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Driving without due care and attention

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BillyJ
Nearly there...



Joined: 07 Jan 2013
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PostPosted: 18:37 - 16 Jan 2015    Post subject: Driving without due care and attention Reply with quote
I was in an accident, I believe there is a dispute in liability at the moment but fuck, my statement was shit, I was in shock and I need it to be dismissed!

Just got this in the post:
Quote:
I am writing concerning the above incident in which you were involved and to advise you that an investigation will now commence during which all the evidence will be reviewed.

There are 3 possible outcomes as a result of this investigation depending on whether there is enough evidence to support the offence of "Driving without due care and attention".

1. No further action
if there is lack of evidence blah blah...

2. Prosecution

3.Driver alertness course



There are no independent witnesses, only a bouncer from a club, the officers at the scene said he was not an independent witness but a employee and therefore cannot give a statement.

I have learnt that when asked to give a statement I should never ever do it.


Basically, I am worried that my statement will be evidence against me because it is shit, I said the wrong thing because I heard this bouncer shouting stuff towards me, i.e. I said he pulled out, i moved to the right to go past him but couldn't due to oncoming traffic and then had to swerve left and he hit me. But I didn't move to the right, I just swerved and he hit me...

I gave the statement whilst in shock, had a resting heart rate of 128 and was not asked if I was fit to give it after being involved in an accident??

Help me, what do i do?? Crying or Very sad[/quote]
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iooi
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PostPosted: 18:43 - 16 Jan 2015    Post subject: Reply with quote
Seek legal advice.

NOT what you will get on a forum.

You have already shot yourself in the foot by admitting you were doing 35 in a 30 zone.
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Joncrete Cungle
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PostPosted: 18:46 - 16 Jan 2015    Post subject: Reply with quote
https://forums.pepipoo.com/index.php?s=7f17684de20cb35a3c62c51b018e783e&showforum=5
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BillyJ
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Joined: 07 Jan 2013
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PostPosted: 19:32 - 16 Jan 2015    Post subject: Reply with quote
MC wrote:
Is the letter asking for your written statement? I thought you had to provide a written statement afterwards, as statements taken at he scene can't be used in court.

In my case because none of the witnesses responded they took no further action. I also admitted to speeding at the scene (was kinda shocked) and the police tried their best to pin the blame on me.


No it just says we will get back to you to advise you of the outcome of our enquiries, the officer wrote down what I said at the scene and asked me to sign it, I did so blindly just wanting to leave the situation.
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Rogerborg
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PostPosted: 20:06 - 16 Jan 2015    Post subject: Reply with quote
BillyJ wrote:
the officer wrote down whatever he wanted at the scene and asked me to sign it, I did so blindly just wanting to leave the situation.

Crying or Very sad

Well, the die is cast, the statement signed. There's nothing that you can do now, so try not to fret until and unless a blackmail demand or summons hits the mat.

You have learned a valuable lesson, at least, that self incrimination needs no corroboration. Spread the word.
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BillyJ
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PostPosted: 20:14 - 16 Jan 2015    Post subject: Reply with quote
Rogerborg wrote:
BillyJ wrote:
the officer wrote down whatever he wanted at the scene and asked me to sign it, I did so blindly just wanting to leave the situation.

Crying or Very sad

Well, the die is cast, the statement signed. There's nothing that you can do now, so try not to fret until and unless a blackmail demand or summons hits the mat.

You have learned a valuable lesson, at least, that self incrimination needs no corroboration. Spread the word.


Thanks Roger Thumbs Up

I get what you are saying Sad

The worst thing is about this whole situation is that when the officers came the first thing one did was balance his coffee on my bikes fuel tank....
And then the guy that pulled out somehow started eating some chicken and rice after he gave his statement?!?!

All while I was shaking and scared.

What the fuck is wrong with people...
____________________
Had: '06 CBR125R + '01 GSF600 + '07 SPRINT ST 1050 + '80 CB250 RSA + '93 Ducati 900SS
Have: '13 GSXR-1000 + '01 CB500S
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iooi
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PostPosted: 21:23 - 16 Jan 2015    Post subject: Reply with quote
Quote:
My solicitor is quite prompt with emails so she should let me know when they get back to her. How long do you think?

Here would be a good start

That is who you need to be seeking advice from....


