Cyclist brings first private prosecution for dangerous driving

[NorthernDave]

The really disgusting fact to emerge is that the idiot driver is a driving instructor.

In my experience, driving instructors are some of the worst drivers around - some of the worst close passes I've suffered have been from "school of motoring" vehicles, which is pretty unforgivable given they are meant to be preparing their students for life on the road.

 

[Shut Up Legs]

In my experience, driving instructors are some of the worst drivers around - some of the worst close passes I've suffered have been from "school of motoring" vehicles, which is pretty unforgivable given they are meant to be preparing their students for life on the road.

They are preparing their students for life on the road, which is a daily round of doing dangerous driving and getting away with it.

 

[jefmcg]

The really disgusting fact to emerge is that the idiot driver is a driving instructor.

Also that's the first time I have heard of heart rate monitor info being used as evidence. His big jump in heart rate immediately after the close pass proves he was alarmed.

HRM and cadence (or power meter) "heart rate rose suddenly, even though his work rate slowed"

I wonder how many times the "quantified life" has shown up in court?

 

[Apollonius]

This could be really important. Police and courts generally go with the received wisdom that Car is King and Might is Right. If a court is obliged to look at it logically and without those prejudices, then we could see a real shift in the way the law is applied. OK, I am an optimist, but this could just work.

 

[jefmcg]

That could open the flood gates if he wins. I hope the driver gets costs against him because this would not have been a cheap prosecution to undertake.

Does anyone know if you can be ordered to pay costs in a criminal prosecution? I'd guess not, but if you can, then "wow". Martin Porter is a QC, and apparently (thanks google) they come at something over £1000/hour. Can you imagine losing your license and your career and having to hand the guy who did it to you enough money to buy a flat?

 

[derrick]

Nothing will change unless the likes of Boris or Jeremy get knocked of there bikes or worse. Then you may see a change but don't hold your breath.

 

[jefmcg]

Nothing will change unless the likes of Boris or Jeremy get knocked of there bikes or worse. Then you may see a change but don't hold your breath.

yeah, not boris. He was one of the cyclists here.

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That would make me devote my life to cycle safety. Not boris.

 

[jefmcg]

Yes, I think that in bringing the prosecution privately, Martin Porter is vulnerable to paying costs in the event of an aquital.

That seems reasonable. But in a conviction?

 

[Andrew_P]

..and all the usual cretinus anti-cycling comments being left.

Worse still we share the roads with people thinking like this, I avoid reading them these days far too depressing.

 

[fossyant]

All because the police will not do there job properly. Am still waiting to here back from the police complaints officers, After my wife was knocked of her bike on a roundabout, the police refused to prosecute her even though the car was unfit to be on the road. Unbelievable.
Lets just hope he gets a result.

Same here - Leigh Day are still on the back of GMP for me. I won't let it drop.

 

[ufkacbln]

HRM and cadence (or power meter) "heart rate rose suddenly, even though his work rate slowed"

I wonder how many times the "quantified life" has shown up in court?

OT, but an answer to the above

In the US there have been a couple of cases

One was where the record from a fitness monitor was used to prove that an accident victim was affected by an accident and unable to achieve the same fitness level as before the accident

In another case an alleged assault was "disproved" and one of the key elements was that at the time of the assault the victim was shown to be walking normally and a normal heart rate at the time of the assault

It is only a matter of time before these are used more

 

[Origamist]

I see that the case is being heard in a Crown Court - it means stiffer custodial sentences are available to the judge, if the driver is found guilty. Not that I think a prison term is likely...

Clearly, by opting for the more serious charge of Dangerous Driving, Martin Porter and his team will have a tougher job, but I did rub Buddha's belly this afternoon, so I hoping for a guilty verdict.

If the driver is acquitted, Porter will have further evidence that the current legislation is not capable of providing redress for cyclists who are endangered by idiots behind the wheel. That said, the fact that the CPS would not prosecute in the first place, is evidence enough of the limitations of the legislation.

 

[PK99]

I am a bit confused by him being accused of pursuing a personal vendetta - surely every private prosecution is exactly that. What matters is that Martin Porter has the skills to do it, whilst the rest of us do not. Good on him I say.

A key professional interest and business of his is cycling cases:

http://www.2tg.co.uk/ImageLibrary/Martin Porter - Cycling Weekly.pdf

http://www.2tg.co.uk/barristers/profile/martin-porter-qc

 

[400bhp]

A key professional interest and business of his is cycling cases:

http://www.2tg.co.uk/ImageLibrary/Martin Porter - Cycling Weekly.pdf

http://www.2tg.co.uk/barristers/profile/martin-porter-qc

What's your point?

 

[PK99]

What's your point?

@Milkfloat said he was confused by the suggestion of personal vendetta. I was helping mf see where that suggestion came from.