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Worth having a solicitor?

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woll
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PostPosted: 21:19 - 04 Feb 2012    Post subject: Worth having a solicitor? Reply with quote

Got a court date for my crash. Getting done for careless and not within terms of my licence.
The evidence they have for the careless charge is flawed in my mind, they say that two black bikes overtook them. There was one black and one red. He then says one of the riders had red boots on, neither of us have red boots. Mate has silver, mine are black sidis. He then rambles on and says he was at the crash site, knew it was one of us that overtook before cos i had red boots on when i was lay on the floor. There is a red logo on my boots but they are all black besides that, the speeds he claims we were doing i dont think he'd be able to see the sidi logo.
On that is it worth fighting the careless charge?
The solicitors i got recommended told me it would be £500 for representation in court. I had a letter of them with all theirs terms on, and it says £500 + VAT so it comes to £600. At the moment i see no point in fighting the careless charge because they will just turn round and say the boots had some red on them.
So is it worth me having a solicitor in court if i'm pleading guilty to both charges anyway? I really can't afford one with what im working + the fact i'll be getting a fine either way. I personally can't see any need for a solicitor if im just pleading guilty. What can they do for me if i do?
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daemonoid
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PostPosted: 22:31 - 04 Feb 2012    Post subject: Reply with quote

Why are you pleading guilty if you think the evidence is flawed? I'd guess that fighting a simple charge like this has more reward than risk but a solicitor will be able to tell you.

In court a solicitor may help reduce the fine and will be able to tell you what is worthwhile evidence and what is not.

I've only had to use a solicitor once (outside of contract matters) and they were well worth the money.
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Rogerborg
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PostPosted: 23:01 - 04 Feb 2012    Post subject: Re: Worth having a solicitor? Reply with quote

I'll stick my oar in, but you can get better advice from the member(s) who work in the magistrate courts.

T.C might be able to help, have you PM'd him?


woll wrote:
The evidence they have for the careless charge

Who's "they"? A copper? Coppers, plural? Do they have any physical evidence of your speed, or is it professional opinion? Are there any other witnesses?


woll wrote:
is flawed in my mind

Of course it is, that's hardly the issue though.


woll wrote:
they say that two black bikes overtook them. There was one black and one red.

Are you admitting or denying that you overtook "them"?

What does it say on your V5Cs? The colour is sometimes wrong, don't be surprised if the statement matches the record rather than the actual bikes.


woll wrote:
He then says one of the riders had red boots on, neither of us have red boots. Mate has silver, mine are black sidis.

What's your evidence that was the case at the time of the crash? Were any photographs taken of your boots? Are there any independent witnesses?


woll wrote:
knew it was one of us that overtook before cos i had red boots on when i was lay on the floor. There is a red logo on my boots

You can produce black boots with a red logo on them now, but what's your evidence that you were wearing those on the day?


woll wrote:
On that is it worth fighting the careless charge?

How much is your license worth? CD10 is 3-9 points, LC20 is 3-6. Sure they're not throwing in an IN10 uninsured against third party risks for another 6-8 points and the knockout?


woll wrote:
At the moment i see no point in fighting the careless charge because they will just turn round and say the boots had some red on them.

You've just admitted it. The correct and truthful answer to the question "Were you wearing red boots at the time of the crash?" is "No." That's where representation might help you.


woll wrote:
So is it worth me having a solicitor in court if i'm pleading guilty to both charges anyway?

Mmm. All they'd do is to help you with your mitigation plea, but that's pretty standard anyway: plead guilty, ever so sorry y'r worships, moment of madness, living with the consequences now, thankful nobody else was hurt, given up the fast bike, signed up for advanced riding/driving training, found Babyjesus. Were you injured? Feel free to limp in with crutches or a walking stick.

The other thing that a solicitor might be able to do is cut a deal where you admit the license charge in return for them dropping the careless driving. You can always ask the prosecutor that yourself, but you'll be negotiating from a stronger position if you're represented and look to be spoiling for a fight.

