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Anyone pleaded not guilty to Due care and won? VERDICT

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there is no point apealing it coss thay can end up giving you eaven more points. you shoud get leagle aid if your a student. sorry to hear about this but i hate to tell you i told you so..

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thanks but i said no i told you so comments...and oh look your the only one.... and no i cant get more points 9 is the maimum for this offence, but thanks for your concern

Edited by Pink_Diamond

Bloody hell, thats harsh :x

Deffo fight it girl :nod:

Wish you all the luck in the world with this one

How much do good solicitor`s charge?

How much do good solicitor`s charge?

A friend of mine had the "Celebrity One" and it was £3600 to come down for aan hour's consultation :oops:

Jeeeesus, thats a lot, especially when there are pretty good ones out there offering an hours free consultation :ninja:

Oh my dear feiend 13k i did wonder if you was going to make an appearance, you should be happy, because i do remeber u expressed your wishes for me to be prosecuted. Dave Yes i know in hindsight i should have done even more to try to see, but it wasnt as i said like i though f**k it and spun it round the corner 1 handed (i still push pull!! lol) and when i gave my statemnt i said i know it sounds like a stupid crappy excuses, but even the copper agreed she could see my point with the sun. I don't think my insurance has checked the bike over, oh and believe me i know people who would stand up for me in court and tell them about his driving, lucky for me i get on well with the customers where i work (and no they wont lie for me, they dont like me that much). If i didnt truly believe I'm not totally to blame i wouldnt not be trying to persue this, for one his wasnt even wearing his helmet properly, and if he was paying attention why not honk his horn? slow down? and or serve onto the nearby grass?? and he said he attemtped to brake, if he did why did i get told that the impact was around 40mph (with my speed of 5!!!) i tell you the police around here are just blah, and btw he may have some serious injuries but funny it doesnt stop him han ging round the streets with his mates still?? The police photo, and the photo i posted were from 1 angle, i am going to bring in photos taken by my boyfriend at the scene from evey angle.

Ironic thing is I'm taking up a career in Law, maybe i could put this down as work experience

Oh also to note jon, his bike shouldnt have been modified decalred or not, becuase he is on a learner licence, he is only allowed to do 30max as a rule, but people have seen him going faster ( but pub gossip doesnt stand up in court without hard evidence, but then again his previous accidents?? hard evidence?? ask you cop friend please)

I'm not an idiot driver, people trust me with thier babaies in my car, my mates get annoyed that we are always late back from lunch coz i refuse to speed, infact I'm awlays late full stop even with a car, I'm earlier on a bloody bus, and I'm the person who gets on peoples tits at roundabouts becuase i dont go till its completely clear when the guy behind me is thinking omg you get a bus through there.

Lets clear some things up here...

As long as you run a 50cc moped when you are 16 with the legal "L" plates - it does not have to be "restricted"

Second - you are not "restricted" to 30mph and under - you ride as fast as the bike will go when the speed limit allows and within the speed limit if the bike will go faster than the limit!

Some 50cc bikes (mainly peugeot ones) go 40+ and are very quick bikes...

Unfortunately due to the circumstances - you were in the wrong - provided he can prove his speed...which he can't...

I would say admit nothing and see what happens in your situation - worst case is they say it was your fault and you were driving without due care - however stating the simple facts mentioned above - like impact damage and brake marks on the road and the loaction - the rider should have been in a position where by if a chiled had run out (like you manoevred your car) he should be able to stop for the child....

So - stop thinkin - oh fuck I'm in the shit - clearly your not - just dont admit fault!

not sure if anyone already said this but 16 year olds are restricted to 30mph to go faster they have to deres the moped (usually in the exhaust) thus making it illigal and insurance nul and void.

his statement said his bike canty go any faster than 35....but he was doing 30 or less big shocker.

Craig i am well fighting it. I poke to a solicitor who specialises in motor and he wants £250 an hour, thats like my weeks wage lol. I have till Wednesday to start appealing so I'm just trying begging and borrwing atm

daveg40 is wrong.. mopeds with a learner HAVE to be restricted to 31 mph hence the term learner legal... it dont matter how quick they go... there insurance should be void if this can be proved.. then he's fucked and not you. good luck

Mate fight it, this country and its judicial system drives me crazy,

Simon

There was a guy last year who ran somebody over and killed them. He got 6 points and a £250 fine or something

ridiculous. Justice! Errr....no.

Met with a solicitor tonight....wheels are in motion, i have abn excellent case and it is going to the crown court on appeal.

Needless to say the solicitor was appalledand shocked at the sentence. The way i was treated in court was wrong, and even though i pleaded guilty i sent a letter saying it wasnt a willing plea so therefore they shouldnt have accepted the plea and they should have ajourned the whole hearing!!! He say is was a totally show up on the part of the judicial system!!

