Cyclist hit and run

stator

It's about time we implemented electronic registration plates that change depending on who is driving.

They should have brought both potential drivers into court, put them under oath and asked them directly whether they were driving that vehicle or whether they knew who was driving that vehicle.

AlanCarter

stator wrote: »

It's about time we implemented electronic registration plates that change depending on who is driving.

They should have brought both potential drivers into court, put them under oath and asked them directly whether they were driving that vehicle or whether they knew who was driving that vehicle.

As any defendant has a right to silence, how would a court decide which one was driving and which one is failing to name the driver? Bearing in mind unless the male names the female as having the car at the time of the collision she is not legally obliged to answer as to who the driver was.

EdGasket

Just bang them all up if they won't talk.

[Deleted User]

I ve been on jury service and I will tell you how I would react to anyone claiming a right to silence , or no comment, or for that matter refusing to say who he d passed the car onto..guilty as charged , and so would the other eleven.
The Police have nt come out well from this botched up crime. If it had been a copper on that bike then every cctv camera in Nottingham would ve been scoured.
That car never even deviated from its line ! so driver was either on the phone ( mobile data could ve checked that ) or like many motorists, they have an inbuilt hatred to cyclists who ride about on carbon fibre 3k bikes dressed in "tour de france " uniform.
This vid is one of many I ve seen from idiot motorists in their war on the humble cyclist, and as usual the cyclist is injured or killed or comes off worse. More cyclists are killed on UK roads now than motor cyclists.

AlanCarter

sacsquacco wrote: »

I ve been on jury service and I will tell you how I would react to anyone claiming a right to silence , or no comment, or for that matter refusing to say who he d passed the car onto..guilty as charged , and so would the other eleven.
The Police have nt come out well from this botched up crime. If it had been a copper on that bike then every cctv camera in Nottingham would ve been scoured.
That car never even deviated from its line ! so driver was either on the phone ( mobile data could ve checked that ) or like many motorists, they have an inbuilt hatred to cyclists who ride about on carbon fibre 3k bikes dressed in "tour de france " uniform.
This vid is one of many I ve seen from idiot motorists in their war on the humble cyclist, and as usual the cyclist is injured or killed or comes off worse. More cyclists are killed on UK roads now than motor cyclists.

Really? And how would you influence their decision?

Not that it matters as a summary only offence is unlikely to see a Crown Court. Even if it did and the female was on trial no doubt the judge would direct you to give a not guilty verdict against her.

Johno100

sacsquacco wrote: »

That car never even deviated from its line ! so driver was either on the phone ( mobile data could ve checked that ) or like many motorists, they have an inbuilt hatred to cyclists who ride about on carbon fibre 3k bikes dressed in "tour de france " uniform.

This vid is one of many I ve seen from idiot motorists in their war on the humble cyclist, and as usual the cyclist is injured or killed or comes off worse.

Now your true agendas showing, another born again cyclist with a chip on their shoulder and a persecution complex.

sacsquacco wrote: »

More cyclists are killed on UK roads now than motor cyclists.

And let me guess you'd like to see more cyclists taking up the hobby and likely dying for the cause.

Semple

AlanCarter wrote: »

Even if it did and the female was on trial no doubt the judge would direct you to give a not guilty verdict against her.

Going slightly off-topic but I've never understood this. What is the point in having a jury if the Judge is going to order you to return a not-guilty verdict? Does our legal system require that the jurors must decide the verdict, which very much contradicts that policy if you must do as the judge says. Also what happens if the judge orders a non-guilty verdict, but the majority vote guilty, can the judge over-rule the jury - again making it pointless having a jury.

AlanCarter

Semple wrote: »

Going slightly off-topic but I've never understood this. What is the point in having a jury if the Judge is going to order you to return a not-guilty verdict? Does our legal system require that the jurors must decide the verdict, which very much contradicts that policy if you must do as the judge says. Also what happens if the judge orders a non-guilty verdict, but the majority vote guilty, can the judge over-rule the jury - again making it pointless having a jury.

Well in this case, as some would call for both possible drivers to be on trial, I'll use it as an example.

There is no evidence of who drove the car and therefore it cannot be established who drove it dangerously and failed to stop. Howeve the buck would stop with the male as he was legally the "keeper" at the time. He would therefore have failed to nominate the driver, but it cannot be established who was driving. So a not guilty would be the outcome for the DD and FTS.

If the female were jointly charged, for the fail to name the driver, as the male has been convicted, he committed the offence so she has no obligation to do so as there is noe evidence she was the "keeper". There is also no evidence of DD or FTS against her.

A judge is merely pointing out a point of law to the jury, same as a court clerk would do to lay magistrates.

neilmcl

sacsquacco wrote: »

More cyclists are killed on UK roads now than motor cyclists.

Do you have any real evidence for that, or are you just making things up?

The last official report I saw (eg, 2014, 2015 isn't out yet) saw motorcyclist fatalities 3 times more than pedal cyclists.

In 2014, car occupants accounted for 45 per cent of road deaths, pedestrians 25 per cent, motorcyclists 19 per cent and pedal cyclists 6 per cent.

IanP2015

sacsquacco wrote: »

More cyclists are killed on UK roads now than motor cyclists.

It's not even close..

As an average I believe the number of motorcyclists killed each year is around 600 (Although I did hear this is falling).

I think in 2014 there was 113 cyclists killed.