Nice to see that you have also edited the speed you were doing from the origonal thread Laughing

Quote:


didn't see him till too late due to him not having any visible lights

I couldn't go round the right as oncoming traffic and didn't want to go into the side of him so went for space as after trying I realised I wasn't gonna stop in time, actual collision was only about 15mph so I kept the bike upright and got away with slightly bruised, crushed, sore knee.

Honestly probably 29 or something. Why?
EDIT:
+10% +9mph
...speed limit is 42 so that's fine

Funny that used to be 35 mph Wink

So you did not see a car on a streetlight road with oncoming traffic... @ less than 30 mph and still hit @ 15 mph.
So you were something like 4 car lengths away. Yet had time to make a decision that you could not go one way, but could the other....

All I can say is one of you is looking a DC&A

Either you for poor obbs. Or the other driver for failure to check before pulling out.
But given the width of the road and the fact the RR would have stopped the oncoming traffic. Where did these witnesses go?
Google maps
Quote:
He must of come out the right side road, or been stopped on the dipped curb and then come out onto my side because I was in between where the end of red bay is and the side of his car.

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BillyJ
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PostPosted: 21:45 - 16 Jan 2015    Post subject: Reply with quote
I think it was poor obs from me as well as him not looking, but I did manage to keep it up and swerve, minimising damage.

Anyway genuine question time:
Should I delete original thread even though there is no tie between my profile and the real me Twisted Evil

And i have not been told anything about him claiming against me? should I be?
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Had: '06 CBR125R + '01 GSF600 + '07 SPRINT ST 1050 + '80 CB250 RSA + '93 Ducati 900SS
Have: '13 GSXR-1000 + '01 CB500S
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andyscooter
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Joined: 30 May 2009
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PostPosted: 22:56 - 16 Jan 2015    Post subject: Reply with quote
Pay

Go on course

Learn something

Get no further action

Seems to be the latest money making scene from police

Bike in accident must be in wrong

You already admitted a fault so its only easy option
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RichardCraniu...
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Joined: 08 Jan 2015
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PostPosted: 00:49 - 17 Jan 2015    Post subject: Reply with quote
BillyJ wrote:


Anyway genuine question time:
Should I delete original thread even though there is no tie between my profile and the real me Twisted Evil


Don't be so sure. I'm sure there aren't many 19 year olds who live in an end terrace house near Morrisons in Camberwell, with a birthday in May, who are currently being investigated for not paying attention.

Never assume anything you say on the internet is anonymous, jamjool.
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Pie-Roe
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PostPosted: 10:54 - 17 Jan 2015    Post subject: Reply with quote
In the times I haven't been carted off to hospital pumped full of IV morphine and ketamine, I've sat down, had a smoke and a bottle of water before talking to the police to let the adrenaline settle and the situation becomes much clearer and easier to do.

Apart from the time I tried to hit the guy who knocked me off the TLR and got grabbed from behind and dragged away by the police. That time I didn't sit down and wait.
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Previous: GSF600, FZR600 x2, ZXR750, XT600 Tenere, CB125, CZ125, ETZ 250, ER5, CCM R30, DRZ400, RF600x4, RF900x2, GS500, VTR1000F, 640 SMC, CB250 NIGHTHAWK, GT550x3, GPX750 TE610, CB500, X11x2, SV650, ZING 125, TL1000R,CB250 Superdream, CBR1100XX
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Iain.
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PostPosted: 11:06 - 17 Jan 2015    Post subject: Reply with quote
When I came off the CR the police followed the ambulance and I wasn't allowed medical attention till such times as I'd signed some shit and been breathalysed. Literally got unloaded from ambulance and stopped in the entrance to A&E by three coppers who wouldn't let medical staff near me till they'd had a word.

They also sneaked in and visited me just after I woke up from my operation and had me scribble on some stuff. I have to pay moniez to get the crash reports & statements and stuff if I actually want to find out what I agreed to.

I then worked out what had happened, complained and pushed for prosecution and got threats to be done for a number of offences and told that it would be best for me to drop everything. Kent police are utter fucking scum. Mad
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BillyJ
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Joined: 07 Jan 2013
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PostPosted: 11:14 - 17 Jan 2015    Post subject: Reply with quote
Iain. wrote:
When I came off the CR the police followed the ambulance and I wasn't allowed medical attention till such times as I'd signed some shit and been breathalysed. Literally got unloaded from ambulance and stopped in the entrance to A&E by three coppers who wouldn't let medical staff near me till they'd had a word.

