The Truth About Loopholes In The Law
There have been theories about loopholes in the law for years. People hear things about if this isnt checked or if the police forget to do this then they cant arrest you and most of the time, these things just arent true.
Possibly the most frequently heard claim is that if a police officer fills in some information incorrectly on a traffic offence ticket, like a speeding ticket, then the ticket is void. This, as with most of these theories, is not true.
This is because the ticket that he gives to you is not official evidence, it is just a brief overview of the offence and if you question the validity of the ticket due to an error, then all that will happen is that a court summons will be sent to you and the officer will have to draw up an official statement which he is not likely to make any errors on.
If you challenge the actual accusation however, i.e. you dont believe you did commit the offence they are accusing you of, then a mistake on a ticket could be put forward as evidence that the officers work is inaccurate and unreliable.
However if you did actually commit the offence and a police officer catches you, you dont really have a leg to stand on.
Another theory that has come up is that when the police ask you who was driving the vehicle at the time of the offence, you dont have to tell them because that would violate human rights. People think that if you are the registered keeper then you dont have to answer the question who was driving it as your human rights allow you to withhold this information.
The fact is that this just isnt true. Human rights have been changed to this effect because the compromise in human rights is proportionate to the importance of road safety.
Something else that is fairly common is that when people have insurance policies whereby they can drive other peoples cars with their permission, they will buy a new car and before they are changed to the registered keeper of the vehicle, they drive it around believing that they are insured to do so having kept their insurance on their old car, because officially the new one belongs to someone else.
This is of course, untrue. If you have paid money for the vehicle, then it is yours in the eyes of a court, which means you would not be covered on the insurance that allows you to drive other peoples cars, so you would have to transfer the insurance over to be able to drive the new car legally. - 21396
Possibly the most frequently heard claim is that if a police officer fills in some information incorrectly on a traffic offence ticket, like a speeding ticket, then the ticket is void. This, as with most of these theories, is not true.
This is because the ticket that he gives to you is not official evidence, it is just a brief overview of the offence and if you question the validity of the ticket due to an error, then all that will happen is that a court summons will be sent to you and the officer will have to draw up an official statement which he is not likely to make any errors on.
If you challenge the actual accusation however, i.e. you dont believe you did commit the offence they are accusing you of, then a mistake on a ticket could be put forward as evidence that the officers work is inaccurate and unreliable.
However if you did actually commit the offence and a police officer catches you, you dont really have a leg to stand on.
Another theory that has come up is that when the police ask you who was driving the vehicle at the time of the offence, you dont have to tell them because that would violate human rights. People think that if you are the registered keeper then you dont have to answer the question who was driving it as your human rights allow you to withhold this information.
The fact is that this just isnt true. Human rights have been changed to this effect because the compromise in human rights is proportionate to the importance of road safety.
Something else that is fairly common is that when people have insurance policies whereby they can drive other peoples cars with their permission, they will buy a new car and before they are changed to the registered keeper of the vehicle, they drive it around believing that they are insured to do so having kept their insurance on their old car, because officially the new one belongs to someone else.
This is of course, untrue. If you have paid money for the vehicle, then it is yours in the eyes of a court, which means you would not be covered on the insurance that allows you to drive other peoples cars, so you would have to transfer the insurance over to be able to drive the new car legally. - 21396
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posted by X - Men @ 1:52 AM
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