36 in a 30 Part 2 - What happened next..
Discussion
www.pistonheads.co.uk/gassing/topic.asp?h=0&f=10&t=276268
Postscript following on from the thread above. To save some of you from reading the previous thread... I was stopped doing 36mph in a 30mph on my motorcycle in Regents park in June 06. The policeman was most overzealous (and very rude) and proceeded to list offences:
1. Speeding (38 in a 30 they claim)
2. Riding with helmet straps not fully fastened
3. Riding with a competition exhaust pipe
4. Riding with a faulty indicator
5. Riding with a faulty brake light
My defences/explanations for what it is worth are:
1. Guilty (won't bother justifying, traffic was thin and was simply following traffic)
2. The strap was not entirely done (need to go through the loop twice) and had gone through just once. I guess I made a mistake because I couldn't feel enough with my gloves.
3. I bought the bike with the renegade exhaust system. Was told it was legal by the owner and then proceeded to check with two MOT garages (who passed it no problem), who also told me it was fine. My fault for not making sure I guess.
4. The indicator was not faulty. It was just slightly lose. It still faced forward and was not broken or cracked.
5. This is ridiculous. I had it checked at a garage straight away and they said it was absolutely fine.
Today in the post I received my summons (7 months later). The PC's witness statement is inaccurate and generally exagerrates what happened ("indicator was dangling"...) and crap like that... It makes me out to be some sort of cowboy... which I hope you will accept on good faith that I am not.
I have spoken to Freeman's keep on driving lawyer, but they can't advise properly till Monday.
QUERY: Which of these are endorsable offences? I have scoured the net but cannot find the information. Be grateful for any information.
QUERY: Will I lose my licence?
QUERY: What can I expect?
Can anyone point me to a statute or list I could look at?
I have been given no option except to go to Court.
I would be grateful if anyone could contribute to help make what looks like it will be a shit weekend, slightly brighter.
Postscript following on from the thread above. To save some of you from reading the previous thread... I was stopped doing 36mph in a 30mph on my motorcycle in Regents park in June 06. The policeman was most overzealous (and very rude) and proceeded to list offences:
1. Speeding (38 in a 30 they claim)
2. Riding with helmet straps not fully fastened
3. Riding with a competition exhaust pipe
4. Riding with a faulty indicator
5. Riding with a faulty brake light
My defences/explanations for what it is worth are:
1. Guilty (won't bother justifying, traffic was thin and was simply following traffic)
2. The strap was not entirely done (need to go through the loop twice) and had gone through just once. I guess I made a mistake because I couldn't feel enough with my gloves.
3. I bought the bike with the renegade exhaust system. Was told it was legal by the owner and then proceeded to check with two MOT garages (who passed it no problem), who also told me it was fine. My fault for not making sure I guess.
4. The indicator was not faulty. It was just slightly lose. It still faced forward and was not broken or cracked.
5. This is ridiculous. I had it checked at a garage straight away and they said it was absolutely fine.
Today in the post I received my summons (7 months later). The PC's witness statement is inaccurate and generally exagerrates what happened ("indicator was dangling"...) and crap like that... It makes me out to be some sort of cowboy... which I hope you will accept on good faith that I am not.
I have spoken to Freeman's keep on driving lawyer, but they can't advise properly till Monday.
QUERY: Which of these are endorsable offences? I have scoured the net but cannot find the information. Be grateful for any information.
QUERY: Will I lose my licence?
QUERY: What can I expect?
Can anyone point me to a statute or list I could look at?
I have been given no option except to go to Court.
I would be grateful if anyone could contribute to help make what looks like it will be a shit weekend, slightly brighter.
Edited by AdvocatusDiaboli on Friday 19th January 20:51
7db said:
Still strange that OP -- we only have half the story of course -- was there anything that you did that could have irked him?
Absolutely nothing to my mind. At one point I said sorry and asked if I could be let off... but thats about it. How we "got on" is irrelevant I guess...
I just want to know what is endorsable and what isn't?
Edited by AdvocatusDiaboli on Friday 19th January 21:58
vonhosen said:
The only endorseable offence is the speeding.
