Need 'legal' advice!!!!

Off-topic
1

Well it had to happen at some point… I’ve been pulled for doing a wheelie. :frowning: I know I shouldn’t have done it etc… so I will accept whatever happens gratiously, but I want to minimise the damage, so I need some advice! (All words to the effect of what was said and written… can’t remember perfectly).

It happened last friday, on the Wendover bypass travelling towards Aylesbury. I came off the roundabout at the beginning of the bypass and immediately overtook a lorry, which is when the front wheel came up. I then overtook other traffic, before getting to the roundabout at the end of the bypass and realising I was being chased. (The bypass is a little over a mile long). I pulled straight over and the lone officer stopped and got out. It was a clear day, light traffic, and cold (my fingers were pretty numb). The bike is a brand new FZ1 which I bought last month, trading in my RSV Mille.

The officer stated ‘You will be reported for the offence of careless riding’ (If I understand correctly this is a verbal NIP). He cautioned me and then interviewed me, showing me footage of me overtaking cars down the bypass, but no footage of the wheelie. He asked two questions:

  1. Please explain what just happened on the bypass.

The bike is brand new, I’m going to a friends house, I came off the roundabout and excelerated hard to overtake the lorry then made progress past other traffic along the bypass, until I saw you and pulled over immediately.

  1. Please explain the wheelie.

As I said the bike is new, my hands were cold, I know that sort of behaviour is unacceptable.

He then gave me a ‘Safer Rider red card’ which is a training program and explained that I would probably be given the choice of the training or going to court, but then I might not. He wrote ‘careless riding’ on the back of the red card.

I could take the training, but if they want me to go to court I’m obviously worried about the fine and points I might get… so anyone got any advice about how I handle the situation???

Also, if I’ve been reported for ‘careless riding’ is this an acceptable ‘offence’? I can find no reference to it anywhere. (Careless Driving is an offence, but if the officer has incorrectly reported me will the CPS still accept his evidence?)

If an NIP in writing doesn’t appear, would the CPS still be able to prosecute using the officers verbal NIP? And again if his verbal NIP (written as part of his interview as ‘careless riding’) is incorrect or relates to a different offence than that on a summons can the CPS still proceed?

I’d also like to know if writing to the CPS prior to recieving anything (obviously not admiting anything more than I have already) pointing out some points I’d like them to consider from their own code would influence them at all.

Sorry for the extra long and protracted post, but sitting worriedly waiting!!

2

You’ve got a get-out-of-jail card. Take it and don’t think twice about it. Is this Herts Police? I seem to remember them employing this system involving the cards. The Police are more interested in lowering KSI (killed or seriously injured) numbers, it’s the Government who are only interested in making money out of fines and the like, so it’s quite likely you will be offered the training day if the Police get their way. I don’t know who makes those decisions but have seen it a number of times before; people being given the training days as an alternative to prosecution.

Was the car marked?

3

Jay, unmarked Vectra (went like stink too…). This was Thames Valley. He was hidden in a small turning off the first roundabout. If I just get training then fair enough… no points, no fine - happy! If not, the wife is going to fry my balls and serve them up for tea!:crazy:

4

Take the training!

5

You didn’t mention if the officer was in uniform or not ?

I’d imagine you get the option to take training etc - if you do … take that!

6

Take the training - it’ll probably be good fun too. :wink:

7

the front wheel just came up! your hands were cold! New bike!and you reckon they haven’t heard all of them excuses before?

Sorry mate, unless you were in 1st (which i doubt going over a roundabout) i don’t reckon the FZ1 would lift off the power in 2nd unless off of a crest! If you can take the training then do so, if it’s similar to the training i got when i was caught speeding then it will be actually quite informative!

8

nothing to worry about - lucky escape, take the training, & yes that was TVP.

take it easy in future.
unmarked are usually in the places you least expect them.

:slight_smile:

9

I think this shows the value of conventional policing over the reliance on speed cameras etc. The Old Bill are right to apprehend you for this and I think they should prosecute. Either your bike was out of control (fingers cold, new bike etc.) or you were in control and pulling an aggresive stunt that could (if it goes wrong - new bike, cold fingers etc.) kill or injur another road user. Three points and a fine together with whatever your wife dishes out will be much more likey to change your behaviour than another training course. It might save lives too.

