Court Summons

[MattHirst]

Rightio chaps and chapesses, thought i'd post this in here rather than random banter/general bike chat, dunno why but i did so there

Anyway, on the 20th September i got pulled on the bike for doing in excess of 90 (in a 60) and careless driving. Also got a Section 59 for hurling some abuse at some cunt that pulled out on me (quite proud of that, i might frame it )

Well, when he first pulled me (unmarked pc plod) he said 'you have the right to remain silent because you are just as much of a criminal as murderers and rapists, so i have to tell you this' (ok, maybe that isn't word for word but you know what they say). He then showed me the footage (after spending 10 minutes trying to get it to work, thought i'd got lucky!), rambled on a bit and stole all my details, no doubt so he can commit identity fraud.

After all that crap he said 'I am reporting you for the offences of driving in excess of 90mph in a 60mph speed limit zone and for careless driving and showing lack of consideration to other road users' or some words to that effect.

The question i'm trying to get to is, did he actually give me a notice of intended prosecution here? As far as i am aware they have to give you a verbal or written NIP within 14 days of the offence (not including the day the offence was commited). He gave me NO documentation at all other than the Section 59. I also signed NOTHING other than the Section 59 (which was just to confirm the details of said vehicle on the Section 59).

While i'm in here, i may as well ask you ugly bunch this. I was with several other people (which shall remain nameless). None of them were stopped, because their bikes are quicker than mine, apart from berty (random name for nameless person) and me.

Well, berty was riding behind me the whole time, basically copying every move i made (As can be seen on the video evidence). It seems there was the unmarked car 'chasing' us and a marked car behind the unmarked car. On the video berty moves over and the unmarked car says 'you can take that one, i'm going after the one failing to stop' and i stopped about 1/2 mile further up the road. Well he obviously got much nicer cops because he was done for 89 in a 60 (which will be 3 points if i am not mistaken).

Well, can't i argue that i should be given the same punishment as his riding was just as erratic as mine (or mine wasn't as erratic as it first seemed).

Another point i guess i should bring up is, on the video he 'chased' us for around 4.1 miles (going by google maps...the a166 between fridaythorpe and stamford bridge) but he DIDN'T put his sirens on until about 30 seconds before i stopped (berty stopped basically straight away after the sirens went on) as i didn't hear him. Surely, as soon as he started following us, as soon as we 'posed a danger' to the public/other road users he should of pulled us other there and then (ie, bollocking it past us and pulling us other, or simply putting his sirens on). To me, it seems like he wanted to gather evidence just to incriminate me/berty further just so his gaffa licks his rim that evening.

Sorry for rambling, probably makes no sense at all but it does to me

Thanks in advance
Matt

Edit - It would appear that i am made of fail on epic proportions. How long do they have to send you a court summons? I'm guessing that they must send me a NIP before they can summon me to the man in the funny wig.
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It's all fun and games until someone gets hurt, then it's bloody hilarious!!!

[Kwaks]

I think cautioning you negates the need for a nip.

As for when he stopped you, he will just say he was waiting for a safe place to pull you over.

Might be wrong, but I don't think they could use the video evidence against both you AND Bertie, and as you were leading (ie setting the pace) between both of you then they are gunning for you.

With vid evidence etc you are gonna find it hard to get out of this one.
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Fallen Angel "Nae sniffing my seat now!!!!! "
www.cliqueycuntsmcc.co.uk
I AM NOT A FAST RIDER!!!!!!!!!

[MattHirst]

The video evidence 'may' go in my favour though in one aspect.

There were very few times he was close enough to actually distinguish who was who, all was visible at some points were 2 'dark coloured' bikes. When he was close-ish to us, we were only doing around 70-80, so not quite as bad as the 90+

Also he zapped be in excess of 90 (using the average speed thing, aparently). Well according to MCN (i know they are bullshitters, but the cops don't know that) my bike (DRZ400SM) has a max speed of 94mph. As mine is restricted (honestly occifer) and has also had a larger rear sprocket fitted, it isn't even possible for my bike to reach such speeds

With regards to getting off it (i'm expecting to get raped one way or another so getting off is probably the wrong term to use), i need my car for work. Not for work but in order to get there. I live 10 miles away from work, public transport is viable but means walking for 20 minutes to the bus stop, which due to health grounds (will get onto that in a min) would be detrimental to my long term recovery process. Also, while i am on the day shift as i am at the moment (7:45-4:15) then buses are ok. But when the inevitable happens and we are put back onto the double day shift, public transport is none existant early in the morning and late at night.

Regarding health grounds, i had a bad accident last year which left my leg and back in a right mess, walking long distances is extremely uncomfortable and painful. The same can be said for cycling (5 minutes at a time then i must stop and re-attatch my leg). For the first 8-ish miles of my journey, it is reasonably flat, but the last 2-ish miles is up a big fuck off hill that i couldn't of cycled up even when fully fit.

So maybe i could use health grounds in order to lessen the blow a bit.
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It's all fun and games until someone gets hurt, then it's bloody hilarious!!!

[Phoenix]

I think you're kidding yourself a bit. The magistrate is not going to really give much of a toss about any of those things, he won't even see the video it's just there incase you really want to argue or just outright deny it all and they may need to present it. Therefore what it shows is largely irrelevant. He also won't be interested in disucussing your bikes theoretical top speed and gearing setup.

To the Magistrate you will just be another biker with complete disregard for the law and people's safety and he'll hand out the standard punishment he gives the countless other example he sees, probably a few months ban for the 2 offences. When dishing out your punishment you will get a chance to say if it will have a serious negative affect on your life, whether your situation will do much to convince him of that is another matter, if you say your injuries are causes from an accident you've already had me may decide that's reason enough to get you off the road for a few months (your fault or not).

