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Court in 8 hours (edited title)

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Tristan.
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PostPosted: 10:48 - 30 May 2009    Post subject: Court in 8 hours (edited title) Reply with quote

OK so I did something silly the other night, got pulled over and taken into the back of a non-traffic police car.

After plenty of details and paperwork being done I'm told they'll file a report, and the court decides whether a case will be brought. The policeman said he's going to do me for driving without due care and attention, was sent on my way and told I'll get a court summons at some point, when I asked when he said he wasn't sure.

So couple questions, firstly I wasn't given anything, should I of been? I thought this was exactly what NIPs where for.
Secondly, if he said I'm being done for due care and attention, is there any chance when it's looked at by whoever looks at it that it can be upgraded to dangerous driving.
Also any ideas on how long till the summons gets here?

Oh yeah, and when I get my summons I'm gonna retake my CBT before the court date. It's legal to do a CBT on a 600 isn't it? I'm pretty sure CBT's don't get revoked, cos they're not on your liscence.


Last edited by Tristan. on 01:37 - 29 Jun 2009; edited 1 time in total
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ms51ves3
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PostPosted: 10:50 - 30 May 2009    Post subject: Re: Getting prosecuted, but given no NIP Reply with quote

Tristan the wrote:
Oh yeah, and when I get my summons I'm gonna retake my CBT before the court date. It's legal to do a CBT on a 600 isn't it? I'm pretty sure CBT's don't get revoked, cos they're not on your liscence.


You can't do your CBT on a 600 and I'm pretty sure if your licence is revoked you lose your CBT as well.
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Tristan.
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PostPosted: 10:57 - 30 May 2009    Post subject: Reply with quote

I'm pretty sure you don't lose your CBT, it's not on your licence, it's a seperate thing. You just need a licence to do it.

As for the other thing, I'm trying to find the actual wording of the CBT law but I think it's a loophole that you can do it on any bike you're licenced to ride, and up untill my court date I will be licenced to ride my FZR. Though even if it isn't legal when I took a mate to do his CBT the local training school had some guy doing it on a GSXR750 in the same situation as me, so if they let you do it it doesn't really matter what the law says.
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R6jonny
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PostPosted: 10:59 - 30 May 2009    Post subject: Reply with quote

Firstly if you are stopped and told you are going to be reported you will receive the "NIP" there and then. There is no requirement to get another form or anything.

I would have thought it unlikely to be upgraded to dangerous, but stranger things have happened. Any more information about the alleged offence?

I may have missed something here but why would you want to do your CBT again?

edit: you will normally receive your summons within 6 months but that limit is for police to lay the evidence in front of the court rather than tell you anything/have the trial.
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Tristan.
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PostPosted: 11:05 - 30 May 2009    Post subject: Reply with quote

Offence was a wheely. They where more than fair though, but I definatly wasn't given anything at the scene except for a rectification notice for a flickering tail light

My CBT ran out, so I'm assuming I'll get 6 points or more and have my liscence revoked, if I do my CBT before the court date then I wont have to do it once my licence has been revoked, just theory and test.
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R6jonny
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PostPosted: 11:14 - 30 May 2009    Post subject: Reply with quote

Ok fair enough, the definition of dangerous driving is that the standard of driving was far below that expected of a safe and competent driver and would be obvious to said driver that the standard was far below if that makes sense.

It must have been likely to cause serious injury or damage to property.

Fingers crossed for 5 points Wink
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s44678
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PostPosted: 11:23 - 30 May 2009    Post subject: Reply with quote

That's a bastard having to do the CBT again. I didn't think it worked like that, but I suppose if you have to re-take your test and you need a CBT to take the test, then it makes sense.
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Tristan.
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PostPosted: 11:31 - 30 May 2009    Post subject: Reply with quote

To be fair, I deserve whatever I get, I do take the piss quite a lot, and have been stupidly lucky up till now (got a 'don't do it again' for a much shitter wheelie a few months ago)

Annoyingly I nearly did my tractor licence test last summer, but the examiner was ill and it was cancelled. If I had that on my licence I'd only have to redo that to get all entitlements back, and it's a piece of piss.
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Kickstart
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PostPosted: 12:23 - 30 May 2009    Post subject: Reply with quote

Hi

The conversation at the road counts as a verbal NIP. You only need a written one (to normally arrive within 14 days) when you are not given a verbal one.

