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| Walloper |
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Walloper
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lydanial
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Walloper
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Kickstart
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| Rogerborg |
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Rogerborg
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 Posted: 13:45 - 22 Dec 2011  Post subject: |
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It seems pretty obvious that the OP was riding without due care and attention (and also like a nobber), but if that's the case then the State should be able to prove it without his assistance.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| EazyDuz |
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EazyDuz
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| multijoy |
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multijoy
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Posted: 14:41 - 22 Dec 2011  Post subject: |
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| T.C wrote: | If you have been asked to attend a Police station, then you are being interviewed under caution with regards to the circumstances surrounding your crash and it is your opportunity to explain your side of events.
You are not being arrested, therefore you will not be entitled to speak to the duty Solicitor, and you will not be charged with an offence, if anything you will be reported for summons. |
If you're being voluntarily interviewed in a police station, you get the benefit of legal advice, even if not arrested - 3.21 PACE Code C.
(And you should get the 'caution + 3' - "You do not have to say anything etc.", "You are not under arrest", "you are free to leave" and "you have the right to independent advice")
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'11 CBF1000A, '99 C90, '98 CB500
silky666: He rode amazingly well considering his bike is the weight of a small van and had slicks on. |
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| Rogerborg |
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Rogerborg
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| Posted: 14:55 - 22 Dec 2011 Post subject: |
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| multijoy wrote: | If you're being voluntarily interviewed in a police station, you get the benefit of legal advice, even if not arrested - 3.21 PACE Code C. |
Goddamn new fangled bleeding heart liberal hippy crap. In the good old days... 
Er, oops, I have something that I wrote earlier that I need to, uh, go check.  
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| chrismeister |
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chrismeister
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| Posted: 17:59 - 22 Dec 2011 Post subject: |
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I couldnt see that he was indicating, not sure if it was working or covered.
Car oncoming was not that close, far enough for me to go around at a safe speed (35 in a nsl) with time.
The tractor turned when i was practically beside him, hence me clipping him as he drove across me.
Do i attend the interview?
Can i request i make a written statement?
What do i say when they ask me awkward questions (if i attend)
I just want some help?
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| dodgydog |
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dodgydog
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| Ingah |
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Ingah
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| bikertomm |
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bikertomm
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| iooi |
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iooi
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| Rogerborg |
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Rogerborg
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| Posted: 21:48 - 22 Dec 2011 Post subject: |
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| chrismeister wrote: | Do i attend the interview? |
Up to you. I wouldn't.
| chrismeister wrote: | Can i request i make a written statement? |
It's not a question of requesting, you can make one, that's your choice. They can take it or leave it, that's their choice.
| chrismeister wrote: | What do i say when they ask me awkward questions (if i attend) |
Nothing. You say nothing to any question, because by the time you realise you've been fitted up, it's already 5 minutes too late.
| chrismeister wrote: | I just want some help? |
You're welcome. If you need more, require to see the duty solicitor. Don't ask, insist, politely but firmly. If you do attend (and again, I wouldn't) and are daft enough to say anything at all, then understand that you can get up and walk out at any time, unless they arrest you. Don't ask permission, don't say anything, just go.
I don't really know how to make it any clearer. Unless you've got reason to believe that they're trying to decide whether to prosecute you or the tractor driver, then assume that you're being investigated in order to prosecute you. You are under no statutory obligation to assist the police or the CPS with their investigation. This "interview" is for their benefit, not yours.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| Kris |
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Kris
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| Posted: 22:11 - 22 Dec 2011 Post subject: |
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When plod came round and wanted to interview me under caution I did two things:
1 - Prepared a written statement of my version of events.
2 - Said nothing that wasn't already covered in my written statement.
A written statement can be handed to the officer when / if you attend. If not then offer to post it to the officer in charge.
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| Ariel Badger |
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Ariel Badger
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| dodgydog |
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dodgydog
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| EazyDuz |
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EazyDuz
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| dodgydog |
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dodgydog
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| iooi |
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iooi
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| Posted: 17:11 - 23 Dec 2011 Post subject: |
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| dodgydog wrote: | Well that's alright then, as long as any car driver flashes an indicator (or not) for a nanosecond, it's fine to just take out the unfortunate biker who is performing a legal overtake.
