Off to court we go ...

Discussion in 'UK Motorcycles' started by Steve Parry, Dec 12, 2008.

  1. Steve Parry

    Steve Parry Guest

    It appears that north Wales plod have decided to charge me with careless
    driving re the accident Hayley and I had in July. I've engaged the services
    of a brief to defend me as I'm determined to argue the toss as I wasn't
    doing anything wrong but was victim of circumstance.

    Brief reckons it's more to do with the politics of owning a bike in the
    region. We'll see though.

    Court date is 29 December, something nice to worry over at Xmas :)

    --
    Steve Parry
    BMW R80RS, BMW R45, 03 BMW R1100S Boxercup, 07 K1200GT SE
    95 BMW F650, 87 Yamaha FS1, Sukida SK90PY, 91 Kawasaki AR50,
    07 VW Passat SE Estate for comfort
    www.gwynfryn.co.uk
     
    Steve Parry, Dec 12, 2008
    #1
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  2. Steve Parry

    SteveH Guest

    Erk!

    About what you'd expect from Brunstrom, though.

    Isn't 'careless driving' a tad harsh with some serious implications?
     
    SteveH, Dec 12, 2008
    #2
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  3. Steve Parry

    Steve Parry Guest

    Worst case is loss of license I believe which is why I got a brief. Given
    Hayleys injuries they may get arsey with me.

    --
    Steve Parry
    BMW R80RS, BMW R45, 03 BMW R1100S Boxercup, 07 K1200GT SE
    95 BMW F650, 87 Yamaha FS1, Sukida SK90PY, 91 Kawasaki AR50,
    07 VW Passat SE Estate for comfort
    www.gwynfryn.co.uk
     
    Steve Parry, Dec 12, 2008
    #3
  4. Steve Parry

    Gavsta Guest

    I got a "due care" a while back and the situation was extreme, I got a 2
    month ban, but thats cos I got the book thrown at me [1]

    [1] Although to be fair, I deserved it.

    --
    Gavin.

    For the road: GSXR600K1
    For the track: GSXR400GK76A
    For everything else: Citroen Belingo
     
    Gavsta, Dec 12, 2008
    #4
  5. Steve Parry

    Steve Parry Guest

    I genuinely, in this case, don't feel it's warranted. All I did was overtake
    some 40 mph traffic at 50 mph. Got to the front of the line just before the
    entry to a left hand bend that I've never seen stationary traffic at. Was at
    the crown of the road at 50 and unfortunately there was stationary traffic
    around the corner as the council had put a recycling centre off the main
    drag and cars were waiting to turn. Braked like hell, two up, downhill, bike
    went down at I guess 20 mph I bounced off a trailer Hayley hit the trailer
    square on causing broken femur, ulna and loss of spleen. After being seen by
    plod etc at scene I rode the bike back home while Hayley was choppered to
    A&E. That basically the full incident

    --
    Steve Parry
    BMW R80RS, BMW R45, 03 BMW R1100S Boxercup, 07 K1200GT SE
    95 BMW F650, 87 Yamaha FS1, Sukida SK90PY, 91 Kawasaki AR50,
    07 VW Passat SE Estate for comfort
    www.gwynfryn.co.uk
     
    Steve Parry, Dec 12, 2008
    #5
  6. Steve Parry

    Lozzo Guest

    That's North Wales Police for you, utter cunts. And some people wonder
    why I'll never ride a motorcycle on the road in N. Wales ever again.
     
    Lozzo, Dec 12, 2008
    #6
  7. Steve Parry

    antonye Guest

    Sounds pretty careless to me.
     
    antonye, Dec 12, 2008
    #7
  8. Steve Parry

    Eiron Guest

    Looks like you've been punished enough already.
    How is she now?
     
    Eiron, Dec 12, 2008
    #8
  9. Steve Parry

    Gavsta Guest

    Thats the difference, I genuinly was driving like a dick, I put my hands
    up to it at the time and actually thought I was lucky to get what I got.

    If your contesting it in court then make sure that any mitigating
    circumstance are provable.

    Or try to go for a reduced conviction, I pleaded guilty to the due care,
    and said I wouldnt contest anything, but only if they dropped the
    dangerous driving they were actually trying to pin on me. Obviously this
    was all done through my brief over a period of a couple weeks.

    --
    Gavin.

    For the road: GSXR600K1
    For the track: GSXR400GK76A
    For everything else: Citroen Belingo
     
    Gavsta, Dec 12, 2008
    #9
  10. Steve Parry

    Speedgazebo Guest

    That seems harsh, Careless, rather than Due care and Attention, I
    would agree with your brief about the politics.
    I do wish you the best of luck, it's a very crap thing to have
    hanging over you, hope it goes your way.
     