You can theoretically be disqualified for any of the offences though, even if they are not endorseable. Unlikely though.
You can theoretically be disqualified for any of the offences though, even if they are not endorseable. Unlikely though.
Thanks Vonhosen, I was hoping you might be along... Yes, highly unlikley and most unfortunate if I am given points for anything other than speeding.
Makes you wonder why the 5 summons and the court appearance though huh?
Edited by AdvocatusDiaboli on Friday 19th January 22:48
I assume this is the type of order where you are required to "fix" what they claim is wrong? That would be rich! Its all been done months ago... The brake light is fine, the indicators are replaced all around and my helmet is strapped on as usual!
Pity about my exhaust though, its lovely. Will see what I can do get it legalised...
Pity about my exhaust though, its lovely. Will see what I can do get it legalised...
AdvocatusDiaboli said:
I assume this is the type of order where you are required to "fix" what they claim is wrong? That would be rich! Its all been done months ago... The brake light is fine, the indicators are replaced all around and my helmet is strapped on as usual!
Pity about my exhaust though, its lovely. Will see what I can do get it legalised...
Pity about my exhaust though, its lovely. Will see what I can do get it legalised...
You would have had to have been offered this at the time by the officer. If you weren't offered it, then it is a straight forward summons.
vonhosen said:
AdvocatusDiaboli said:
I assume this is the type of order where you are required to "fix" what they claim is wrong? That would be rich! Its all been done months ago... The brake light is fine, the indicators are replaced all around and my helmet is strapped on as usual!
Pity about my exhaust though, its lovely. Will see what I can do get it legalised...
Pity about my exhaust though, its lovely. Will see what I can do get it legalised...
You would have had to have been offered this at the time by the officer. If you weren't offered it, then it is a straight forward summons.
if it was just the vehicle defects they may have - it was the speeding that put the lot on I would imagine
vonhosen said:
AdvocatusDiaboli said:
I assume this is the type of order where you are required to "fix" what they claim is wrong? That would be rich! Its all been done months ago... The brake light is fine, the indicators are replaced all around and my helmet is strapped on as usual!
Pity about my exhaust though, its lovely. Will see what I can do get it legalised...
Pity about my exhaust though, its lovely. Will see what I can do get it legalised...
You would have had to have been offered this at the time by the officer. If you weren't offered it, then it is a straight forward summons.
So what do you think the upshot will be then?
Courts usually only take one type of offence into consideration -- for example - one construction offence, one driving offence, one licensing offence, etc etc. You look to me to have about 4 construction and use offences there and one driving offence.
I'd be starting sentencing at 3pts + 60 for speeding and 30-60 for all the construction offences, particularly if they've been rectified. The aggravating factor being the speeding offence. Maybe 35 costs if you haven't pleaded guilty at the earliest possible opportunity.
I can't quite understand why it's gone to summons rather than being dealt with by FPN / HORT1
I'd be starting sentencing at 3pts + 60 for speeding and 30-60 for all the construction offences, particularly if they've been rectified. The aggravating factor being the speeding offence. Maybe 35 costs if you haven't pleaded guilty at the earliest possible opportunity.
I can't quite understand why it's gone to summons rather than being dealt with by FPN / HORT1
7db said:
Courts usually only take one type of offence into consideration -- for example - one construction offence, one driving offence, one licensing offence, etc etc. You look to me to have about 4 construction and use offences there and one driving offence.
I'd be starting sentencing at 3pts + 60 for speeding and 30-60 for all the construction offences, particularly if they've been rectified. The aggravating factor being the speeding offence. Maybe 35 costs if you haven't pleaded guilty at the earliest possible opportunity.
I can't quite understand why it's gone to summons rather than being dealt with by FPN / HORT1
I'd be starting sentencing at 3pts + 60 for speeding and 30-60 for all the construction offences, particularly if they've been rectified. The aggravating factor being the speeding offence. Maybe 35 costs if you haven't pleaded guilty at the earliest possible opportunity.
I can't quite understand why it's gone to summons rather than being dealt with by FPN / HORT1
So in sum, I won't lose my licence?
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