

Your friend should have told the police to F off :-)

[randyraven]

If you think about it ...
She did swear at him.
So she was gulity.
She was fined for the crime.
Seems like the Police were doing their job and applying the law.
Now if she had not been guilty and just paid the fine to save a court apperance , then that would have been different.
I'm in the postion. I cant under any circumstances get a criminal record. It would cost me my job and future.
So the leason is ....Dont do well and have a life where having criminal record does not matter ...like the chavs we have seen on tv recently.

Ever seen Judge Dredd film :-)

[lawsanass]

randyraven........you got it right......... she did the deed, paid the penalty but what sort of society allows this sort of penalty having to be paid thru fear of loosing your job!!! Next time I over hear someone use an expletive, i must ring the police and get some more revenue for the government !!! whats the bl**** world coming to.