Summons for "without due care and attention"

[Walter Sobchak]

How do the rules work for footage submitted by a member of the public?, I thought it would have to be by the police otherwise it would be inadmissible as it could have been changed etc.

[Markbarry1977]

What's the chance of sorry guv but it wasn't me. Someone must have cloned my bike or is there clear evidence of your face.

Isn't there a thread on here of some bloke doing a 180mph outrunning the cops when his r1 came back as a seat Leon now in this case he's a tt for using a car plate on a bike but what if he had actually used another r1 number plate.

Just a thought and I'm in no way suggesting it. If you were caught lying perhaps follow you on all the millions of cctv cameras then you would be up for a real shafting sans lube at best.

[Tango13]

Maybe the OP should read up on 'Absolute Privilege' whilst under oath, go with a 'not guilty' and get the cyclist on the stand for a bit of Q & A

[creampuff]

3nduro said:

thanks for the steer ... so guilty by post ...in "mitigating circumstances" ... that is where I stick in the grovelling apology to everyone apart from the cycle nazi do gooder ?

A grovelling apology is not mitigating circumstances, it is just a grovelling apology. Mitigating circumstances is a reason for your actions, for example you felt a sudden burning in your crotch and thought your fuel tank had leaked, ignited and your underpants were on fire, meanwhile you thought the HGV behind you hasn't seen you despite your glowing gonads so you decided to make for the footpath as it was the least worse option out of potentially coming into conflict with pedestrians and being trapped under an HGV carrying bulk Cliff Richard CDs whilst your body was consumed by the fire originating in your crotch. That is a mitigating circumstance.

Being late isn't a mitigating circumstance.

[creampuff]

Birky_41 said:

Doesnt it make you just want to ride with your plate either off or partially covered?! Gutting to read thats happened to you

Somebody will report you for that too. Or the first copper to see it will pull you over.

[Ed.]

creampuff said:

Birky_41 said:

Doesnt it make you just want to ride with your plate either off or partially covered?! Gutting to read thats happened to you

Somebody will report you for that too. Or the first copper to see it will pull you over.

Unless you're on a stolen scooter with no plates of would seem.

[Max5476]

Tango13 said:

Maybe the OP should read up on 'Absolute Privilege' whilst under oath, go with a 'not guilty' and get the cyclist on the stand for a bit of Q & A

Out of interest, what would 'Absolute Privilege' gain?

I can see that making the cyclist waste a day in court would be worth it.

[Tango13]

Max5476 said:

Tango13 said:

Maybe the OP should read up on 'Absolute Privilege' whilst under oath, go with a 'not guilty' and get the cyclist on the stand for a bit of Q & A

Out of interest, what would 'Absolute Privilege' gain?

I can see that making the cyclist waste a day in court would be worth it.

Obviously you need to be careful you don't get found in contempt of court but 'Absolute Privilege' means that whilst under oath you can say pretty much anything you like without fear of being prosecuted for slander, also whatever you can say can be reported in the press without fear of libel proceedings.

Story No 7

https://en.wikipedia.org/wiki/No_Comebacks

[Gavia]

Tango13 said:

Obviously you need to be careful you don't get found in contempt of court but 'Absolute Privilege' means that whilst under oath you can say pretty much anything you like without fear of being prosecuted for slander, also whatever you can say can be reported in the press without fear of libel proceedings.

Story No 7

https://en.wikipedia.org/wiki/No_Comebacks

It also means that you're cutting off your nose to spite your face. You'll lose any reduced sentence / fine for an early admission of guilt.

The legal advice is always to plead guilty by post, if you turn up in person you risk being disqualified. If they want to disqualify you, then they will adjourn the hearing tomrequest you attend in person and at that point you should definitely lawyer up.

Send in a mitigation statement and a grovelling apology by post and keep your fingers crossed.

[wack]

Walter Sobchak said:

How do the rules work for footage submitted by a member of the public?, I thought it would have to be by the police otherwise it would be inadmissible as it could have been changed etc.