Not sure that the revocation of a licence under the 6 point limit would wipe out a CBT done just prior to your licence being revoked, but as I understand it if your CBT that you had before you test is still within date you do still need to retake it.

All the best

Keith
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yuri2085
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PostPosted: 12:49 - 30 May 2009    Post subject: Reply with quote

Are you sure doing your tractor test after licence is lost gives you all entitlements back? :s
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Kickstart
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PostPosted: 12:53 - 30 May 2009    Post subject: Reply with quote

yuri2085 wrote:
Are you sure doing your tractor test after licence is lost gives you all entitlements back? :s


If your licence is revoked then you need to just do one of the tests for which you already had a full licence to get all your full licence groups back.

All the best

Keith
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T0MMY
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PostPosted: 20:08 - 30 May 2009    Post subject: Reply with quote

It's absolutely ridiculous that you have to redo your CBT. I had to redo mine when I was young and stupid and lost my licence. What the hell do you gain wobbling around a car park on a scooter when you've been a full licence holder and been riding bikes for, in my case, 4 years?
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quacker_boy
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PostPosted: 21:55 - 30 May 2009    Post subject: Reply with quote

T0MMY wrote:
What the hell do you gain wobbling around a car park on a scooter when you've been a full licence holder and been riding bikes for, in my case, 4 years?


To be fair, if you're wobbling around in a car park you probably shouldn't be on the road anyway Razz Wink

Hope you don't get too violated Tristan Thumbs Up
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Robby
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PostPosted: 22:11 - 30 May 2009    Post subject: Reply with quote

Presumably you could try and get your tractor test done and passed before the court date, then you're sorted. Retake on a tractor.
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The View Askew
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PostPosted: 23:36 - 30 May 2009    Post subject: Reply with quote

Wobbling on the scooters is a common, they are really alien to ride slow and in a figure 8 after having been riding other machines for a while.

I think its because of the tiny wheels.
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s44678
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PostPosted: 07:01 - 31 May 2009    Post subject: Reply with quote

I think I'd struggle to do the CBT on my bike. It's heavy, has the turning circle of a bus and would probably overheat with all that messing about at 5 mph.

That's interesting about the tractor license though. I wonder if there are any other 'easy' entitlements you could have on your license just for the purpose of getting the rest back if you got it revoked?
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The Disapproving Brit
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PostPosted: 08:27 - 31 May 2009    Post subject: Re: Getting prosecuted, but given no NIP Reply with quote

ms51ves3 wrote:
You can't do your CBT on a 600 and I'm pretty sure if your licence is revoked you lose your CBT as well.


No reason why not. Plenty of DAS schools have the CBT on 500s on the first day.
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Tristan.
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PostPosted: 09:44 - 31 May 2009    Post subject: Reply with quote

skluff wrote:

That's interesting about the tractor license though. I wonder if there are any other 'easy' entitlements you could have on your license just for the purpose of getting the rest back if you got it revoked?


You can do a full moped test, though as said above, if your not used to riding a ped you might find it a bit unstable. If you are used to it though, the fact that your doing 30 or below the whole time, plus the tiny turning circle might make it easier.

It was quite an amusing moment, I've got a polished metal tank, hoisted the front up at 20 odd (midnight, two lane road railings both sides) and as I got it to balence point the whole tank turned blue. Took me half a second to work out the fuck it was then of course I realised.

Pulled in to the next turning, which was the club I was heading to anyway, with a police escort. Tad embarressing as I was heading to meet my girlfriend and her sister, who I hadn't met yet.
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sunama
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PostPosted: 21:32 - 31 May 2009    Post subject: Re: Getting prosecuted, but given no NIP Reply with quote

timbstoke wrote:

Plenty of DAS schools have the CBT on 500s on the first day.


I thought they do the CBT on a 125cc, then switch up to a 500cc bike for the rest of the training/test?

Doing those figure-8's on a big bike just isnt worth it when you can do it easier on a 125cc bike.

