Can police prosecute me for speeding with no hard evidence?
I was driving and had an accident where the road conditions were very wet, and it was strong gusts of wind with heavy rain. Speed limit was 30mph, I was doing around 45mph.
The vehicle lost control due to the poor weather conditions and I crashed into someone’s brick wall. My insurance is sorting out the repairs to my vehicle and the guys home.
Police came within a few minutes of the accident and asked me questions. They asked what speed I was doing and I stupidly said 45mph.
A week later, they came to my house to try and speak to me but I wasn’t in, and a day or two after, they kept ringing my mobile and today I answered, they wanted to meet me to do some ‘paperwork’.
Met up with them and they wanted to process their Traffic Offence Report Form to submit for investigations and prosecutions.
They said the camera on that road was not working. The road conditions were wet with heavy rain and strong winds that night.
I only damaged the guys front wall and my own car, didn’t damage or kill anyone.
When they spoke to me about the report before they got me to sign, I said due to the poor weather conditions, as the vehicle lost control, I was unsure if I was doing 45mph.
Now they’re going to submit to the Traffic Prosecutions Team, who will make a decision on prosecution.
They said I can appeal.
Can they prosecute me and give me points with no real evidence of me speeding apart from my own confession which I could have been in shock that day of the accident when I said it?
- DanLv 48 months ago
They can charge you...the judge can even prosecute you. You *might* be able to win in court if you challenge it, but generally the police are always right in court. To fight it will cost money and time and the police know this. They know most will roll over and not fight it.
- BortLv 68 months ago
Police can't prosecute, period. They aren't the judge and jury they can only accuse and give out citations. If you got a citation you can attempt fighting it by pleading not guilty and showing up for the court date to submit your 'not guilty' plea.
- BruceLv 78 months ago
Your crashed car is hard evidence. You admitting to 45mph is hard evidence. Speed limits are the maximum speed allowed under ideal conditions. By your own admission, conditions were not ideal. As far as you claim of the weather causing the accident, that will not work. The weather was a "contributing circumstance". The cause of the accident is you driving too fast.
- PearlLv 78 months ago
just tell them the accident caused your car to speed more
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- 8 months ago
The offense would be driving too fast for conditions, which you just admitted.
- CarsonLv 68 months ago
So, besides the fact you had already confessed?
Hope they charge you for 45 in a 30. Because you are right, they can't prove it.
Since they can not prove you were driving 45 in a 30, if the prosecutor has any brains you will be charged with what they can and will prove:
"Driving to fast for road conditions." or how your law regarding be in control of the vehicle in inclimate road conditions.
- Kiss Me KateLv 78 months ago
they have hard evidence--you confessed to going 15 miles over the speed limit in bad driving conditions.