None of this is legal advice. You'll have to get that from a solicitor, sorry.
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sickpup
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PostPosted: 23:06 - 04 Feb 2012    Post subject: Reply with quote

Can we see a picture of your boots please.
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Pete.
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PostPosted: 23:10 - 04 Feb 2012    Post subject: Reply with quote

EDITED
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Last edited by Pete. on 23:27 - 04 Feb 2012; edited 1 time in total
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woll
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PostPosted: 23:16 - 04 Feb 2012    Post subject: Reply with quote

By they i mean the CPS. It's just the word of a witness and my crash.

Neither i don't remember, I just know my bike was black and my mates red. Not sure on what his v5c says though.

I have one pair of boots. And they are the only ones i ever wore i then bike. And the police handed them back to me. Not seen any pictures from the police. This is just what the witness has said.

Without my licence my business goes tits up and I go on the dole + the nearest bus stop is nigh on 2 miles away. Leaves me stuck in the house with nothing to do.

I was injured, missed the crash thread? (won worst crash of 2011 i'll have thee know)
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sickpup
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PostPosted: 23:20 - 04 Feb 2012    Post subject: Reply with quote

Can't see that picture Pete.

And what colour is your bike?
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woll
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PostPosted: 23:22 - 04 Feb 2012    Post subject: Reply with quote

sickpup wrote:
Can we see a picture of your boots please.


https://www.motorbikecrazy.com/acatalog/sidi-vertigo.jpg

More battered version of those.
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Previous bikes - Derbi Senda Xtreme50r, Honda CBR 125, Kawasaki ZZR 250, Yamaha DT125R, Suzuki Bandit 600, Gas gas ec 250, Honda CBR600FW
Damaged spleen, damaged kindey, 2 popped lungs, 2 broken ribs, broken face, broken wrist and 5 back fractures... remember kids walls hurt
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sickpup
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PostPosted: 23:24 - 04 Feb 2012    Post subject: Reply with quote

Do you wear trousers over the outside of your boots and if so what colour are they?

Again what colour is your bike?
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woll
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PostPosted: 23:38 - 04 Feb 2012    Post subject: Reply with quote

No trousers over the boots. I had black leather trousers on, with blue jeans underneath.
My bike was Black with some orange on (Hmplant rep) my mates bike is Red with some black
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Previous bikes - Derbi Senda Xtreme50r, Honda CBR 125, Kawasaki ZZR 250, Yamaha DT125R, Suzuki Bandit 600, Gas gas ec 250, Honda CBR600FW
Damaged spleen, damaged kindey, 2 popped lungs, 2 broken ribs, broken face, broken wrist and 5 back fractures... remember kids walls hurt
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Nexus Icon
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PostPosted: 23:46 - 04 Feb 2012    Post subject: Reply with quote

FWIW, I'd never describe those boots as red in a million years. If your mate's bike is as black as they are red I'd seriously consider challenging the witness statement.

I'm not sure I'd be pleading guilty either. Unless you put your hands up at the time of course.
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sickpup
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PostPosted: 00:01 - 05 Feb 2012    Post subject: Reply with quote

were you ever questioned under caution?
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woll
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PostPosted: 00:06 - 05 Feb 2012    Post subject: Reply with quote

Police man cautioned me when he gave me my gear back and asked what happened. I told him what i knew. Which is i dont remember anything. That's in the evidence that come with the court letter.
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Current Bike- Suzuki DRZ400 SM K6
Previous bikes - Derbi Senda Xtreme50r, Honda CBR 125, Kawasaki ZZR 250, Yamaha DT125R, Suzuki Bandit 600, Gas gas ec 250, Honda CBR600FW
Damaged spleen, damaged kindey, 2 popped lungs, 2 broken ribs, broken face, broken wrist and 5 back fractures... remember kids walls hurt
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sickpup
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PostPosted: 00:10 - 05 Feb 2012    Post subject: Reply with quote

woll wrote:
Police man cautioned me when he gave me my gear back and asked what happened. I told him what i knew. Which is i dont remember anything. That's in the evidence that come with the court letter.


