You're driving along and you see the dreaded blue lights in your mirror. Don't panic! Here's what you need to do:
1. Look for a convenient spot to pull over. Slow down and indicate. In this short time whilst you are stopping take some deep breathes to calm your nerves.
2. Turn off the engine. Doing this reassures the officer that you're not about to flee.
3. Be polite. Do not swear. Keep your hands on the wheel if you're shaking. Speak slowly and give yourself time to think. Don't rush in to an answer.
4. Keep your answers non-committal and brief. Try to answer questions as honestly as possible without incriminating yourself. Think slow, speak slow. Don't waffle and answer with as few words as possible without being rude.
5. Don’t think or act like you’re smarter than the police officer. You might well be smarter, but don't act like it. No one loves a smarty, especially the person contemplating if they give you a ticket or not.
6. Never produce your driving licence at the road side. You only have to provide the officer with your name, address and occupation. Giving them your licence can be confused with admitting you're guilty and wishing to accept a punishment. It's far safer for all communications to be paper based; ensuring the police do not misunderstand anything. Therefore keep your licence in your pocket - even if you have it on you!
7. If you're not sure why you've been stopped ask! It's OK to ask what the alleged speed was too.
1. A pen and paper to take notes (almost essential!). If you don't have a pen and paper ask to borrow one from the officer. Take notes of what you do and say. Take notes of what the officer does and says. As soon as you get home type up your notes. BE OBJECTIVE and factual in your notes!
2. A voice recorder (optional). Some mobile phones have a voice record function built in. Be sure if you're holding the device/phone that the officer does not then accuse you of using it whilst driving.
3. A camera (optional). Again, mobile phones often have one built in. Taking photographs of the site will help you and us build a very strong case.
4. If you have a passenger...ask them to come with you to the back of the officers car so that they can act as your witness. If possible, ask them to take notes as well as yourself.
Ensure everything you say is polite. If you're friendly and professional the officer will respond in kind.
| The Road | |
| Try to draw a birds eye diagram of the road, including bridges and sign posts. Things to include in your drawing are: | |
 |
A sketch of the road (a nice panoramic photograph in addition to this can help too). |
|
Mark your direction of travel. |
|
EXACTLY where the officer was positioned when they were monitoring the traffic. |
|
Any road signs or other vertical surfaces that a radar wave could conceivably reflect off |
|
A drivers eye photo (if possible, stand to the side of the road) of where the officer was when they caught you. |
|
Measure the space between the white marks on the road where the speed trap target zone is, if applicable.. |
| The Environmental Conditions | |
| Any external variable condition you can think of. The road (above) is a fixed constant. Anything that could change you need to make a note of as these are unique to your alleged offence. | |
|
Is the sun in your eyes? |
|
Is the sun in the oncoming traffics eyes? |
|
Is the road wet? |
|
Is there much traffic on the road? |
|
What time of day is it? (include AM/PM) |
|
What temperature is it? |
|
How fast is the wind? |
|
How fast was the flow of traffic? Sometimes on motorways traffic flies along over 70 mph. |
|
Any other noteworthy conditions such as fog, ice, snow, road works, etc? |
| The Officer(s) Details | |
| Taking the officers details allows you to file a complaint should you feel you were mistreated. It will also help to identify the officer and the vehicle when asking for proof of qualifications, calibration certificates and other case building documents.
If an unmarked car pulled you over ask how fast they were going and whether that's allowed without warning lights. |
|
|
Their Full name |
|
Badge Number |
|
Their Vehicle Licence Plate |
|
Unmarked car details: Speed, Duration, Warning Lights (on/off), etc and officers explanation of unmarked police car guidelines. |
| Evidence Details | |
| Ask to physically see the evidence. Is your offence on video? Or is it just a number on a hand held device? Is there a photo of you? Make a record of the what evidence the officer has collected. | |
|
Types of evidence (photo, video, officer expert opinion, radar gun, speedometer, etc) |
|
Description of each type of evidence |
|
Request a copy of all evidence for independent verification. Make sure the officer makes a formal note of this request. |
|
How many officers witnessed (with their eyes) your alleged offence? |
|
From YOUR MEMORY: If the officer caught you using a handheld device, did he pan the device as he scanned you? Don't ask the officer this, as they may catch on to a common loophole you may be able to use. If you can't remember don't worry. We may be able to work this out from the officers position to the traffic. |
| Device Details (if one was used) | |
| Take detailed notes on the device and how the officer used it. Ask them how device works, this tests their understanding/competence. This can then be compared to the legal standards. Anything that was manually operated means there's room for human error, so ask them to explain everything they did step by step. | |
|
Manufacturer |
|
Make |
|
Model |
|
Officer explanation on how they used it including markers used on or near the carriageway |
|
Calibration Certificate: the device should have been checked that day. |
|
Is the device LIDAR or RADAR based? |
| Offence Details | |
| Why did the officer choose you? If the officer replies "you were speeding" get him to elaborate. Ask the officer to explain why they picked on you in the first place. Under the provisions of the Human Rights Act they'll need a coherent explanation - it's against the law for an officer to just sweep the road for speeding cars, they must first visually suspect the vehicle is speeding. | |
|
Alleged Offence Details (speed, offence codes, etc) |
|
The Officers Step-By-Step Account |
|
Did the officer display any warning signs about the speed trap? |
|
A transcript or recording of your entire conversation with the officer |
|
What other cars were around you? Were you being overtaken at the time? Was a large HGV behind you? The officers video/photo evidence could help here. Try to sketch any other car's position that was near to you on your road diagram (see above). |
The Verbal NIP (Notice of Intended Prosecution) is all the officer needs to legally do before prosecution begins. You may not hear anything from the police after the verbal NIP until a letter drops through your door summoning you to court.
The verbal NIP can take many forms, so long as the officer can prove you were made aware that you are suspected of committing an offence and may be prosecuted for it then you are deemed to have been served the verbal NIP.
However, being served a verbal NIP is different to understanding it. The officer must be able to prove that you understood it. If they cannot prove this then the verbal NIP is void. Proving you understood the charge will lie with the prosecution. If you can record the conversation on a mobile phone or voice recorder this will help greatly.
By reading these pages you are confirming that you have first read and agree to our general disclaimer. We will respond quickly to any intellectual property infringement.