Got a good feeling about this, and i had my 1st re driving lesson today lol (still have my licence atm but I'm starting early) and was told if worst comes to wrost should pass straight away anyway.

My situation was having no insurance after a 3 car crash i was involved in.

I DIDNT KNOW I DIDNT HAVE INSURANCE, before u all winge at me!

There was an error on the direct line internet page, dad put in all his details and off i went.

Then crashed, had to produce my documents and went to claim and they said i didnt have insurance.

Went to court, represented myself infront of 3 magistrates and was found not guilty.

Had the page print out for my evidence. Needless to say, il wait for my cover note in future.

Do what u feel is right mate!

Met with a solicitor tonight....wheels are in motion, i have abn excellent case and it is going to the crown court on appeal.

Needless to say the solicitor was appalledand shocked at the sentence. The way i was treated in court was wrong, and even though i pleaded guilty i sent a letter saying it wasnt a willing plea so therefore they shouldnt have accepted the plea and they should have ajourned the whole hearing!!! He say is was a totally show up on the part of the judicial system!!

Got a good feeling about this, and i had my 1st re driving lesson today lol (still have my licence atm but I'm starting early) and was told if worst comes to wrost should pass straight away anyway.

Awesome 8-)

Hope all goes well :thumbsup::nod:

daveg40 is wrong.. mopeds with a learner HAVE to be restricted to 31 mph hence the term learner legal... it dont matter how quick they go... there insurance should be void if this can be proved.. then he's fucked and not you. good luck

That is crap - there is no law against restrictions on bikes for the CBT test - just that is HAS to be a 50cc max size engine @ 16 and 100cc max @ 17...

If it goes any faster than 30mph on a 50cc moped @ 16 then you are laughing as most don't have much more ooomph....

Insurance void for going faster than 31mph? Shit me - I'd hate to think how many problems they would cause on 40mph A roads....

IF however as mentioned his bike was modified - without declaring to the insurance the modifications then yes - this is illegal,

I stand by my word - until someone can post a link to this "law" on the government website or something to prove me wrong.

I say you have a good case - sounds to me like no-one actually looked at the evidence - it was skimmed due to your plea and thus the evidence has been overlooked.

Keep with it - something good should happen.

I'm pretty damn sure I've read that 16 year olds can ride a bike that has a "maximum design speed not exceeding 50 km/h". That's about 30 mph isn't it. Most 50s will hit 45 with a washer taken out the exhaust...

And it's 125cc and a maximum of 14.6 bhp for 17 year olds.

I'm pretty damn sure I've read that 16 year olds can ride a bike that has a "maximum design speed not exceeding 50 km/h". That's about 30 mph isn't it. Most 50s will hit 45 with a washer taken out the exhaust...

And it's 125cc and a maximum of 14.6 bhp for 17 year olds.

I am not sure on the 17 year old and CBT thing - all I remember is hitting 17 and buying my suzuki AH100 - flat out it was!

Maximum design speed - pah - and in km/h? I wanna see hard english law toby - not random rubbish!

I had a moped for my 16th birthday and you cannot de-restrict them. They are restricted for a reason. Once you turn 17 you can de-resrtict it. Problem is you can de-restrict a moped on your drive in about 3 places. Its easy. My mate got caught speeding before but he blagged it by saying its only a 50cc so I could have only been doing 30mph. Its deffo somehting to look into.

Good luck with the appeal mate.

Most of them have a restrictor in the exhaust or a restrictor between the carb and head. My mate's Piaggio? Just a bit of plastic that needed filing down in the airbox :lol:

Bloody solicitor sent me a letter this morning basically saying he got my hopes up for bugger all. And thinking about it i prob wont get a reduced sentence, just a huge bil!!! Grrr not what i wanted to read this morning especially as it took me 3 attempts with my hangover haha.

On the plus side i took the Mrs home this morning and he says my driving has improved from the time he refused ever to get in my car again lol So i may be able to grab a quick cancellation and get the licence back asap.

Oh well might just appeal anyway, i may get a judge who feels sorry for the poor 12 year old girl who cant drive haha

Edited by Pink_Diamond

  • 2 weeks later...

Best of luck with fighting that ruling - I've been following this to see how you came out, and only just read the result. Completely shocked by how you were treated, lots of positive thoughts from me for any appeal :)

Thanks. Its in the hands of my solicitor and barrister now (i went ahead with the appeal anyway). All i gotta do is turn up at court on my appeal date and hope somebody feels sorry for me. I should be hearing something soon about whats hapening, probably get a bloody huge bill too but its only money lol, just means i got without food lol.

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