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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 777
Experience:  Solicitor with over 15 years experience.
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Hi my girlfriend was stopped by a marked police carrier coming

Customer Question

Hi my girlfriend was stopped by a marked police carrier coming off a pub car park in September,we travelled 0.3 miles until the point of stop.She was given a breath test which she passed.I am a retired police officer and disgusted at this tactic I did give the officers some abuse regarding policing priorities etc and as that they waited 20 min to take the test.This appeared to agitate the Sgt in the van of 6 officers although the officer conducting the test was happy and used the time to take my girlfriends details.After she passed the test I felt myself getting more agitated so said to her lets walk home,we began to walk off when suddenly the Sgt ran to my girlfriend pulled her backwards by her clother and said'your going nowhere you are being reported for failing to stop" I continued my abuse by telling him there was no evidence of this.We walked the short distance home and made a complaint of common assault.We were fobbed of by a Inspector who said it was justified and awaiting a decision on the traffic offence.Although the complaint was recorded.We have made a seperate one to the IPCC for the assault and for failing to investigate it.She has just received a summons for failing to stop Sec 35 RTA.I believe this a malicious prosecution aimed at frustrating the assault allegation.My girlfriend is a widow with 2 children who had never been stopped by police in her life before
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
LondonlawyerJ :

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

I thik you may well be right about the motivation of this prosecution but how can I help you with this?

JACUSTOMER-9i7mnazf- :

We received notification yesterday from the IPCC that as it is common assault summary only and there is a 6 month time limit it may need to be investigated before the Fail to Stop is resolved.But didnt say what to do other than speak to a solicitor.Due to having a bit of knowledge around this area I want to try to deal with this side of it ourselves.She is pleading not guilty to the summons for this.Whist the police are saying subjudicy and at the moment have refused to report as a crime even if she were to be found guilty of the RTA offence the assault is still unlawful as whilst waiting to take the breath test one of the officers took her details which matched the registered keeper of the car so detaining her further was unlawful - appreciate your views

LondonlawyerJ :

Unless he is saying that in the 0.3 mile drive when they followed she failed to pull over when requested. She will obviously need legal representation to avoid a conviction.

JACUSTOMER-9i7mnazf- :

I am at the moment more concerned about how to get the assault investigated so it does not fall out of the time limits which it may do if we wait for the conclusion of the trial

JACUSTOMER-9i7mnazf- :

Also my impression of failing to stop was that it basically needed to be a chase with agrivating factors( drink/Drive Disqual etc,not a 20mph panic about where to pull over once blue lights and horns appeared behind her ?

LondonlawyerJ :

No, it is simply failing to stop as directed. In terms of avoiding the assault being started within the 6 month time limit for summary only offences if you can to get this started by the CPS - and you may well not be able to- then you might have to consider a private prosecution if you really want to.

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