Guilty or Not Guilty

[Alex321]

In practice an assessment is made about the seriousness, the administrative burden and the likelihood of conviction. In that respect it is similar to being offered a police caution for some other offences - there is an admission of guilt but no onerous punishment. Of course the driver is free to argue the toss in court if he wishes to take the risk of losing. The whole process - for both sides - is like a game of poker.

Sorry, but apart from the seriousness, that is just false.

Almost all safety awareness courses are offered in lieu of prosecution - usually in place of a fixed penalty ticket. And unlike a police caution, if you decline the offer of the course, you WILL be prosecuted, in almost very case.

The seriousness is certainly a consideration. AIUI, you cannot be offered the course if the likely penalty would be more than 3 points./ But you are only normally offered it if conviction is almost certain. And the offer of the course comes with a Notice of Intended Prosecution.

 

[newfhouse]

Sorry, but apart from the seriousness, that is just false.

Almost all safety awareness courses are offered in lieu of prosecution - usually in place of a fixed penalty ticket. And unlike a police caution, if you decline the offer of the course, you WILL be prosecuted, in almost very case.

The seriousness is certainly a consideration. AIUI, you cannot be offered the course if the likely penalty would be more than 3 points./ But you are only normally offered it if conviction is almost certain. And the offer of the course comes with a Notice of Intended Prosecution.

I don’t think we’re too far apart.

We are both happy that perceived seriousness is a part of the decision process. Can we also agree that the whole point of fixed penalties and awareness courses is to attempt to modify behaviour without placing a burden on the courts system?

Maybe where we differ is regarding the likelihood of conviction if the case goes to trial being a factor. Obviously that’s not a consideration in cases of bus lane infringement or measured speeding since the evidence will usually be unequivocal. Situations such as the one we are discussing rely on a judgement being made by the person processing the initial evidence. They must assess not only the strength of the case but also second guess the likely outcome should it end up in court. Everyone works to a KPI whether formal or informal and the police are no different. The ratio of successful to unsuccessful prosecutions is one of those indicators. They can stack the odds a little by offering remedial courses, knowing that most (but not all) recipients of such an offer will accept even if they believe they did nothing wrong. That’s the poker game I mentioned.

 

[DRM]

What I don’t get is the driver of the Land Rover would have not lost any time by backing off, or even cocking a wheel up on the verge, it’s a flaming off roader, not likely to get stuck is it

 

[ebikeerwidnes]

The problem is people who seem to not realise that slowing down a fraction for a second or two makes naff all difference to their lives

They regard ever second as being critical so making them slow down is just not acceptable to them

Had the same attitude a few days ago - I was in my car and a bike was in front going round a right hand bend so I slowed down as I couldn;t see what was coming
The Audi SUV behind me went mad - flashing his light and all sort - then couldn;t pass me due to traffic calming stuff. WHen he could he shot past me at great speed - then made his point by staying on the right hand side of the road for over half a mile - then staying there round another corner to try to get past a couple of car ahead

By the time we reached some traffic lights about 6 miles further on he was turning right - I hope he noticed me pass him slowly as I pulled up to the lights in the left lane!!!
Gained nothing but could have killed people if a car had been in the wrong place
morons exist as we know!!!!

 

[Roseland triker]

I drive faster than that in my land rover.

Who cares as the cyclist needs to learn Ballance and the fact at some point in your life you will get run over cycling.
She should be prosecuted for foul language and rude hand gestures.

 

[Dogtrousers]

I drive faster than that in my land rover.

Who cares as the cyclist needs to learn Ballance and the fact at some point in your life you will get run over cycling.
She should be prosecuted for foul language and rude hand gestures.

Gosh

I'm outraged.

 

[Roseland triker]

Gosh

I'm outraged.

Why ? Don't like the truth?

 

[Mo1959]

I like to try and see things from both sides. There's no real reason the cyclists couldn't have pulled in either. Obviously a Landrover used for work, maybe by a farmer out checking stock who might have already given way to other cyclists with no thanks. If it was me, I would rather just pull over and let them get about their business. Not saying what the driver did was totally acceptable, but just trying to see it from their side.

 

[Ming the Merciless]

I drive faster than that in my land rover.

Who cares as the cyclist needs to learn Ballance and the fact at some point in your life you will get run over cycling.
She should be prosecuted for foul language and rude hand gestures.

0/10

 

[Deleted member 26715]

Is there no thought about prosecuting the first rider who actually caused the event which caused the rider to fall? If you take the LandRover out of the equation, the actual 'accident' was caused by

a) the front rider stopping
b) the second rider riding too close
c) having a clipped in moment

So although the pass by the LandRover was not nice & more consideration could have taken place

 

[Dogtrousers]

0/10

Oh come on, he did try. Must be worth a 2.

 

[mjr]

Oh come on, he did try. Must be worth a 2.

Looked like a number 2

 

[Roseland triker]

0/10

You obviously don't have to do any farm work around stupid cyclists.

 

[classic33]

You obviously don't have to do any farm work around stupid cyclists.

We're assuming the person was actually farming, not just flying round in a land rover for the sake of it.

 

[Deleted member 26715]

I've just googled that & got no results for a flying LandRover