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| woll |
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 woll World Chat Champion

Joined: 01 May 2010 Karma :   
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 Posted: 21:19 - 04 Feb 2012 Post subject: Worth having a solicitor? |
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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? ____________________ 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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| daemonoid |
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 daemonoid World Chat Champion

Joined: 27 Jun 2008 Karma :    
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 Posted: 22:31 - 04 Feb 2012 Post subject: |
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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. ____________________ current: ducati monster 750
past: hyosung gt250r, bajaj pulsar 180, hyosung gt 125 comet
@thomasgarrard | www.straitjkt.com | www.racingseven.com |
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 23:01 - 04 Feb 2012 Post subject: Re: Worth having a solicitor? |
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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. ____________________ 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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| sickpup |
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 sickpup Old Timer

Joined: 21 Apr 2004 Karma :     
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| Pete. |
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 Pete. Super Spammer

Joined: 22 Aug 2006 Karma :     
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 Posted: 23:10 - 04 Feb 2012 Post subject: |
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EDITED ____________________ a.k.a 'Geri'
132.9mph off and walked away. Gear is good, gear is good, gear is very very good 
Last edited by Pete. on 23:27 - 04 Feb 2012; edited 1 time in total |
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| woll |
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 woll World Chat Champion

Joined: 01 May 2010 Karma :   
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 Posted: 23:16 - 04 Feb 2012 Post subject: |
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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) ____________________ 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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 sickpup Old Timer

Joined: 21 Apr 2004 Karma :     
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| woll |
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 woll World Chat Champion

Joined: 01 May 2010 Karma :   
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 Posted: 23:22 - 04 Feb 2012 Post subject: |
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| sickpup wrote: | Can we see a picture of your boots please. |
https://www.motorbikecrazy.com/acatalog/sidi-vertigo.jpg
More battered version of those. ____________________ 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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 sickpup Old Timer

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| woll |
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 woll World Chat Champion

Joined: 01 May 2010 Karma :   
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 Posted: 23:38 - 04 Feb 2012 Post subject: |
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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 ____________________ 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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 Nexus Icon World Chat Champion
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| sickpup |
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 sickpup Old Timer

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| woll |
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 woll World Chat Champion

Joined: 01 May 2010 Karma :   
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 Posted: 00:06 - 05 Feb 2012 Post subject: |
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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. ____________________ 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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 sickpup Old Timer

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| woll |
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 woll World Chat Champion

Joined: 01 May 2010 Karma :   
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 Posted: 00:11 - 05 Feb 2012 Post subject: |
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| 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. ____________________ 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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 sickpup Old Timer

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| woll |
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 woll World Chat Champion

Joined: 01 May 2010 Karma :   
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 Posted: 00:24 - 05 Feb 2012 Post subject: |
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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. ____________________ 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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 sickpup Old Timer

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| D O G |
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 D O G World Chat Champion

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| sickpup |
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 sickpup Old Timer

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| daemonoid |
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 daemonoid World Chat Champion

Joined: 27 Jun 2008 Karma :    
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 Posted: 01:30 - 05 Feb 2012 Post subject: |
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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. ____________________ current: ducati monster 750
past: hyosung gt250r, bajaj pulsar 180, hyosung gt 125 comet
@thomasgarrard | www.straitjkt.com | www.racingseven.com |
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| -LG- |
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 -LG- World Chat Champion
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| iooi |
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 iooi Super Spammer

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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 11:49 - 05 Feb 2012 Post subject: |
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| 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. ____________________ 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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| woll |
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 woll World Chat Champion

Joined: 01 May 2010 Karma :   
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 Posted: 12:24 - 05 Feb 2012 Post subject: |
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| 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. ____________________ 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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Old Thread Alert!
The last post was made 14 years, 249 days ago. Instead of replying here, would creating a new thread be more useful? |
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