And you say given the tractor was going to turn, do you know the driver?
God fucking help the man who never made a mistake, for he surely never made anything.
Maybe you ought to consider contacting the relevant constabulary, you may be able to assist them in the prosecution.
Dog |
It is also your responsibilty to ensure its safe to overtake... Clearly overtaking at a junction is not....
Op has been advised the tractor was indicationg. Given cars behind and also comming towards it, then its not just a case of the driver saying so.
It will also have slowed down to turn.... Something that should have been noticed by Op.
This is not a case of a rider filtering, he was clearly overtaking
When turning right at a junction, when indicating do you check to see if anyone is overtaking to stop you turning ???
Its a 50/50 call both ways. But if there is independent evidence of the tractor indicating, then its the OP's fault. He should have pulled in to allow the turn.
If he claims he did not see it, then its clear cut Due care and (lack of) attention.....
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| dodgydog |
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dodgydog
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| Posted: 17:27 - 23 Dec 2011 Post subject: |
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| iooi wrote: | | dodgydog wrote: | Well that's alright then, as long as any car driver flashes an indicator (or not) for a nanosecond, it's fine to just take out the unfortunate biker who is performing a legal overtake.
And you say given the tractor was going to turn, do you know the driver?
God fucking help the man who never made a mistake, for he surely never made anything.
Maybe you ought to consider contacting the relevant constabulary, you may be able to assist them in the prosecution.
Dog |
It is also your responsibilty to ensure its safe to overtake... Clearly overtaking at a junction is not....
Op has been advised the tractor was indicationg. Given cars behind and also comming towards it, then its not just a case of the driver saying so.
It will also have slowed down to turn.... Something that should have been noticed by Op.
This is not a case of a rider filtering, he was clearly overtaking
When turning right at a junction, when indicating do you check to see if anyone is overtaking to stop you turning ???
Its a 50/50 call both ways. But if there is independent evidence of the tractor indicating, then its the OP's fault. He should have pulled in to allow the turn.
If he claims he did not see it, then its clear cut Due care and (lack of) attention..... |
Well even more clearly, you need to read his account again, it wasn't a marked junction, it was a concealed farm track.
OP said IF the tractor indicated, it was when he was alongside him.
Since when were independant witnesses infallible?
NSL, overtaking slow moving vehicle at 35mph?
Sounds reasonable to me.
The lad is more forgiving than I would have been, he's held his hand up and said it was "just an accident" and happy to take it as 50 / 50.
My comments stand, call the relevant constabulary, see if you can't drop the OP further in the shit.
And yes, when turning right at a junction, I actually do look to see if anyone is overtaking, (if I was slowing to turn into my driveway, I'd be even more careful) it's known as due care and attention. The tractor driver, (and you) might want to look it up.
Dog
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| iooi |
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iooi
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| dodgydog |
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dodgydog
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| Posted: 18:19 - 23 Dec 2011 Post subject: |
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| iooi wrote: | dodgydog.
We clearly are not going to agree. 
You see it one way, I see it the other.
I hope the OP does not get charged with DC&A, but feel that he will and it will go to court to be decided.
| Quote: | Since when were independant witnesses infallible |
They are not, but if 2 say that the tractor was indicationg... You can guess who has the upper hand.
Tractor + country lane = take great care....As farm/field entries are often not easy to pick out. |
Agreed
Just the negative comments smack of kicking a man when he's down, when all the lad wants is advice on how not to get shafted by plod.
Who will certainly take his trousers down given the chance.
I was fucked over the same way, guy indicated and moved as one, he was on the phone at the time too. Plod would have done me over good and proper if I hadn't been such a belligerent twat. Even so, he got away with it.
Dog
edited due to 4 cans of lager and 3 of cider.
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| EazyDuz |
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EazyDuz
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| Walloper |
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Walloper
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| Posted: 21:31 - 23 Dec 2011 Post subject: |
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Never fcuk with a Tractor....
https://www.youtube.com/watch?v=C3eRru7LfMw
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Old Thread Alert!
The last post was made 14 years, 44 days ago. Instead of replying here, would creating a new thread be more useful? |
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