Seeing The Evidence

Question:

E1806, Contravene Double White Line System

I was overtaking vehicles on the road between x and x, and was soon pulled over by a police woman who had videoed me overtaking on what she claimed were double white lines, the still she showed me from the video in the vehicle was not very good quality and I took the FPN she gave me as I presumed that she was correct. I have since passed the site again and I believe that the point at which I over took may not have been double white lines and in fact was dashed white lines on my side.

I have contacted North Yorkshire Police on this matter and they say that they will not provide me with a copy of the video unless I request a court date. I am not going to request a court date unless I am certain that I am correct or I may be liable for the costs. It is my belief that I am entitled to a copy of the tape under PACE before making a decision as to whether to dispute the matter otherwise they have me over a barrel either way, and I am not in the financial position to risk having to pay court costs.

Frankly the police were uncooperative and would not grant me with the chance of speaking to the officer involved in the case either. My question to you is therefore, am I entitled to a copy of the video before making my decision or are the police correct?

Emma Says:

The police are correct. the fixed penalty system is designed to be fast and cheap. You are not entitled to see the police evidence as of right until you opt for a court hearing and reject the ticket. If you then plead guilty or get convicted you will get a higher fine and court costs. The system is designed to focus your mind on whether or not you are really up for a fight.

If you are come back to me and I will be happy to assist further.



About Emma Patterson

Emma has built Patterson Law into one of the leading specialist motoring law legal practices in the UK. By carefully assembling a team of exceptional road traffic law experts Patterson Law has been able to out perform their competitors with high success rates in court.
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