Reckless driving -- evidence?
Discussion
I have a colleague who has just been found guilty (5 points and a £300 fine) based on evidence of another driver. Driver phoned police alleging he overtook him recklessly, police then traced and spoke to my colleague, and referred it to CPS. Lawyer didn't think it would go anywhere (he represented my colleague at court) but he's just been convicted in his absence.
Doesn't sound right to me - can a conviction be made based purely on the statement from another driver?
Doesn't sound right to me - can a conviction be made based purely on the statement from another driver?
MoJocvh said:
chris312 said:
. Lawyer didn't think it would go anywhere (he represented my colleague at court) but he's just been convicted in his absence.
If nothing else it further points to the hounding of the motorist.
Hardly. One guy says chaps driving is reckless. The guy does not bother turning up at court. As such the court infer he does not contest this and he is convicted. Rather bad driving is punished than speeding.
Your colleague most likely droped himself in it. When plod spoke to him. If he did not and he was convicted only with the lone evidence of one other person. tell him too appeal right away.
as the conviction will be unsafe.
But my guess is that he droped him self in it when interviewed. Let this be awarning too all. When the old bill turn up at your door.
DO NOT TALK TOO THEM. THEY ARE NOT THERE TOO HELP YOU THERE THERE TOO SCREW YOU OVER.
as the conviction will be unsafe.
But my guess is that he droped him self in it when interviewed. Let this be awarning too all. When the old bill turn up at your door.
DO NOT TALK TOO THEM. THEY ARE NOT THERE TOO HELP YOU THERE THERE TOO SCREW YOU OVER.
Edited by marcel.micallef on Friday 23 February 08:32
chris312 said:
I have a colleague who has just been found guilty (5 points and a £300 fine) based on evidence of another driver. Driver phoned police alleging he overtook him recklessly, police then traced and spoke to my colleague, and referred it to CPS. Lawyer didn't think it would go anywhere (he represented my colleague at court) but he's just been convicted in his absence.
Doesn't sound right to me - can a conviction be made based purely on the statement from another driver?
Doesn't sound right to me - can a conviction be made based purely on the statement from another driver?
Chris, I'm not trying to be funny here, but is this a wind up?
The whole thing just sounds so utterly ridiculous.
How on earth can the CPS form a case with the evidence of one ordinary motorist and no corroboration?
If he attempted to defend the case via his lawyer, why was he not in court?
What was the "evidence" anyway? What did the other motorist imply?
Give us some more to go on.
If it's true then he must appeal immediately.
If there was a mistake in court dates or something similar, then the conviction is unlikely to stand and he will have the opportunity of a re-trial.
Thanks for all comments - been away for the weekend hence no replies.
Definitely not a wind-up - i suggested he got back in touch with his lawyer. The lawyer was the one that told him not to bother turning up at court, as in his opinion it would never get that far.
Haven't spoken to my colleague since i posted the initial question, but will update when i hear anything.
Only further details were that other driver alleged he overtook in a reckless manner on a strectch of a-road, and was driving a transit van.
Definitely not a wind-up - i suggested he got back in touch with his lawyer. The lawyer was the one that told him not to bother turning up at court, as in his opinion it would never get that far.
Haven't spoken to my colleague since i posted the initial question, but will update when i hear anything.
Only further details were that other driver alleged he overtook in a reckless manner on a strectch of a-road, and was driving a transit van.
chris312 said:
Thanks for all comments - been away for the weekend hence no replies.
Definitely not a wind-up - i suggested he got back in touch with his lawyer. The lawyer was the one that told him not to bother turning up at court, as in his opinion it would never get that far.
Haven't spoken to my colleague since i posted the initial question, but will update when i hear anything.
Only further details were that other driver alleged he overtook in a reckless manner on a strectch of a-road, and was driving a transit van.
Definitely not a wind-up - i suggested he got back in touch with his lawyer. The lawyer was the one that told him not to bother turning up at court, as in his opinion it would never get that far.
Haven't spoken to my colleague since i posted the initial question, but will update when i hear anything.
Only further details were that other driver alleged he overtook in a reckless manner on a strectch of a-road, and was driving a transit van.
Another load of bunkum you are being told - NO lawyer would EVER advise a client NOT to go to a court hearing. None of this adds up as being right, to me...
Edited by richburley on Wednesday 28th February 11:23
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