Volkswagen Golf - No Seatbelt - Read My Rights

Honest John Back Room » Legal matters
View Threaded
Wed 8 Jun 2022 13:26
Volkswagen Golf - No Seatbelt - Read My Rights - Croppie
Hi folks,

Just after a bit of advice.

I was pulled over yesterday for no seat belt in a rural town in Wiltshire. The officer put the blues on and flagged me down to pull in. As he approached my drivers window, he said ‘hello sir, I’ve stopped you for no seatbelt etc’…..then immediately proceeded to read me my rights. I admitted the oversight on my part, held my hands up and apologised profusely. Then his demeanour seemed to change slightly. He gave me a fixed penalty notice of £100 on the spot …which I intend to pay of course, and said that would be the end of the matter, and of course I was happy to avoid any points.

Other than a few basic rights, I’m quite ignorant on general legislation when interacting with the police. It all happened very fast, so I didn’t really think to question it at the time. Is this something the police are now doing? Or is it it likely he was playing ‘bad cop’ to try and frighten me in the first instance to decide how he was going to play it? Or simply just a ‘heavy handed’ officer? He was patrolling alone and was a traffic cop for what it’s worth.

I’ve been stopped a few times previously (stop and search & speeding) in big cities by regular police officers and never been ready my rights and the police interactions have always been friendly and accommodating.

In the end we left on good terms and even had a quick chat about cars, but I just couldn’t shake the feeling that it seemed extremely heavy handed for a routine traffic stop. Usually I would expect the police to ready you your rights when arresting, questioning, detaining etc. Is this routine for having no seatbelt?

Has anyone had similar experiences/offer advice?

Thanks in advance for any comments/advice.

Cheers,

Croppie
Reply | Report as offensive | Link
Wed 8 Jun 2022 14:44
Volkswagen Golf - No Seatbelt - Read My Rights - Gerry Sanderson

An officer investigating an offence where he has reasonable grounds to believe an offence has or is being committed or arresting or reporting MUST caution the offender

i e your not obliged to say anything etc etc

before any further questioning otherwise what is said is not admissable as evidence.

He had evidence of seeing the offence and straight away took an insurance policy out to use whatever was said by immediately cautioning.

Standard practice

dvd

Reply | Report as offensive | Link
Thu 9 Jun 2022 19:17
Volkswagen Golf - No Seatbelt - Read My Rights - Croppie
Thanks for confirming, Gerry.

I suspected this might have been the case, I’d just never heard it spoken for traffic stops/offence..

Where I get confused is with a formal police caution and them ‘cautioning’ you your rights.

Cheers,

Croppie
Reply | Report as offensive | Link
Thu 9 Jun 2022 20:43
Volkswagen Golf - No Seatbelt - Read My Rights - Middleman

...and of course I was happy to avoid any points.

You would have every reason to be particularly aggrieved if you had any points imposed. Seatbelt offences do not carry points.

Reply | Report as offensive | Link
Fri 10 Jun 2022 12:15
Volkswagen Golf - No Seatbelt - Read My Rights - Gibbo_Wirral

I was once stopped for speeding. Held my hands up to it.

The officer was training some new recruits at the same time and asked me if I would help their training by providing a breath test. I agreed and he then proceeded to read me my rights.

(it was 0.0 BTW)

Reply | Report as offensive | Link
Thu 16 Jun 2022 20:24
Volkswagen Golf - No Seatbelt - Read My Rights - Croppie
Just curious as to what would have likely happened if I had denied the offence? He has no hard evidence. His word against mine (lone officer), no dashcam on his car (at least that I could see) and by the time he reached me window I’d already belted up.

Comments appreciated.

Cheers,

Croppie
Reply | Report as offensive | Link
Thu 16 Jun 2022 22:15
Volkswagen Golf - No Seatbelt - Read My Rights - RT
Just curious as to what would have likely happened if I had denied the offence? He has no hard evidence. His word against mine (lone officer), no dashcam on his car (at least that I could see) and by the time he reached me window I’d already belted up. Comments appreciated. Cheers, Croppie

Presumably he'd seen that you had no belt on, and that was why he stopped you - if you didn't accept a Fixed Penalty Notice then you'd have to take your chance in court - unless you've evidence to the contrary, magistrates will believe police officers.

Reply | Report as offensive | Link
Fri 17 Jun 2022 08:56
Volkswagen Golf - No Seatbelt - Read My Rights - ExA35Owner
Just curious as to what would have likely happened if I had denied the offence? He has no hard evidence. His word against mine (lone officer), no dashcam on his car (at least that I could see) and by the time he reached me window I’d already belted up. Comments appreciated. Cheers, Croppie

Presumably he'd seen that you had no belt on, and that was why he stopped you - if you didn't accept a Fixed Penalty Notice then you'd have to take your chance in court - unless you've evidence to the contrary, magistrates will believe police officers.

....and that suddenly costs you a lot more - fine will be bigger than an FPN, there'll be a victim surcharge as well.

However driving without a seatbelt can cost you a lot more, possibly your life, and it can cost us a lot more if you get injured and we the taxpayers have to pay for your medical attention, so I think we should all be grateful to the policeman.

Reply | Report as offensive | Link
Fri 17 Jun 2022 10:45
Volkswagen Golf - No Seatbelt - Read My Rights - Falkirk Bairn

>>>Volkswagen Golf - No Seatbelt - Read My Rights

Better the Police read you your rights

Not wearing a seat belt!

Could have been a priest reading you "your last rites"

Earlier this week a 76 year old driver was fined some £2000+ costs + spending £4500 solicitor's fees

Passed too close to a cyclist and offered

Offered a driving awareness course (he would pay for the day) & refused

Offered a Fixed Penalty

|Refused both and had is days in court

Reply | Report as offensive | Link
Sun 19 Jun 2022 21:22
Volkswagen Golf - No Seatbelt - Read My Rights - Middleman

Just curious as to what would have likely happened if I had denied the offence? He has no hard evidence. His word against mine (lone officer),

His word (and indeed yours) is "hard evidence". Incredible as it may seem, convictions for motoring offences were achieved long before the invention of dash cams, speed cameras and so on. If you pleaded Not Guilty in court the officer would give his evidence, you would give yours and the court would decide which it found the most compelling.

Reply | Report as offensive | Link
Fri 24 Jun 2022 17:49
Volkswagen Golf - No Seatbelt - Read My Rights - Andrew-T
... by the time he reached my window I’d already belted up.

It seems you were well aware of not being belted in - which is daft as there is little purpose in driving like that. So little sympathy from me.

Reply | Report as offensive | Link

Looking for a garage you can trust? Honest John's Good Garage Guide has thousands of reader recommended garages, plus how-to guides and tips on servicing.

The Good Garage Guide