Biker Given Eight Penalty Points And Fined £885 For Undertaking Car

From the description etc, I'm not surprised he got walloped..........

The only time Plod will ignore overtaking on the inside (or 'on the left'; not that stupid expression of 'undertaking') is when traffic is moving really slowly or still; IE at traffic lights or in queues such as approaching the Dartford crossing (as they did).......

It isn't an offence to overtake on the inside, but it's down to Plod's judgement if it was safe to do so.

 

Well..........It's tits like him that gets all bikers a bad name.....

 

If you are issued with a fixed penalty you can either accept it and pay up, or contest it and go to court. It's only worth going to court if you have some kind of defence or mitigation to put forward. The worst of all worlds is to force the case to go to court, but then offer no defence, no mitigation, and fail even to turn up at trial. That is really going out of your way to piss everybody off. Only do that if you want the book thrown at you - as in this case.

 

I agree Pete...........and just in case anyone doesn't realise........

....even if you do go to court over it, the chances it will be a Magistrates court (at first........It depends how you proceed thereafter) you will find that Magistrates 99.9% of the time will side with Plod.

 

It was hardly a dangerous move. Many a time in the car or on the bike have I under taken some thoughtless twat who sees fit to hog the outside land. Clearly who ever stopped him hates bikers and the local beak also is a bike hater.

Wheelie man is just a bell end

 

99.9% is a bit of an exaggeration. Mags do sometimes accept a defence, if it is genuine, and acquit. They also sometimes accept a mitigation plea and impose a lighter sentence (e.g. not disqualifying with over 12 points).

Defences and mitigations have to be plausible and substantiated; just shooting a load of made-up cobblers is unlike to impress the Mags, who have heard it all before.

 

Usually what seems to 'aid' the Magistrates' decision is the Clerk of the Court, who shouldn't really but do advise them on more than just points of law.

 

Who was the "Victim" that received a £60 surcharge?

 

yeah lets put it before the full time professional magistrates..........er?

 

The guy on the bike in my book

 

where did you get that statistic from?

 

pah! you are just using this thread to sell your book

 

From four of your kind who are all in different 'services'; plus two QCs and three solicitors. It related to something I was involved with a number of years ago.

It was a good enough statistic for me to draw a conclusion.

Perhaps I should have said: "....you will find that Magistrates 99.9% of the time will side with Plod when a motoring offence is involved".

 

you see i disagree with your motivation and sentiment but agree with the figure.

the fact is CPS won't run a case unless there a 99.9 % chance of a conviction.......so the evidence has to be pretty much spot on....gone are the days where you know someone is guilty, are struggling to prove it evidentially, but lets put it before the mags or jury to see what they think.

So theres no surprise that most that go to court get convicted, given the rules on evidential value!

Are you saying these examples were wrongly convicted? Are you saying they were only convicted because the magistrates are bent and always side on the cops side?

get real.....

 

Oh, I'm real alright.........as one force found out to their heavy cost, as did the CPS.

 

I am part of the .01% as I was found not guilty and the cps had to pay the costs . wankers.

Nowt to do with bike riding though .

 

If whilst driving your car in the left-hand lane, you maintain your speed-limit compliant speed, which leads to an "overtake on the left" - because S4B is in the right-hand lane and refuses to pull over into the left-hand lane - i.e. you haven't pulled in to the left-hand lane exclusively to perform an overtake (on the left side) ...

... who will the Travelling Plodburys attempt to gain a conviction on? Is it:

1. S4B, who is hogging the right-hand lane?
2. You, for performing an overtake of the left-hand side
3. The nearest biker?

We should have a poll!

 

My two penny worth...

Safe over take:
Gave the car plenty of room.
Sensible speed.
How is this in the public interest to even pull the guy over...?