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| Tristan. |
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 Tristan. World Chat Champion

Joined: 26 May 2007 Karma :  
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 Posted: 10:48 - 30 May 2009 Post subject: Court in 8 hours (edited title) |
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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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 ms51ves3 Super Spammer

Joined: 08 Jun 2007 Karma :     
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| Tristan. |
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 Tristan. World Chat Champion

Joined: 26 May 2007 Karma :  
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| R6jonny |
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 R6jonny Nearly there...

Joined: 28 Jan 2005 Karma :     
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| Tristan. |
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 Tristan. World Chat Champion

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| R6jonny |
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 R6jonny Nearly there...

Joined: 28 Jan 2005 Karma :     
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 Posted: 11:14 - 30 May 2009 Post subject: |
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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  ____________________ Honda NSR125 - Yamaha R6 - Ducati 748 - Suzuki GSXR750K6/GSXR1000K7/GSXR750K8 - Ducati 848 - Honda SP1 - Triumph Daytona 675
"simply because she is a female and is thus her actions largely make no sense whatsoever by default" |
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| s44678 |
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 s44678 Guest
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| Tristan. |
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 Tristan. World Chat Champion

Joined: 26 May 2007 Karma :  
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| Kickstart |
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 Kickstart The Oracle

Joined: 04 Feb 2002 Karma :     
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 Posted: 12:23 - 30 May 2009 Post subject: |
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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 ____________________ Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing |
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| yuri2085 |
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 yuri2085 World Chat Champion
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| Kickstart |
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 Kickstart The Oracle

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| T0MMY |
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 T0MMY World Chat Champion

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| quacker_boy |
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 quacker_boy Cuddle Bitch

Joined: 06 Sep 2005 Karma :     
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 Posted: 21:55 - 30 May 2009 Post subject: |
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| Robby |
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 Robby Dirty Old Man

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| The View Askew |
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 The View Askew World Chat Champion

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| s44678 |
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| The Disapproving Brit |
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 The Disapproving Brit World Chat Champion

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| Tristan. |
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 Tristan. World Chat Champion

Joined: 26 May 2007 Karma :  
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 Posted: 09:44 - 31 May 2009 Post subject: |
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| 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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 sunama Two Stroke Sniffer
Joined: 29 May 2009 Karma :   
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| D O G |
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 D O G World Chat Champion

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| cyberglass |
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 cyberglass World Chat Champion
Joined: 28 Jun 2005 Karma :  
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 Posted: 00:46 - 01 Jun 2009 Post subject: |
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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
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. ____________________ DL650 Vstrom 2004
DRZ400S 2003
Yamaha R1 2005 |
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| Tristan. |
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 Tristan. World Chat Champion

Joined: 26 May 2007 Karma :  
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| sunama |
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 sunama Two Stroke Sniffer
Joined: 29 May 2009 Karma :   
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 Posted: 02:02 - 01 Jun 2009 Post subject: |
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| 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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 Kickstart The Oracle

Joined: 04 Feb 2002 Karma :     
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| Tristan. |
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 Tristan. World Chat Champion

Joined: 26 May 2007 Karma :  
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 Posted: 17:44 - 20 Jun 2009 Post subject: |
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Got my summons today, court date is a week on monday.
Any South westoners fancy a ride out next monday 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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Old Thread Alert!
The last post was made 17 years, 73 days ago. Instead of replying here, would creating a new thread be more useful? |
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