I know that you are contrite and accept that it is wrong but I have no sympathy - this is the kind of thing that gives bikers a bad name and gives other road users and politicians the excuse to treat us like dangerous animals.

10

Maybe a little bit harsh ?
After all, show me a biker that has never broken any road traffic law and I’ll show you a pink elephant. Agree with some of your sentiment though, time and a place for everything, those idiots that don’t think about this have directly caused the Chelsea Bridge meet to close and certainly contributed to us not being allowed to park up in Frith Street.Mech has done the decent thing, done something a bit daft and completely facing his consequences.
Fingers crossed for him that it’s just a training day.

11

have to say the best wheelie i’ve ever done (and not been able to repeat i might add) was accidental. slowed down for a speed hump thing in st james park, went over it then cracked the throttle open. not sure if i was sat back more than usual, or it was the extra berries but the front came up beautifully and i set it back down again. you’ve seen how p*ss poor my efforts are normally! why do you doubt he’d be in 1st geez? if the fz1 is geared anything like the r1 i spend half my time in 1st gear

at the risk of being offensive, given you passed your DAS this year, ride a low power bike and started biking at the age of 50+, i’m not sure that you really know much enough about biking yet to be jumping on the soap box about riding behaviour. will be interesting to see what happens when you screw up for the first time (which you will, we all do at some point) and what responses you get.

12

Got to take the training,I took a speed awareness course in Essex,still cost me £60 but no points.Also no problems with his wording,he’s told you that you might be prosecuted for careless driving thereby getting round the 14 day rule for a NIP.Good luck

13

At least you made a effort :wink: did you get the middle finger up too! take the training a run avoid the court stuff you could get a ban.

14

So was it a good minger then…

Should have asked him how it looked :smiley:

15

I’d be more worried about the wife frying your balls :smiley:

So let me get this straight - you popped a wheelie whilst overtaking traffic? And it wasn’t accidental? If that’s right then you are a prat. Harsh - whatever! How many bikers die every year because of cage drivers and you are intentionally putting yourself and others at risk… you are lucky to be offered the red card. Take it and think long and hard about what your life means to you and those who love you. Isn’t that a known accident blackspot too?

If it was a genuine mistake, then fair enough. What did the DAS trainer tell you? The cold, lack of food/drink and tiredness affect your riding - you should take regular breaks and get better gloves. I’ve over taken traffic on roads like those and they don’t check the mirrors, and continental lorry drivers have huge blind spots - one wheel up = no control. YOU ARE LUCKY TO BE ALIVE.

Lecture over. :angry:

16

Fair comment and one I notice that all of our resident blue light brigade are voicing which I think only strengthens the need for more coppers and less cameras.

Now where did you get you pink elephant from and how much do they cost;)

17

one wheel up does not equal no control, it equals limited steering, and no braking. if there is oncoming traffic, then its dangerous, if not and its just come up under power and set down again (accidental or otherwise) then its just a wheelie, which isn’t seen favourably by the plod under machine control and considerate driving. chill the f out.

18

I am not offended - I am just puzzled that you think my age or the power of my bike (600cc) affects the vaildity of my views. Sure I passed my DAS this year but I passed my driving test in 1971 and so have 36 years of road experience. It is enough to recognise bad driving and riding. I simply do not see why some LBers go all sypathetic when a biker does idiotic things. Being killed by another biker is just as final as when its done by a car.

19

the reason i brought those factors into it is that your age is likely to affect your attitude to risk, especially as you have just started out on a motorcycle. again no offence, but you may not end up having great bike control. i do know of guys who’ve even started racing in their 50s, but they are the minority. i’m afraid that your driving licence has very little to do with motorbikes, other than you’re familiar with the road network. a detuned 600 will not lift easily on the power. a litre bike canlike i say, i’ve actually done an accidental wheelie myself, and also had the rear tyre slide sideways on an overtake as there was debris on the section between the lanes. neither were intentional, but had they been seen by the police, both should apparently mean i should receive points or lose my licence. he’s not asked for sympathy and dont see where he’s got it. fortunately in between the the ‘burn him posts’ people have actually given some useful responses. p*ss taking is fine tho:D

20

yea i second that i normally go round in 1st majority of time bikes capable of doin fast enuff speeds for town riding and i too also done my best wheelie accidentally :stuck_out_tongue: