<stunned> :-/

That cop that was supposed to be getting in touch with me did, and we
arranged a time and day for me to go to the station and give a statement
about last months accident.

When I walked in, I was pretty confident it would come out the other guys
fault, and that this was just a formality.

I get there to be told that some of the witnesses say I was travelling too
fast (low in second gear on the TZR, so can't be more than 15-20mph)
therefor it was looking like my fault, and they'll tell me sometime late on
this coming week whether or not they wish to do me for driving without due
care and attention...

Needless to say, I walked out of the police station not a very happy bunny.
Since I already have three points for speeding, and I'm in my first two
years of licence ownership, if I get done for this, it's straight back to
square one, no full licence for at least another two and a bit years and
even more for insurance... :-(

As it is, even if they don't do me for it, the cop said they could make me
do a riding coarse, which would cost me £120, which to be fair, I would
rather not spend, and I'm still gonna get fucked over the crash anyway,
leaving me with a claim on my insurance.

What's the likelyness of them doing me for it, and how much I'm gonna be
looking at paying for insurance after all this?

 

<snip stuff>

TBH I haven't got a clue, I can't recall the circumstances of your
accident but I would recommend that you ask JP his opinion, and get in
touch with RSS.

Is there a reason for such a harsh penalty, as opposed to careless and
inconsiderate? Apparently they don't normally like to prosecute for DC&A
as it is difficult to get a successful prosecution, they normally go for
the C&I; although a lesser offence they are normally successful and it
results in points and a fine.

Of course, given your circumastances even the points and fine bit
wouldn't be much use.

--
Lesley
ZXR400SP
"Not bad for a Scouser"
SBS#11[with oak-leaf cluster]
BOTAFOT#101A UKRMHRC#12
BONY#54P BOB#18

Un-cork me to reply

 

Get some legal advice. Page JP, or go to an appropriate solicitor.
I've read it here many times that witnesses always over-estimate the
speed of a motorcycle before collision, so I don't see why the filth
should be thinking about due care and attention on the strength of some
layman's statements.

Don't let them **** you up, just for a minor lob.

 

Indeed - seems harsh. Though, if they offer the course at £120 and no
prosocution, I'd be very tempted to do the course!

 

Careless doesn't exist anymore, I believe. You can only be done for
DWDC&A or Dangerous. I was done for DWDC&A when they couldn't prove
my speed once. Got 4 points and a £100 fine because I was a poor
student.

 

In uk.rec.motorcycles, Dynamic said:

Did they see you going too fast or did they hear you? If you've got a
noisy pipe I reckon you could sound faster than your going. I mean, 4 or
5,000 revs in a car is a whole different speed to 4 or 5,000 revs on a
bike and if they heard your speed, that may be a defence, but then
IANAL.

 

Was this the BMW that hit you on the roundabout?

I thought if you were on the roundabout you had right of way.

 

I was done for CD about 7 years ago when I was just about 18. Pleaded guilty stupidly, still recieved a £120 fine and 5
points. Now, under the same circumstances I would now fight the bastards. Really fucked me up insurance wise for at
least three years even just insuring my minis (was also a student).

To be honest if you fight it can be worse in the end and it's all up to how far you're willing to take it. Personally I
would stick to your guns.

 

Ben said....
..

What would you have got if you were a good student?

--
Lozzo : Old enough to know Champ
ZZR1100D, GPZ500S, CB250RS x3
BOTAFOT#57/70a, BOTAFOF#57, two#49, MIB#22, TCP#7, BONY#9,
ANORAK#9, DIAABTCOD#14, UKRMT5BB, IBW#013, MIRTTH#15a/16,
BotToS#8, GP#2, SBS#10, SH#3, DFV#14.
Url for ukrm newbies : http://www.ukrm.net/faq/ukrmscbt.html
http://www.glfuk.com/ for MJK Leathers in the UK.

 

I'd try to remember exactly was said at the police station and then
write it down. If you haven't written down what you remember of the
accident then do that now.

As others have said drop an E Mail to JP with all the facts and I know
he will do his best to give you an honest, straightforward and as
helpful an answer as possible.

 

A decent degree and career prospects.

 

Due care doesnt exist any more - it became Careless and inconsiderate
under the 1988 Road traffic act (the same one where "reckless" became
"dangerous"). A lot of old bill still use the old teminology though.
So wrong I`m afraid!

 

Good advice

Feel free to e-mail me and I`ll advise.

 

Thanks for the offer, but at the moment, I don't think there is much to ask.
The cop who was dealing with my case said that somone higher ranking would
be looking over all the stuff either yesterday or today, and that he would
get back to me at the end of the week. So, until then I think all I can do
is wait.

:-(

 

Dynamic wrote

<Private Fraser>

He is doomed, doomed I tell you.

</pf>

 

If I were you, getting screwed over like this, I'd jump at an offer of
help like this. Turning down personal advice from JP would be like
saying no to a free pint.

I take it you've already got a brief? If not get yourself down to one
soonest. I think legal aid is still available if money's tight?

 

Something I would *never* do!

 

Ask JP anyway. He knows his onions, and he's a good sort.