Did this include the boots?
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woll
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PostPosted: 00:11 - 05 Feb 2012    Post subject: Reply with quote

sickpup wrote:
woll wrote:
Police man cautioned me when he gave me my gear back and asked what happened. I told him what i knew. Which is i dont remember anything. That's in the evidence that come with the court letter.


Did this include the boots?


No mum got them when i was in hospital.
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Previous bikes - Derbi Senda Xtreme50r, Honda CBR 125, Kawasaki ZZR 250, Yamaha DT125R, Suzuki Bandit 600, Gas gas ec 250, Honda CBR600FW
Damaged spleen, damaged kindey, 2 popped lungs, 2 broken ribs, broken face, broken wrist and 5 back fractures... remember kids walls hurt
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sickpup
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PostPosted: 00:20 - 05 Feb 2012    Post subject: Reply with quote

So what gear did he give you?

Incidently this is like pulling teeth ie not much fun. You need to actually give some level of detail as we weren't there and you had the original thread pulled so we know next to nothing.

For instance, we don't know if your bike was examined or run up on a dyno. We don't know if you signed a statement, basically we know nothing.

As it stands it looks like you need to plead guilty to the license bit and not guilty to the careless bit as it would appear the chap is rather confused and not able to show that the bikes he allegedly saw driving badly were you and your friend but unless you can represent yourself confidently you need a solicitor.
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woll
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PostPosted: 00:24 - 05 Feb 2012    Post subject: Reply with quote

I got my helmet, gloves & jacket back of pc plod.
There was another thread made in the show n tell. I just had that removed so i didn't drop myself in any shit.
The bike was examined. There are pictures down the carbs to the valves showing no washers.
Only thing i signed was the release for my blood tests, which came back clear. I wasn't worried about that i hadn't had a drink since the 28th of june, and hadnt had a doob for a good 3 weeks.
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Current Bike- Suzuki DRZ400 SM K6
Previous bikes - Derbi Senda Xtreme50r, Honda CBR 125, Kawasaki ZZR 250, Yamaha DT125R, Suzuki Bandit 600, Gas gas ec 250, Honda CBR600FW
Damaged spleen, damaged kindey, 2 popped lungs, 2 broken ribs, broken face, broken wrist and 5 back fractures... remember kids walls hurt
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sickpup
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PostPosted: 00:29 - 05 Feb 2012    Post subject: Reply with quote

woll wrote:
The bike was examined. There are pictures down the carbs to the valves showing no washers.


So you hadn't restricted the bikes by using 4mm threaded bar through the carb tops to restrict the amount the slides could rise then?
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D O G
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PostPosted: 01:06 - 05 Feb 2012    Post subject: Reply with quote

There is a short answer to your question.

Yes, you need a solicitor.

I think that you are falling into a trap. That trap is what the police try to use - lack of knowledge of the legal system, and the social niceties people normally adhere to when conducting their daily business with other normal people.

You are up against a legal system which knows what it is doing, and how to get what it wants. As Sickpup is pointing out tho, it would seem that they lack the critical evidence to prove the charges beyond reasonable doubt. Good legal representation should point out this fact to the magistrate, a million times better than you or I ever could.

Give yourself a chance, get a solicitor now.
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sickpup
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PostPosted: 01:28 - 05 Feb 2012    Post subject: Reply with quote

D O G wrote:
As Sickpup is pointing out tho...


I'm also trying to establish if he has the confidence to represent himself and it appears not. I say again and concur with DOG, get a solicitor and if you do don't play the game with them you just have with us.

