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 Post subject: Re: Drivers!
PostPosted: Fri Feb 15, 2013 11:29 am 
retrobike rider
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Joined: Sun Dec 18, 2011 10:42 pm
Posts: 2189
Location: milton keynes
I can't see what the story is the link takes me to today's paper


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 Post subject: Re: Drivers!
PostPosted: Fri Feb 15, 2013 11:33 am 
Retro Guru
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Joined: Wed Jun 20, 2012 6:25 pm
Posts: 606
Location: New Forest
To be guilty of Perverting the course of justice you have to do one or more of three things.

Fabricating or disposing of evidence
Intimidating or threatening a witness or juror
Intimidating or threatening a judge

Sadly providing an account in a police interview which cannot be materially disproven doesn't meet the legal threshold for this offence.

This is the local papers most recent article, others are linked from that http://www.bournemouthecho.co.uk/news/10226975.Fatal_accident_special_constable__why_WASN_T_she_prosecuted_/


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 Post subject: Re: Drivers!
PostPosted: Fri Feb 15, 2013 11:34 am 
retrobike rider
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Joined: Tue Jul 10, 2012 11:58 pm
Posts: 2363
Location: Bournemouth
http://www.bournemouthecho.co.uk/news/10226960.She_should_have_faced_charges__top_traffic_cop_s_verdict_on_fatal_accident_Special/?ref=mr


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 Post subject: Re: Drivers!
PostPosted: Fri Feb 15, 2013 11:36 am 
retrobike rider
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Joined: Tue Jul 10, 2012 11:58 pm
Posts: 2363
Location: Bournemouth
retrocomeback wrote:

Sadly providing an account in a police interview which cannot be materially disproven doesn't meet the legal threshold for this offence.



She said 1st that she wasn't on the phone. They were able to materially disprove this.

Also, the SMIDSY defense is utter bulls**t. As a driver you should be aware of everything going on around you, and if you are not, it's driving without due care and attention.


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 Post subject: Re: Drivers!
PostPosted: Fri Feb 15, 2013 11:45 am 
Retro Guru
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Joined: Wed Jun 20, 2012 6:25 pm
Posts: 606
Location: New Forest
An educated guess tells me any defence counsel would simply argue that away as a some form of misunderstanding, claiming their client interpreted the "on the phone" question as "physically holding it", hence it would hold no weight at all. It disgusts me that the CPS are now acting as some form of preliminary court, it's statistics hampering justice, I personally believe there is enough there for a case and it should be for a judge and jury to determine if the evidence is sufficient for the case to proceed to full trial.


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 Post subject: Re: Drivers!
PostPosted: Fri Feb 15, 2013 2:52 pm 
Gold Trader / PoTM Winner
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Joined: Mon Aug 08, 2011 2:35 pm
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retrocomeback wrote:
It disgusts me that the CPS are now acting as some form of preliminary court, it's statistics hampering justice, I personally believe there is enough there for a case and it should be for a judge and jury to determine if the evidence is sufficient for the case to proceed to full trial.



What the CPS have to account for now, because of the cost effectiveness of conviction, is how likely it is that a conviction will be made.... sadly


G


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 Post subject: Re: Drivers!
PostPosted: Sat Feb 16, 2013 1:15 am 
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Joined: Sat Nov 21, 2009 3:53 pm
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surely tha'ts the job of a jury?


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 Post subject: Re: Drivers!
PostPosted: Sat Feb 16, 2013 9:29 am 
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Joined: Wed Jun 20, 2012 6:25 pm
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Location: New Forest
It's just plain wrong that justice is only available if its cost effective enough, meanwhile we send upwards of £35 million a day to the EU. I've lost count of the number of jobs I've put to CPS being sure of an authorisation to charge only to have them declined, guess who is then left to tell the victim that? Grrrrrr.


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 Post subject: Re: Drivers!
PostPosted: Wed Feb 20, 2013 9:27 am 
retrobike rider
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Joined: Sun Feb 19, 2012 10:08 am
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Location: Nth Somerset, UK
Drivers!

Thought I'd relay a couple of corkers from last nights ride.

I decided to try out my latest build, so did a 25k circular ride around the outside of the town where I live. I do tend to get caught in a bit of commuter traffic, but try to choose a route where I will encounter the minimum of cars.

Near the local hospital, is a long straight road with a mini roundabout in the middle where confusion reins supreme. As I was about 1/2 a mile from the roundabout, I could see the traffic was backed right up and stationary, so I waited for a little gap in the traffic that was overtaking me, and started to move to the middle of the lane in order to overtake the line of stationary cars that I was getting closer and closer to. Despite the fact that there was not really enough room between me and the stationary cars, some bloke decided he could get his Ford Fiesta into the gap and started to overtake, as the car drew level with me, the dopey looking blonde in the passenger seat said "get on the pavement!" to me :facepalm: The Fiesta then stopped in the queue and I overtook him, turning right into a much quieter road about 100 yards ahead.

Later in the same ride, and not too far from home, there is a steep climb of a couple of hundred yards. At the very top of the climb is a T junction entering the road I was on from the left. I turn left at this junction, but actually have right of way to go straight on.

As I got to the top of the climb, I was standing in the pedals, as it's pretty steep, and there were cars coming from the opposite direction who wanted to go the same way as me, most of whom neatly nipped round the corner before I got there, but not the lady in the Mondeo estate, no, she was too late to swing round the corner safely, as I was now approaching a narrow section where the turn is made. She looked at me, and at the rapidly dissaperaing gap, made eye contact with me... and made the turn anyway :shock:

My handlebars are 42cm c to c, to my left is a stone wall, to my right, a Ford Mondeo full of kids the wing mirror of which and for that matter the entire length of the car was no more than 30cm from my bars :facepalm:

A short distance ahead the water board are digging up the road, and there are traffic light, where I quickly caught up with Mrs Mondeo-in-a-Hurry and passed her as close as she had passed me, tapping her wing mirror lightly as I passed. I doubt she got the message, but it made me feel better.

I think I'm going to start riding with a helmet cam, just so I can get these peoples registration numbers.


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 Post subject: Re: Drivers!
PostPosted: Wed Feb 20, 2013 9:36 am 
Retro Guru
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Joined: Wed Mar 21, 2012 11:23 pm
Posts: 938
remember to fold that mirror in. and change to metallic bar ends. not big and not clever i know.


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