Not wearing a seatbelt

[Stevieg87]

Hi I'm looking for some advice. I was pulled over by traffic stop for people not wearing seat belts. I said to the office that I was wearing a seatbelt and that his spotter was wrong. He took my details and said if I disagree that I'll have to go to court. I've received the letter and it says that I've confirmed I've committed the alleged offence which I didn't. Dose anyone know if I stand a chance in court as there is no evidence and is it worth doing.

[HandyAndy]

Dose anyone know if I stand a chance in court as there is no evidence...

There is evidence - the testimony of the person who saw you allegedly not wearing the belt. If you are prosecuted and decide to defend the matter you can disagree with that person's statement and have him attend court. There you can cross-examine him to try to convince the court that his evidence cannot be relied upon. If you are convicted you will face an income-related fine of half a week's net income (the maximum fine for the offence is £500). As well as that you will pay a "Victim Surcharge" of 40% of the fine and a contribution towards prosecution costs which normally start at £620.

... and is it worth doing

.

Only you can decide whether the potential cost of failure (which would be in the order of £1,000 for many people) against the cost of a fixed penalty (£100) is worth it. The court will hear from the "spotter" and from you and they will have to decide whom they believe. It is the prosecution's job to prove the issue to the court so that they are sure you committed the offence.

[Manxman]

... I've received the letter and it says that I've confirmed I've committed the alleged offence which I didn't...

What "letter" have you recieved and what does it actually say? Is it a Summary Justice Procedure Notice (SJPN) asking you to plead either "Guilty" or "Not Guilty", or is it a conditional offer of a fixed penalty if you accept the offence?

I find it a bit difficult to believe that "the letter" - whatever it is - confirms that you have admitted the offence. Are you certain it isn't just alleging the offence, or telling you that you have been charged with it?

Whether it is worth you fighting the charge in court is up to you. HandyAndy has summed up the pros and cons.

[Stevieg87]

Hi I've decided to pay the fine as there not worth wasting my time on and to big of a gang to beat really. But as you can see in the letter there saying I have confirmed I committed the offence when I made him write in his notes I didn't. Just find it highly annoying how they can blatant lie all the time and get away with it. Should i not speak to any officer in future when pulled over and not hand out any details? Lost any faith I had left in the system. Also they don't make it easy to go to court as you have to do it by letter. Obviously they get payments for fines or book courses on line. Thanks for the replies they did come in handy

[Stevieg87]

Also they have sent another letter out before the date runs out on the original to extend the date I need to reply back which I thought was a bit weird