I would strongly suggest you keep to the line that you remember nothing and that the witnesses description does not match your bikes jointly or you individually so you must question the veracity of the witnesses statement.
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daemonoid
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PostPosted: 01:30 - 05 Feb 2012    Post subject: Reply with quote

Sounds more and more like you need a solicitor, non of us can give legal advice. Next time and for anyone else in a similar situation there is one thing to learn: don't talk to the police - that's about the american justice system but the point is still valid in Europe.
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-LG-
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PostPosted: 02:47 - 05 Feb 2012    Post subject: Reply with quote

If you are found not guilty, do you still have to pay the fees, or do the courts pay them?
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iooi
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PostPosted: 10:41 - 05 Feb 2012    Post subject: Reply with quote

woll wrote:
Without my licence my business goes tits up and I go on the dole + the nearest bus stop is nigh on 2 miles away. Leaves me stuck in the house with nothing to do.

I was injured, missed the crash thread? (won worst crash of 2011 i'll have thee know)


You need a solicitor...... At least you can get him to argue that you need to be able to drive to work.... ( I personally hate this cop out) but its a option that many abuse and still drive despite racking up more than enough points to be banned.

In that case the £600 is small change when counted against loss of job.

Why get the other thread removed ? Was there something in that that proves you are guilty as charged ???

As Sickpup said.
You are very short of facts in your posts. Which to the cynical of us speaks volumes......
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Rogerborg
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PostPosted: 11:49 - 05 Feb 2012    Post subject: Reply with quote

sickpup wrote:
As it stands it looks like you need to plead guilty to the license bit and not guilty to the careless bit as it would appear the chap is rather confused and not able to show that the bikes he allegedly saw driving badly were you and your friend but unless you can represent yourself confidently you need a solicitor.

+1, although if you're going to do that, speak to the prosecutor before committing yourself, see if they'll drop the careless driving charge in return for a guilty plea on the license charge. If the careless driving relies on calling a MOP as a witness, it's more than likely that they won't show up anyway.

If they won't go for that, I'd go not guilty, require them to show their hand so that you can prepare your defence, and see if either of you want to change your minds at the courtroom door, depending on who shows up and who brought their homework with them.

T.C is your best bet for specific advice (but might not want to touch it), but - and I'm loathe to say it - you probably should try and find the money to pay a solicitor.

PePiPoo might be a useful place to get assistance.
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woll
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PostPosted: 12:24 - 05 Feb 2012    Post subject: Reply with quote

iooi wrote:
woll wrote:
Without my licence my business goes tits up and I go on the dole + the nearest bus stop is nigh on 2 miles away. Leaves me stuck in the house with nothing to do.

I was injured, missed the crash thread? (won worst crash of 2011 i'll have thee know)


You need a solicitor...... At least you can get him to argue that you need to be able to drive to work.... ( I personally hate this cop out) but its a option that many abuse and still drive despite racking up more than enough points to be banned.

In that case the £600 is small change when counted against loss of job.

Why get the other thread removed ? Was there something in that that proves you are guilty as charged ???

As Sickpup said.
You are very short of facts in your posts. Which to the cynical of us speaks volumes......


Hate that as a cop out or not, it's true. I live in the sticks. I use my van to get my tools to my customers. When i don't need my tools for a customer I drive the tractors for them. So without my licence i can't get to jobs, let alone get on a tractor and drive all day for customers.

I had the other thread removed because as G said the police do monitor these forums and I didn't want to risk me or someone else saying something about the restrictors that the prosecution could use against me. There was nothing in there regarding the careless driving charge, which is the one I think is flawed at the moment.

When you say i'm very short in my posts how do you mean? Might just be me being half asleep but I can't see what you mean.

I won't be changing my mind on what i remember because i honestly don't remember a bloody thing from that afternoon. If i did then maybe i'd have more grounds to fight the careless driving charge.
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Current Bike- Suzuki DRZ400 SM K6
Previous bikes - Derbi Senda Xtreme50r, Honda CBR 125, Kawasaki ZZR 250, Yamaha DT125R, Suzuki Bandit 600, Gas gas ec 250, Honda CBR600FW
Damaged spleen, damaged kindey, 2 popped lungs, 2 broken ribs, broken face, broken wrist and 5 back fractures... remember kids walls hurt
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