In fact if you want, you can do the CBT on a 50cc moped , then switch up to a 500cc bike for the DAS.
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D O G
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PostPosted: 22:43 - 31 May 2009    Post subject: Re: Getting prosecuted, but given no NIP Reply with quote

sunama wrote:
I thought they do the CBT on a 125cc, then switch up to a 500cc bike for the rest of the training/test?


I did my CBT on a 500.
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cyberglass
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PostPosted: 00:46 - 01 Jun 2009    Post subject: Reply with quote

No need to do a cbt again just take and pass a car/tractor test which will give you back you licence and all its entitlements Thumbs Up



If i were you i would plead my case make the judge think you have learned your lesson
eg i understand it was reckless but i was enjoying the ride so much i got a little carried away BUT you were in full control at all times.

A mate only got 3 points and £60 for a wheelie although they classed it as exhibition of acceleration or something silly.
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Tristan.
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PostPosted: 01:02 - 01 Jun 2009    Post subject: Reply with quote

cyberglass wrote:
No need to do a cbt again just take and pass a car/tractor test which will give you back you licence and all its entitlements Thumbs Up


moneys too tight for car licence, and I dont work on a farm anymore so tractor test is problematic, will definatly see about getting it come harvest time though.

Quote:
A mate only got 3 points and £60 for a wheelie although they classed it as exhibition of acceleration or something silly.


When the policeman asked me "in your own words what happened" I remembered Stinkwheel talking about the right to not self incrimenate so I said something along the lines of "I accelerated quite hard and it felt like the front may of come up a bit" he looked at me knowingly and said "would you say you popped a wheely" and I looked him in the eye, trying not to giggle and said "no". He looked dissapointed and I felt cheeky as fuck.
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sunama
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PostPosted: 02:02 - 01 Jun 2009    Post subject: Reply with quote

Tristan the wrote:


When the policeman asked me "in your own words what happened" I remembered Stinkwheel talking about the right to not self incrimenate so I said something along the lines of "I accelerated quite hard and it felt like the front may of come up a bit" he looked at me knowingly and said "would you say you popped a wheely" and I looked him in the eye, trying not to giggle and said "no".


I like your style.

A lot of the time when the Police take you to court, they want you to admit in plain words that you did what you are being accused of. In court, it (almost) becomes an open and shut case. Now, if you don't incriminate yourself, its upto the Police to come up with some other evidence to suggest that you were breaking the law - in your case, the Police officer will need to prove that you were indeed doing a wheely or riding recklessly, intentionally.

Your statement to the Policeman merely states that you did accelerate hard, but you didn't do it intentionally. If it goes to court, I would probably stick to that original statement, that you had no intention of doing a wheely, but due to the hard acceleration, the front wheel may have come up a little. Just stick to that and see what happens.

In court, the judge may ask you point blank, "Did you intend to do a wheely?" To which, you must reply, "No."

Alternatively, if you want, you can plead guilty to everything, be honest and see what happens.

Personally, I wouldn't incriminate myself, as you will just get nailed for it. Unfortunately, when it comes to the law, very rarely does honesty get you a lighter sentence.
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Kickstart
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PostPosted: 09:47 - 01 Jun 2009    Post subject: Reply with quote

cyberglass wrote:
No need to do a cbt again just take and pass a car/tractor test which will give you back you licence and all its entitlements Thumbs Up


You need to take a test for a licence group you had already passed a test for. Hence if he already had a tractor licence then he could take it again, but not having a tractor licence he cannot do this to get his full licence back.

Not sure if doing a tractor test now before he is taken to court would work. Suspect it might relate to when the penalty applies from (eg, for most offences the points apply from the date of the offence, not the date of the court case).

All the best

Keith
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Tristan.
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PostPosted: 17:44 - 20 Jun 2009    Post subject: Reply with quote

Got my summons today, court date is a week on monday.

Any South westoners fancy a ride out next monday Razz moral support/laughing at my misfortune.

One thing, I probably wont bother with it, but on both police statements they state I had the wheel up for 3 seconds, and covered a distance of around 15 metres. This would make my average speed 11 mph, which is completely wrong. I wont bother mentioning it, but could you use that to attempt to worm your way out through technicalities?
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