Summons for "without due care and attention"

[3nduro]

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.

Don't really want to get into the nuts n bolts of the offence (dm if you really are that bothered)

Court hearing is in a month ...but I have a few options and wanted to ask:-

1) plead guilty by post ...(avoids me taking time off work ...contractor so time is money) ...

a) mitigating circumstances .....in the blank space can I say that I totally regret this stupid act and beg leniency and have double humble pie. ... I have a clean licence and this is the first time I have ever done something like this and was late for work blah blah
any other things that people have used ?

b) just leave the text for an apology ..leave the late for work stuff .. (I am always late for work)

or

2) get a lawyer and get representation ?

I dont really want to take time off work and dont really want to pay for a lawyer ...I know I am going to get a fine/points .....but interested to hear thoughts of whether I should or not.

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.

[Loyly]

If there is video evidence I'd be pleading guilty. Attend the court with a solicitor and eat stloads of humble pie and hope for the best. You may wish to represent yourself, but for whatever reason, the magistrates seem to prefer hearing a solicitor giving them your mediation. It'll cost you, but will give you the best chance at surviving the encounter.

[Fleegle]

tut-tut

[silentbrown]

Have a read here:
https://www.sentencingcouncil.org.uk/offences/item...

You'll know what the camera shows better than anyone else...

I'd go for guilty by post. I'd guess the best outcome of 'lawyering up' and turning up in person would be to reduce a potential six points down to three?

[Fleegle]

you could try the 'keeping death off the roads' angle as part of your defence

[3nduro]

silentbrown said:

Have a read here:
https://www.sentencingcouncil.org.uk/offences/item...

You'll know what the camera shows better than anyone else...

I'd go for guilty by post. I'd guess the best outcome of 'lawyering up' and turning up in person would be to reduce a potential six points down to three?

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 ?

[Fleegle]

3nduro said:

silentbrown said:

Have a read here:
https://www.sentencingcouncil.org.uk/offences/item...

You'll know what the camera shows better than anyone else...

I'd go for guilty by post. I'd guess the best outcome of 'lawyering up' and turning up in person would be to reduce a potential six points down to three?

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 ?

You could still be asked to appear before the beak

[essayer]

I'm not sure "I was late for work" is ever a good thing to use as a mitigating circumstance

[CAPP0]

3nduro said:

apart from the cycle nazi do gooder ?

Who, you can absolutely guarantee, has never ridden on a pavement or pushed his bike across a junction to avoid traffic lights

[mitzy]

I expected better from you

[silentbrown]

Fleegle said:

You could still be asked to appear before the beak

Doesn't that only happen if there's a possibility of disqualification? Max is 9 points, and OP has a clean license.

[Fleegle]

silentbrown said:

Fleegle said:

You could still be asked to appear before the beak

Doesn't that only happen if there's a possibility of disqualification? Max is 9 points, and OP has a clean license.

Quite possibly. I pleaded by letter only to be told I had to appear. But I had been a bit naughtier

[BobSaunders]

Depends where the magistrates go with it...

Anything between 3-9 points, and fine. Possible disqualification.

- Momentary lapse of concentration or misjudgement at low speed
- Loss of control due to speed, mishandling or insufficient attention to road conditions, or carelessly turning right across on-coming traffic
- Overtaking manoeuvre at speed resulting in collision of vehicles, or driving bordering on the dangerous

https://www.sentencingcouncil.org.uk/offences/item...

https://www.gov.uk/penalty-points-endorsements/end...

I would at least instruct a solicitor - hundred-ish to plead your case for you on the day. Obviously there may be a sway in leniency/judgement depending on if you are there or not.

Depends on the day where the mags go with it.

Edited by BobSaunders on Monday 20th March 13:28

[3nduro]

mitzy said:

I expected better from you

you and fleegle have ridden with me long enough to know I love a cheeky one ... but with all these dashcam's ..helmet cams ............that train is looking better each day....sniff sniff

Edited by 3nduro on Monday 20th March 13:13

[mitzy]

3nduro said:

mitzy said:

I expected better from you

you and fleegle have ridden with me long enough to know I love a cheeky one ... but with all these dashcam's ..helmet cams ............that train is looking better each day....sniff sniff

Edited by 3nduro on Monday 20th March 13:13

Train is for wimps ................... oh hold on ....

[redback911]

Sorry to hear bout the bother mister. But. This.

3nduro said:

mitzy said:

I expected better from you

you and fleegle have ridden with me long enough to know I love a cheeky one ... but with all these dashcam's ..helmet cams

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

[3DP]

Gotta love London cyclists. I think most of their lives revolve around looking for opportunities to be offended, whilst doing WTF they want. Worse than bobble hat brigade on BOATs these days.

Good luck.

[Birky_41]

redback911 said:

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

Quite sad really that someone would grass you up like that. I hate those camera things at the best of times.

I would definitely get a solicitor and someone who specialises in that area. It wont be cheap (you can thank the nazi cyclist for that) but if there is a loop hole, area of weekness in the evidence etc they will find it

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

[55palfers]

Without you having hit something how can DCA stick?

You must be been paying attention and taken sufficient care otherwise children and kittens would have died.....

[bgunn]

3DP said:

Gotta love London cyclists. I think most of their lives revolve around looking for opportunities to be offended, whilst doing WTF they want. Worse than bobble hat brigade on BOATs these days.

Good luck.

Heh, ain't that the truth. The Daily Mail of commuterists, displaying utter OUTRAGE at everything.