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Old 13-06-09, 07:56 AM   #1
tj ready
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Unhappy I need some hellp please!!!!

Hi,
welll i got stoped by the police last night for doing 35mph round 2 rounderbouts in my 1993 rover mini cooper, aparently i was not in controll of my car and my tyer's where screching, but when i explaned that i had not herd the screching from my tyers and i was in complet controle of my car. they then acused me off haveing my music on so load i oversly did not hear it, but my music was not on loud other wise i would not of herd my gear box ratiling, they then proceded to give me a section 59 for not being in controle of my car they then impounded my car gave me a 7 day wonder. is there eny chance of me going to court to get points or a fine ?? the resion is i have allredy got 3 points for an ilegal u tern (another soft spot ) and if i get another 3 points i will lose my licence my job my mum and dad sead they wont let me live at home eny more and my girlfrend proberly wont talk to me for a long time and trust me i rearly dont need eny of it. eny sort of advice would be more than aprechiated. thanks agen tj.
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Old 13-06-09, 08:05 AM   #2
Jamiebridges123
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Default Re: I need some hellp please!!!!

What was the speed limit of said roundabouts?

Quote:
59 Vehicles used in manner causing alarm, distress or annoyance

(1) Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which-

(a) contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless and inconsiderate driving and prohibition of off-road driving), and
(b) is causing, or is likely to cause, alarm, distress or annoyance to members of the public,
he shall have the powers set out in subsection (3).

(2) A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (1).

(3) Those powers are-

(a) power, if the motor vehicle is moving, to order the person driving it to stop the vehicle;
(b) power to seize and remove the motor vehicle;
(c) power, for the purposes of exercising a power falling within paragraph (a) or (b), to enter any premises on which he has reasonable grounds for believing the motor vehicle to be;
(d) power to use reasonable force, if necessary, in the exercise of any power conferred by any of paragraphs to (a) to (c).
(4) A constable shall not seize a motor vehicle in the exercise of the powers conferred on him by this section unless-

(a) he has warned the person appearing to him to be the person whose use falls within subsection (1) that he will seize it, if that use continues or is repeated; and
(b) it appears to him that the use has continued or been repeated after the the warning.
(5) Subsection (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this section if-

(a) the circumstances make it impracticable for him to give the warning;
(b) the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person;
(c) the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or
(d) the constable has reasonable grounds for believing that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning under that subsection has been given (whether or not by that constable or in respect the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.
(6) A person who fails to comply with an order under subsection (3)(a) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(7) Subsection (3)(c) does not authorise entry into a private dwelling house.

( The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 60 are in force.

(9) In this section-

"driving" has the same meaning as in the Road Traffic Act 1988 (c. 52);
"motor vehicle" means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and
"private dwelling house" does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.

Excuse the long info.

It seems like it's your word against theirs, unfortunately theirs tends to be stronger. Best you can do is stand your ground. They would need some sort of proof, such as video footage of the like. Surely them saying you couldn't hear your tyres from your stereo is a bit of a shot in the dark, as it were? Hope that when you collect your vehicle they'll let you off with a caution or the like.
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Old 13-06-09, 08:15 AM   #3
tj ready
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Default Re: I need some hellp please!!!!

Hay, thanks for the reply the speed limit was a 50mph thanks tj
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Old 13-06-09, 08:18 AM   #4
Jamiebridges123
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Default Re: I need some hellp please!!!!

Then you weren't speeding and you should stick to your guns, I'd say! Seems like they had a bad day and were making it a pain in what you sit on for ya!

Tbh it's a bit far fetched.. They can hear your tyres squeal from inside their patrol car, what should be a safe distance away (so call it 15m), above any conversation they may have and above their radio chatter, all crap IMO.
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Old 13-06-09, 08:24 AM   #5
tj ready
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Default Re: I need some hellp please!!!!

I no its stupid, but hay what can i do if i do lose my licance im not going to find another job eny time soon. thanks tj

Last edited by tj ready; 13-06-09 at 08:32 AM.
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Old 13-06-09, 09:28 AM   #6
CoolGirl
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Default Re: I need some hellp please!!!!

sorry, but if you were misbehaving and drawing yourself to the attention of the police, then what on earth makes you think it's OK to try and get out of it?

From the nature of your post, I'm going to make a huge assumption here and say that you lack maturity. If you've got a job that required a clean license, then you might want to take better care of it. I know this isn't what you want to hear, but take whatever punishment you're given on the chin, learn the lesson, and take a bit more responsiblity for yourself in future.

Last edited by CoolGirl; 13-06-09 at 09:29 AM.
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Old 13-06-09, 09:40 AM   #7
Lozzo
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Default Re: I need some hellp please!!!!

I'd be inclined to request a meeting with their inspector and demand they appear too so you can discuss the situation and explain the reasons why you think the section 59 ticket is unreasonable on this occasion. It seems like you may be known to them for dicking about in your car, and eating a little humble pie might possibly get you let off if you're prepared to aplogise and keep your nose clean in future. Also, how did you act while the coppers were booking you, because politeness will get you a long way. Act the ar*e with coppers at the side of the road and they will throw the book at you - give a polite response and they may listen to any explanation you might have.

But... I'm guessing you don't do politeness to coppers much in Essex.

Last edited by Stig; 13-06-09 at 11:10 AM.
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Old 13-06-09, 09:47 AM   #8
Lozzo
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Default Re: I need some hellp please!!!!

On another point, why is the standard of written English is so damned poor amongst the younger generation? Do you kids not get taught how to spell simple words like 'again' 'heard' 'tyres' and 'explain'? Is it down to bad teaching or just a general CGAF attitude from the kids?

When I was employing people I'd read their CVs very carefully to look for bad grammar and spelling; if it was anywhere near as bad as the OP's then the CV would go straight in the bin. The wholesale destruction of the English language really annoys me.
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Old 13-06-09, 09:51 AM   #9
tj ready
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Default Re: I need some hellp please!!!!

hi,
thanks for both of your replys i must say that you both make a lot of sence to me. when i spoke to the coopers i was polite and constntly saying sorry. i have now been up the police station and im now going to get my car but i have to pay £150 to get it out of the impound i did ask the cooper in the police station wether i was going to court he did not anser in a strate yes or no but what he did say is "you are yong and you need to be more cearfull in futcher" so i might be ok i supose ill wait and find out thanks agen tj
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Old 13-06-09, 09:53 AM   #10
Dan
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Default Re: I need some hellp please!!!!

Quote:
Originally Posted by tj ready View Post
i did ask the cooper in the police station wether i was going to court
How would he know? It's not up to him, he just makes the barrels.
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