court

Who did your conveyancing on your last house move? Who did your will?
(prolly don't have one, I guess)

 

*ding*

 

<shakes ginger nut sadly>

 

Ring Ade, ask him if he has a solicitors yellow pages.

 

I don't actually /know/ Ade

 

Correct. The legislation covering speeding is in the realm of criminal law.
The Crown Prosecution Service are criminal prosecutors. Civil prosecutions
are brought by private individuals, not the State.

 

OK, let's think around that problem...

Ring Cane, ask him who his tame solicitor is, then ring cane's tame
solicitor and pretend he's Ade.

Don't call him Ade.

 

<G> You daft bugger.

 

things get more and more confused.

I've just spoken to two seperate solicitors who advised me not to get
a solicitor and to change my WDC plea to "guilty".

I explained the situation, told them the speed, gave them a good
description of why the cops said we were WDC[3].

There reasoning was that, based on what I'd told them and what they
knew of Cheshire Magistrates Court's attitude to bikers, that we
*will* definitely be found guilty for WDC[1].

They also both said that if I /do/ decide to do this, three things
come out of the decision:
1) costs will be less, as the prosecution doesn't have to waste time
making a case/cross-examining me
2) /generally/ the number of *points* awarded for a guilty plea are
less than if found guilty after a not-guilty plea (though financial
penalties apparently tend to be the same)
3) we don't actually have to go to Macclesfield - we can write to
change our plea, and it was suggested that we put in writing that our
decision not to intend is not to show disrespect yadda yadda, but just
because of the geographic differences/work commitments etc. We should,
if doing this, also send (photocopies of) bank statements, payslips,
mortgage statements etc. Apparently, not showing up will /not/ be
taken with offence, as again, it just lets them get it over quickly.

[1] though both reckoned on 6 points and 200-500ukp fines, which is
encouraging if not actually reassuring[2]
[2] both also said it will depend on who we get on the day.
[3] one of the solicitors said that, whilst filtering is permitted in
law/by the highway code, it is specifically not allowed on the
motorway[4]
[4] I've never heard of this, and JP doesn't seem to be reading the
newsgroup, so I expect we'll get opinions either way on this.

 

oops, should also say that this reasoning was based on my having a
clean licence, and that in their opinions it would be extremely
unlikely for them to ban me...

 

ROOA doesnt count for summary non recordable offences

 

darsy wrote

Kin shame really as I am sure JP could get the fine down to bugger all
with hardly any effort although I am not sure how clean he could keep
your license.

 

The law society website would have been a good start. As to "decent",
i guess pot luck, but Champ's way of doing it works as well as any
other.

Anyway, here's the place to search from:

www.solicitors-online.com

HTH.

Kiran (via google)

 

As JP has stated up there somewhere that undertaking isn't illegal, or at
least if it was you'd have been charged with it.

Although the Highway code (para 242) does state, referring to motorways,
"Do not overtake on the left or move to a lane on your left to overtake.
In congested conditions, where adjacent lanes of traffic are moving at
similar speeds, traffic in left-hand lanes may sometimes be moving faster
than traffic to the right. In these conditions you may keep up with the
traffic in your lane even if this means passing traffic in the lane to
your right. Do not weave in and out of lanes to overtake."

*BUT* that's not what you've been charged with.

However the charge *is* , and this is what probably counts, without due
care.

So, where you riding without due care? Which is to say "the evidence
must show that the defendant's driving fell below the required standard,
in that he was not displaying the proper care and attention of a
reasonable, competent and prudent driver."

Does the video show you being imprudent, displaying poor control and
judgement? Placing yourself or others in a position of risk? Do you
even inconvenience any other road user (which is starting to stray into
the definition of inconsiderate driving).

My view, and I'm not the one facing the fine, is to plead not guilty to
the charge on the summons.

 

Where do I apply? We're running out of garage space at the moment and when I
eventually get my car license, I want a SOPorsche...

 

darsy is immortal.

 

<slaps hand to forehead>
Of course!

 

You mis-spelt immoral

 

Oh absolutely - I'd travel all the way to Macclesfield to see JP
representing darsy and slowly but surely tying the police officers up in
knots. Well worth the train fare.

 

I'd ride over, there are some good roads between Derby and Macclesfield.