To the other points, the verbal caution was your NIP, the summons can arrive any time not sure what the limit is but is usually a few months and can be a year or more I think.

[supZ]

[MattHirst]

SupZ - Ok then, please state where i have given the police 'a load of abuse'?

If my memory serves me right, i haven't once dished out abuse to the boys in blue. They were VERY arsey with me, they told me i had the right to remain silent, so i did. Only giving them, infomation that i am required by law to give (i believe) - Name, address etc basically everything that is on my license.

Also, what am i talking bullshit about? My bike is restricted, MCN say its top speed is 94mph and the gearing has been altered so in theory, the top speed should be less than what MCN state. I know the blokes down at the local bike workshop and they have a dyno, so if it comes down to it then i will get a professional opinion from there.

Pheonix - I could live with a few month ban, or a revocation. I knew from the word go that i had disobeyed the law and i got caught doing so. I never expected to get off lightly, if i have to change things/put up with public transport to get to work then so be it. To be fair, i'd rather he revoked my license rather than a ban but so be it.

I'm just saying that if he did give me 5 points (first 2 years blah blah) and a big fuck off fine, i would much prefer that. A friend of mine got prosecuted for fleeing the scene and undue care and attention (basically the ped boy he knocked off tried to attack him so he drove home..no evidence of said attack so he got bummed in court). Anyway, he got aware with 5 points and a big fine, i forget exactly how much.

I guess i'll just have to wait for the summons to come through, the longer the better i guess but on the other hand, i want to get it over and done with quickly so i can get the punishment dealt with and out of the way.
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It's all fun and games until someone gets hurt, then it's bloody hilarious!!!

[Phoenix]

You're facing 2 offences, speeding by a large margin and careless driving, you won't get away with 5 points unless you're incredibly lucky but I can't see it happening. Your speed will likely carry either 6 points or a ban and the careless driving can be upto 9 points.

You will most likely get 6 or more which because you're in your 2 year probation will mean you lose your licence and will be banned for 6months or so after which you'll have to retake your test. Then you end up with a TT endorsement on your licence for a few years which will be nice for insurance. The other alternative would probably be 4 or 5 points and a ban of whatever he feels like, this means no retest (the ban period suspends your 2 year clock) and it will mean an SP endorsement and careless driving one and ban on your licence for a few years which is also going to be good for your insurance, not sure which is worse. The second course of action is unlikely i'd say given your probation period isn't over.

I think your main problem may be your attitude in court, if it's anything like it appeared in your first post you're screwed, you have to just suck it up for a day.

[Banned]

Commonly known as play the system or the system plays you !

[B5234FT]

He said he was reporting you (to the courts) for what happened, this serves as the NIP. This must be "as soon as possible after the incident"

They must follow this up with a court summons within a number of months.

I had this with my case because they lost me and didnt get back to me until the following evening.

[MaybeGuy]

14 days for a nip
6 months for court proceedings
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!!
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith

[MattHirst]

[yuri2085]

I am not getting why you would say 'honestly occifer' referring to the restriction if you really were?
But if its top speed is 94 it can't be putting out much more than 33 brake in the first please?

[MattHirst]

It isn't restricted, but that doesn't mean that its putting out more than 33hp.

Its a DRZ400SM (same engine as the S, lower powered than the E). The general consensus is that they don't produce more than 33hp, if they do then it is very close to 33.
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It's all fun and games until someone gets hurt, then it's bloody hilarious!!!

[B5234FT]

[J0Al1]

[Skudd]

I had a friend that some years ago was followed on the motorway, he was followed for some distance with his speed going from 80mph to 110mph. He was taken to court for doing 110mph and was looking at a ban. I advised him that he should turn up in person, admit he was wrong, but ask why he was not stopped earlier before he went too far over the speed limit? He did this, had to go 300 miles to court, the magistrate asked the officer why he hadn't stopped my friend earlier, when it was clear he had already committed an offence of speeding. The officer had no excuse or reason for not stopping him, so they worked out the distance travelled and the speed ober that distance, turned out to be 92 mph, he got 6 points and a heavy fine, but he didn't lose his licence.
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Famous last words of Humpty Dumpty. " Stop pushing me "
Petty Anarchists look at "1984".............. The Visionary looks at "Animal Farm".

[ms51ves3]

[MattHirst]

Nah, the flat slide was off a YZF 450 or whatever they are called so the bellmouth wasn't long enough. The one that fits on the DRZ has a removable bellmouth, you replace it with a slightly longer one (and use the E model airbox). Still got it in the garage somewhere though

Also, i wouldn't really call that an attitude towards the police/officers in question. It was only a bit of humour

But as i should of learnt over the past 3 and a bit years, that is very hard to come by on this forum sometimes.
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It's all fun and games until someone gets hurt, then it's bloody hilarious!!!

[S]

Personally I think you should get some proper advice.

With respect to all those that replied you don't know who half of them are, and if their advice is solid or not.

I just sent my license off to the court today for 74 in a 60

[Skudd]

[Dom_]

Copy and save this thread.

I give you 12 months.

You will look back and cringe at your attitude and immaturity.


As for the what you did, the police have 6 months to summons you to court after the incident. If you ride like a twat on the road and get caught, why the fuck are you moaning about it? You know your in the wrong.

As for some cunt pulling out on you, if some dick on a bike was doing 90 down a road near me and I pulled out (not realising the bellend was speeding in a place where people can easily pull out on you) and then hurled abuse at ME for driving normally, i'd try my hardest to ram you off the fucking thing, as you clearly don't know how to use it properly.

I did the exact same thing as you (rode like a dick everywhere) when i was 17, i got banned for it and look back now, i did deserve it, maybe a short ban will do you good.