They also sneaked in and visited me just after I woke up from my operation and had me scribble on some stuff. I have to pay moniez to get the crash reports & statements and stuff if I actually want to find out what I agreed to.

I then worked out what had happened, complained and pushed for prosecution and got threats to be done for a number of offences and told that it would be best for me to drop everything. Kent police are utter fucking scum. Mad



Much more extreme than my event but this is a bit like how I feel....

I was thinking about it yesterday and realised the police have never actually helped me. Only made my life harder...

Since when are the police (A public service!) there to just get convictions and meet targets?

I was utterly disappointed with how much they made me feel at fault at the scene, they were laughing with the guy that pulled out at one point.
____________________
Had: '06 CBR125R + '01 GSF600 + '07 SPRINT ST 1050 + '80 CB250 RSA + '93 Ducati 900SS
Have: '13 GSXR-1000 + '01 CB500S
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Andy_Pagin
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Joined: 08 Nov 2010
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PostPosted: 11:58 - 17 Jan 2015    Post subject: Reply with quote
BillyJ wrote:
Anyway genuine question time:
Should I delete original thread even though there is no tie between my profile and the real me Twisted Evil


Korn wrote:
Behaving like the internet is truly anonymous
You're accountable for everything you say here, be it libelling somebody or bragging about illegal exploits. I've had to deal with so many Data Protection Act waivers and requests for information from the police now that I'm on first-name terms with some of them! Unless you've only ever logged into your account from a series of Kazakhstani proxy servers, don't assume you are in any way anonymous. Don't say anything you wouldn't in the real world.


"Middle Finger" trumps "Twisted Evil"
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They're coming to take me away, ho-ho, hee-hee, ha-haaa, hey-hey,
the men in white coats are coming to take me away.
Yamaha Vity -> YBR125 -> FZS600 Fazer -> FZ1-S Fazer
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Pie-Roe
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PostPosted: 12:02 - 17 Jan 2015    Post subject: Reply with quote
I'm going to hazard a guess here that the person who pulled out on you was in some way related to the club, as you said the bouncer wasn't an impartial witness.

The police will be on first name terms with a lot of the staff at the club, especially if they do a good job, don't cause trouble and isolate incidents for arrest quickly. Also, the bouncer will have given a statement, it's just up to the police to work out if it's valid or not.

They will take a dim view on any motorcyclists with loud exhausts riding up and down outside a club for attention, especially if they were speeding.

This is how it looks to the police. You were riding your bike dangerously fast outside a club. You collided with someone they know and have contact with's employee. They are always careful driving because drunks innit.

I'm not saying this is how it goes, just from the limited information you've provided, this is how it would play out around any of the clubs around me.
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Previous: GSF600, FZR600 x2, ZXR750, XT600 Tenere, CB125, CZ125, ETZ 250, ER5, CCM R30, DRZ400, RF600x4, RF900x2, GS500, VTR1000F, 640 SMC, CB250 NIGHTHAWK, GT550x3, GPX750 TE610, CB500, X11x2, SV650, ZING 125, TL1000R,CB250 Superdream, CBR1100XX
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BillyJ
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PostPosted: 12:06 - 17 Jan 2015    Post subject: Reply with quote
Pyro. wrote:
I'm going to hazard a guess here that the person who pulled out on you was in some way related to the club, as you said the bouncer wasn't an impartial witness.

The police will be on first name terms with a lot of the staff at the club, especially if they do a good job, don't cause trouble and isolate incidents for arrest quickly. Also, the bouncer will have given a statement, it's just up to the police to work out if it's valid or not.

They will take a dim view on any motorcyclists with loud exhausts riding up and down outside a club for attention, especially if they were speeding.

This is how it looks to the police. You were riding your bike dangerously fast outside a club. You collided with someone they know and have contact with's employee. They are always careful driving because drunks innit.

I'm not saying this is how it goes, just from the limited information you've provided, this is how it would play out around any of the clubs around me.


I understand, I feel like it is now a sit and wait for my fate to be decided by the police then?