    Speedgazebo, Dec 12, 2008
    #10
  11. Steve Parry

    JackH Guest

    Ok, before you read the rest of my reply, I'm just playing devils, or
    rather, prosecutions, advocate, so don't think I'm having a dig.
    I wouldn't say that in court... admission of an offence straight away,
    unless of course you happen to be bang to rights having been zapped by a
    speed trap at this very point in the story.
    I definitely wouldn't say that in court... it reads like you were complacent
    and not paying proper attention to the road ahead as a result.
    That very day or you knew it was there from having ridden / driven down that
    road before?

    If you admit to knowing it was there, they'll view that as an admission you
    knew approaching a potential hazard and were still continuing to ride above
    the speed limit which I'm sure North Wales plod and the council of the area
    concerned will now take great delight in reiterating is there for a reason.

    If you state you'd never ridden the road before, they'll view it as you
    weren't paying due care and attention.
    Sorry to hear you both got hurt.

    If you've not put the above comments down in some form to plod which they
    can then produce as evidence in court, I suggest you now polish your story
    up somewhat if you want any chance of minimising the potential damage to
    your licence.

    --
    JackH

    98 Honda VFR800FiW
    03 VW Passat TDI Sport (Resting)
    00 VW Golf 1.9 TDI SE Estate
     
    JackH, Dec 12, 2008
    #11
  12. Steve Parry

    Colin Irvine Guest

    I think we've all ridden carelessly in our time. I see absolutely
    nothing to be gained, however, by this prosecution.
     
    Colin Irvine, Dec 12, 2008
    #12
  13. Steve Parry

    Colin Irvine Guest

    What offence?
     
    Colin Irvine, Dec 12, 2008
    #13
  14. Steve Parry

    Eiron Guest

    This thread is a form which plod can produce as evidence....
     
    Eiron, Dec 12, 2008
    #14
  15. Steve Parry

    JackH Guest

    'I didn't start the fire'

    --
    JackH

    98 Honda VFR800FiW
    03 VW Passat TDI Sport (Resting)
    00 VW Golf 1.9 TDI SE Estate
     
    JackH, Dec 12, 2008
    #15
  16. Steve Parry

    Krusty Guest

    Since when did overtaking become an offence?

    --
    Krusty
    www.MuddyStuff.co.uk
    Off-Road Classifieds

    '02 MV Senna '03 Tiger 955i '96 Tiger '79 Fantic Hiro 250
     
    Krusty, Dec 12, 2008
    #16
  17. Steve Parry

    JackH Guest

    I've presumed, wrongly as has been pointed out to me elsewhere, he was in a
    40 limit.

    So no offence in terms of speeding in the classic 'black and white' sense,
    but something which, given the events that then unfolded, could well be
    cited by plod / the prosecution, as a key factor in why he couldn't
    apparently stop safely along said stretch of road.

    I hate the potential implications of cases like this... you can bet your
    bottom dollar that plod / the local council or whoever it is that's
    responsible for setting the speed limit along that and other roads, will now
    cite this as a perfect example of why the limit is there, and why they
    therefore need to police the roads so heavily in terms of speed traps and
    the introduction of more lower speed limits elsewhere as the proles
    obviously can't be trusted to determine an appropriate speed for themselves.

    --
    JackH

    98 Honda VFR800FiW
    03 VW Passat TDI Sport (Resting)
    00 VW Golf 1.9 TDI SE Estate
     
    JackH, Dec 12, 2008
    #17
  18. Steve Parry

    JackH Guest

    Since never, unless you've crossed double whites. ;-)

    But as per my other reply, I've presumed wrongly he was in a 40, so
    apologies.

    --
    JackH

    98 Honda VFR800FiW
    03 VW Passat TDI Sport (Resting)
    00 VW Golf 1.9 TDI SE Estate
     
    JackH, Dec 12, 2008
    #18
  19. Steve Parry

    Krusty Guest

    'And then Mr Parry said "Ow! OWWW" STOP KICKING ME!" as we gave him a
    good hiding.'

    --
    Krusty
    www.MuddyStuff.co.uk
    Off-Road Classifieds

    '02 MV Senna '03 Tiger 955i '96 Tiger '79 Fantic Hiro 250
     
    Krusty, Dec 12, 2008
    #19
  20. Steve Parry

    Lozzo Guest

    Perhaps if they do, questions might be raised as to why the road didn't
    have a "Queues Likey" sign before the bend to warn road users that
    there may be traffic stopped outside the council tip entrance.
     
    Lozzo, Dec 12, 2008
    #20
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