Me and my mate both got stopped by the police for speeding at 40mph in a 30mph. As soon as I got off I apologised to the female officer and basically put my hands up.
However, my mate gave her a load of verbal, called her ‘sweetheart’ and asked why she wasn’t out catching burglars. I told him to stop being a dipstick, but she was unimpressed to say the least. The result: I got told to slow down by the officer and asked to leave while she dealt with my mate. He then got nicked.
He is not a happy bunny and reckons he is going to court to defend the case on the basis I got off. Can he do that? And why didn’t I get nicked?
In England and Wales your friend has a right to go to court and ‘put the prosecution to proof’ i.e. to be convicted the CPS need to prove beyond a reasonable doubt he was speeding. However, your mate attempting to defend the speeding allegation on the sole basis that you got off will not work.
As for why you didn’t get nicked, it’s because of ‘the attitude test’. It’s as simple as that. You weren’t out of order to the police officer and she used her discretion to not take any further action.
Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.