From what I've read on the north Wales Police operation snap page the owner of the footage has to back it up with a witness statement and be prepared to attend court if necessary

Unfortunately OP you appear to have committed your offence right in front of a man whose never seen a woman naked in his life , bad timing

[powerstroke]

Ed. said:

Unless you're on a stolen scooter with no plates of would seem.

yes not forgetting the golden rule ... the Law only applies to the lawabiding !!

[Wedg1e]

"Due care and attention"... were you taking care not to hit anyone and thus paying attention to what was going on around you? Case thrown out, in my book
Reckless? Maybe.
Dangerous? Define danger. Were any kittens, newts, trees or one-armed lesbian black single parents with ADHD and dyslexia at risk of getting nudged? I suspect not.
Unfortunately you did do a naughty thing and Nanny State has to slap the backs of your legs once in a while... call it karma for all the times you raided the fridge and didn't get caught
Will there not, at some point in the court proceedings, be mention of the cyclist's name and address? Just wondering...

[r1flyguy1]

3nduro said:

Advice time for the legal folks or anyone with experience

So the summons came through with the details of a motorcycle office from last year ->

"drive a mechanically propelled vehicle on a road without due care and attention"

Inner London offence, riding on a pavement to jump a q... and taken from a cyclist who kindly sent the evidence to metpol from his helmet camera.

and any directions to recommended legal beagles

Yours a (very) late 40's enduro rider , with an IAM green badge that should know better to use trials skills when they arent legal.

Road
A road has been held in the case of Worth v Brooks [1959] Crim LR 885 include pavements and boundary grass verges.

Just saying like

Honestly your honour, I was just riding to the description of the legal definition and using extra attention so as not to have a collision

[3nduro]

Tango13 said:

Maybe the OP should read up on 'Absolute Privilege' whilst under oath, go with a 'not guilty' and get the cyclist on the stand for a bit of Q & A

Well his name does appear on the pack I got from the old bill when I asked for the evidence but tempted to roll over .. and do guilty by post asap.

[Fleegle]

3nduro said:

Well his name does appear on the pack I got from the old bill when I asked for the evidence but tempted to roll over .. and do guilty by post asap.

Do you hate cyclists that bit more now?

[3nduro]

Wedg1e said:

"Due care and attention"... were you taking care not to hit anyone and thus paying attention to what was going on around you? Case thrown out, in my book
Reckless? Maybe.
Dangerous? Define danger. Were any kittens, newts, trees or one-armed lesbian black single parents with ADHD and dyslexia at risk of getting nudged? I suspect not.
:

My fault for doing trials and thinking nothing of tickling along a narrow kerb and use a bit of pavement ..most of us on here that it wasnt a sensible move but wasnt dangerous per se

My fear is its just that the magistrate will probably never have any idea of the low speed control we ACTUALLY have .... all they see is PRAM vs MOTORBIKE ....

[3nduro]

Fleegle said:

Do you hate cyclists that bit more now?

only public spirited ones

[3nduro]

redback911 said:

Gone are the days of cheeky wheelies to cheer up the morning commuters.

Yeah going to have to reign/rain those right in now when this DCA sticks ....ah well that is what enduro is for I suppose ...but I thought a nice controlled wheelie was actually public spirited and raised a cheer from many a waiting van at the humpback bridge on the way to mitcham :-)

[Fleegle]

3nduro said:

Yeah going to have to reign/rain those right in now when this DCA sticks ....ah well that is what enduro is for I suppose ...but I thought a nice controlled wheelie was actually public spirited and raised a cheer from many a waiting van at the humpback bridge on the way to mitcham :-)

You can't full air on that?

[kiethton]

Does the 14 day rule for NIP apply in this case? (assuming it was sent prior to the summons?)

If so was it received in time? - can you look for a discrepancy in the date/time to see whether your work pass etc says you were still at the office at the alleged time?