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| yuri2085 |
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 yuri2085 World Chat Champion
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| Polarbear |
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 Polarbear Super Spammer

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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 00:09 - 04 Sep 2009 Post subject: |
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As said, be sure. Dangerous Driving is a criminal offence, driving without due care and attention is a civil offence.
Dangerous Driving is serious business and you need to take professional legal advice if you are being prosecuted for it.
In any case, I'd strongly advise you to write yourself a little report of everything that happened tonight while it is fresh in your memory. Important details can be forgotten by the time these things get to court. A good example being " 'shall we show him this' and he says 'theres nothing on it anyway'.".
In all honesty, it sounds like they were just trying to give you a fright but it does no harm to be sure.
Did they say "We are reporting you for consideration for prosecution for the following offences..."? ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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| yuri2085 |
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 yuri2085 World Chat Champion
Joined: 05 Jul 2008 Karma :  
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 Posted: 00:33 - 04 Sep 2009 Post subject: |
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He did say he was reporting me, but I am thinking they were just trying to scare me as it didn't seem like they actually had anything or they would have showed me, and I didn't confess.
I do wonder if i would have just got a warning If i said that everything I did was wrong etc but this way it could not even make it to court one hopes.
I am pretty worried about it I am kinda hoping it will just go away; he didn't give me any documents or anything and he seemed pretty miffed when i just sat there in silence at the end and while he was telling me what would happen and then i just said 'yes' for understanding.
He said he would collect the video evidence and write a report and I would be reported for 'exceeding the speed limit' and 'dangerous driving' and would be asked to appear in court to explain the charges.
Maybe there is no evidence but he wants it to go to court anyway for in his own words to prevent me from 'becoming just another statistic.'
Even though I still feel I posed no danger to myself or others I think he is focusing on the overtake, as it was before a corner (but on a 1 way section) and the overtake was well before the corner.
I am thinking dangerous wont stick but dont really want to go to court either :s
Thing is i had no idea what to say when he asked me why i overtook the car, maybe i shoulda just remained silent. Only time will tell I guess.
edit: I believe if there is footage it would be shown to not be 'dangerous driving'. It sucks to just be in limbo- maybe it will go away,I have written a small essay in notepad lol thanks  |
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| Blau Zedong |
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 Blau Zedong Banned

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| yuri2085 |
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 yuri2085 World Chat Champion
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| Blau Zedong |
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 Blau Zedong Banned

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| yuri2085 |
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 yuri2085 World Chat Champion
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| iooi |
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 iooi Super Spammer

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 Posted: 05:49 - 04 Sep 2009 Post subject: |
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TBH. If they had video of you and had been following you, they should have got your plate.
Not stopping would have made it even worse. All they would have done is turned up at your address and taken it from there.
Just including failing to stop... And a nice vid of you evading them.... ____________________ Just because my bike was A DIVVY, does not mean i am...... |
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| Barry_M2 |
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 Barry_M2 World Chat Champion

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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 09:07 - 04 Sep 2009 Post subject: |
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On the plus side, Dangerous Driving has to be proved "beyond reasonable doubt". Due care and attention just needs to be "balance of probability".
It's MUCH harder to prove Dangerous Driving.
All of that said, if you do get a summons for DD, you really do need to get a solicitor.
It does sound like they set the wheels in motion to do you. I suspect a lot will depend on what is on the video (if anything) although they have the oppinion of two police officers too so video is not strictly necessary.
One other good thing is they are reporting you for speeding but don't appear to have actually measured your speed. If this is the case, a solicitor could make a lot of it. ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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| Mister James |
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 Mister James I want to believe!

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| Barry_M2 |
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 Barry_M2 World Chat Champion

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| yuri2085 |
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 yuri2085 World Chat Champion
Joined: 05 Jul 2008 Karma :  
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 Posted: 10:37 - 04 Sep 2009 Post subject: |
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https://i638.photobucket.com/albums/uu110/yuri2085/corner.jpg
Seriously was not dangerous and I went wide on the overtake in case the other driver moved I would have been able to move easily.
Put it latest possible it could have finished, I think it was earlier than that, only overtook the second car; the other one was tailgating me rather.
edit: something I forgot to mention here but which I did include on the notes i wrote down.
Second officer was busy and not listening to me while first officer was taking notes; I did not see what was written down.
-- This means a seconds officers varification means nothing, if they try and used his countersigned statement it will mean nothing; he was in the car most of the time checking out other stuff, and once didn't realise I was being asked questions and tried to interrupt me. |
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| Hetzer |
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 Hetzer Super Spammer

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| Vin |
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 Vin World Chat Champion

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| Mister James |
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 Mister James I want to believe!

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| Im-a-Ridah |
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 Im-a-Ridah World Chat Champion
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| Dom_ |
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 Dom_ Points Mean Prizes

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| Hetzer |
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 Hetzer Super Spammer

Joined: 19 Feb 2007 Karma :     
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 Posted: 09:54 - 05 Sep 2009 Post subject: |
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| Mister James wrote: | | Hetzer wrote: |
That's bollocks.............................
In a court an un-signed purported statement is worth shit to the prosecution. |
Sadly, you're wrong.
Certainly not as useful as one signed by the defendant, but they still have evidential value - otherwise there'd be no point in officers writing notes, ever!
The difference is that if the defence want to argue the toss they've got more ammo to do so with. In the same way even a signed statement can be up for debate if the defence can come up with a credible reason.
Significant statements will usually be put to a suspect in a taped interview, giving them a chance to explain/retract/confirm them. Even if the suspect goes no-comment or denies all knowledge, the prosecution can and do use them in court. |
"Evidential value"...until a good defence brief gets stuck into it. I should think I know a wee bit more about it than you James, having dealt with such situations directly and personally myself on more than one occasion. You didn't sign it, you didn't say it, simples. You don't have to say a pig is lying, only that he's mis-remembered and written it wrong. Suggestion, to a jury, can be pure gold. And trust me, the days when a pig's word was taken as gospel are a far distant memory. The public (jury) pretty much regard any pig in the dock with a very large degree of cynical mistrust...they've learned, finally. ____________________ "There's the horizon! Ride hard, ride fast and cut down all who stand in your way!" |
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| tykey |
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 tykey Scooby Slapper
Joined: 25 May 2009 Karma :    
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 Posted: 19:11 - 05 Sep 2009 Post subject: |
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^ i disagree. if a copper has cautioned you he/she can and WILL use anything you say against you in court... this doesn't need a signature to be admissable lol.... that's what the caution states
i've indirectly been involved in cases in court i.e. witness, friends getting done, where such evidence has been used. how effective it was i.e. did it make a difference? who knows.... you obviously couldnt base a whole prosecution around it. however whatever you said *under caution* and by the sound of it heard by another copper WILL be evidence with some value to the prosection should it come to court.
all in my opinion of course, but as said have seen such evidence used.
edited to add: all the above assumes it will go to a crown court, if it's demoted to a lesser charge of careless driving it'll be heard in a magistrates (even if you plead not guilty - no option of a jury for such lesser charges). and trust me 99% of magistrates will believe a copper over joe public. that bit i know  |
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| Hetzer |
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 Hetzer Super Spammer

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| tykey |
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 tykey Scooby Slapper
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| Hetzer |
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 Hetzer Super Spammer

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| The Disapproving Brit |
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 The Disapproving Brit World Chat Champion

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Old Thread Alert!
The last post was made 17 years, 33 days ago. Instead of replying here, would creating a new thread be more useful? |
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