Still have a little hope for the insurance, hopefully they will find him liable and recover all costs Thumbs Up
____________________
Had: '06 CBR125R + '01 GSF600 + '07 SPRINT ST 1050 + '80 CB250 RSA + '93 Ducati 900SS
Have: '13 GSXR-1000 + '01 CB500S
"The aryan confuser"
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Pie-Roe
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PostPosted: 12:18 - 17 Jan 2015    Post subject: Reply with quote
BillyJ wrote:


I understand, I feel like it is now a sit and wait for my fate to be decided by the police then?

Still have a little hope for the insurance, hopefully they will find him liable and recover all costs Thumbs Up



It seems like you're shitting yourself for no reason to me. They are investigating. They've done that for every crash I've had. nowt happened for any of them. If they do find a reason to do you for dangerous or careless, you can decide to contest or accept it.

Don't worry too much. If you've had your licence for over 2 years, you'll get 6 points and a fine. IF you haven't, beg for a ban and cite needing bike. I had a friend who got cut up by one of his riding buddies, he hit a car and got done with careless as well as breaking ribs and wrist, his insurance went up by 50 quid, and it basically made no difference. He was a bike mech at the time and was still on their company insurance.
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Previous: GSF600, FZR600 x2, ZXR750, XT600 Tenere, CB125, CZ125, ETZ 250, ER5, CCM R30, DRZ400, RF600x4, RF900x2, GS500, VTR1000F, 640 SMC, CB250 NIGHTHAWK, GT550x3, GPX750 TE610, CB500, X11x2, SV650, ZING 125, TL1000R,CB250 Superdream, CBR1100XX
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BillyJ
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Joined: 07 Jan 2013
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PostPosted: 13:03 - 17 Jan 2015    Post subject: Reply with quote
Pyro. wrote:
They've done that for every crash I've had. nowt happened for any of them.


Do they do it for every crash?

It's my first, and do they tell you if they plan on doing nothing, or do they not even tell you?

EDIT:
And is there a rule about how long they have to tell me that they will do something? Like 14days or something?
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Had: '06 CBR125R + '01 GSF600 + '07 SPRINT ST 1050 + '80 CB250 RSA + '93 Ducati 900SS
Have: '13 GSXR-1000 + '01 CB500S
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arry
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PostPosted: 14:28 - 17 Jan 2015    Post subject: Reply with quote
Crashes bike
Gets injured
Threatened with driving without due care and attention........


BillyJ wrote:

The worst thing is about this whole situation is that when the officers came the first thing one did was balance his coffee on my bikes fuel tank....


Really? Laughing
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BillyJ
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PostPosted: 15:42 - 17 Jan 2015    Post subject: Reply with quote
arry wrote:


Really? Laughing


Yes.

I would be arrested for criminal damage if I put a hot drink on a police car!
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BillyJ
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PostPosted: 16:17 - 17 Jan 2015    Post subject: Reply with quote
And then spat in his face.

I probably wouldn't be investigated for driving without due care and attention if I did that Thumbs Up
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Had: '06 CBR125R + '01 GSF600 + '07 SPRINT ST 1050 + '80 CB250 RSA + '93 Ducati 900SS
Have: '13 GSXR-1000 + '01 CB500S
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 16:26 - 17 Jan 2015    Post subject: Reply with quote
Quote:
I couldn't go round the right as oncoming traffic

Quote:
Big black car sideways in road, didn't see him till too late due to him not having any visible lights. I went for the small gap in between the front of his car and the parked cars but he didn't see me and was doing some maneuver(possibly 3 point turn...), he slowly moved closer to the parked car and caused me to be pinched.


He was "sideways in the road" whilst "doing some maneuver(possibly 3 point turn...)" and there was "oncoming traffic"?

You say you "didn't see him till too late due to him not having any visible lights" but if we have a look from further back on the road you approached on can you see where "he must of come out the right side road, or been stopped on the dipped curbHe must of come out the right side road, or been stopped on the dipped curb"?

Was the "big black car sideways in road", did it "come out the right side road" or was it "stopped on the dipped curb"?
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Rogerborg
nimbA



Joined: 26 Oct 2010
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PostPosted: 16:31 - 17 Jan 2015    Post subject: Reply with quote
BillyJ wrote:
I feel like it is now a sit and wait for my fate to be decided by the police then?

A court. You're barely at the start of the process. Relax, it won't come to much in the end.
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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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