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Live blog: Floyd Landis to open cycling-themed cannabis shops (+ great PSA from USADA), Neil Campbell sets new European cycling speed record + more

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Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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18 comments

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Butty | 5 years ago
2 likes

Looks like someone has had a bad case of the munchies

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brooksby | 5 years ago
0 likes

I wonder if Floyd’s Fine Cannabis delivers by hand, internationally, in a sealed jiffy bag? 

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RobD | 5 years ago
1 like

Maybe if more drivers saw civil action it would make them act more responsibly, especially if the chances of the decision going against you are a lot higher. I hope it sets a precedent, there's little argument against him driving the vehicle, and being involved in the accident, there were certainly more steps he could have taken to prevent the collision, whether he was guilty of the crime, he was certainly guilty of not doing enough to avoid a collision.

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jerome | 5 years ago
0 likes

I wonder why you keep posting those speed records. It has nothing to do with cycling nor sport.

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StraelGuy | 5 years ago
1 like

But how are horses supposed to dial the 0800 number? Their hooves are too big for the teeny buttons .

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davel | 5 years ago
0 likes

best ad ever 

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a1white | 5 years ago
5 likes

Anyone else getting some weird adverts appearing on this site lately, or is it just me?..

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simonmb replied to a1white | 5 years ago
0 likes

a1white wrote:

Anyone else getting some weird adverts appearing on this site lately, or is it just me?..

Isn't that Celine Dion?

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Carior | 5 years ago
5 likes

To add to the comments above - in addition to the standard of proof required it is worth bearing in mind that, for a civil case it will be a judge making a decision - as this is in London and one would assume a high value claim then this will likely to be a High Court Judge or one with similar standing and legal experience - therefore the person tasked with determining if the 50+1% standard has been met will not be a bunch of self righteous motorist incapable of thinking beynd "well it was a dumb cyclist and could have happened to anyone so not negligent/dangerous etc" but instead a highly qualified specialist - now admittedly the "dumb cyclist" view may still be ingrained in that individuals psyche but these are individuals who's job is to separate a personal opinion from a legal fact - and such finding of fact can be appealed to the Court of Appeal (i.e. even more specialist and experienced).

As can be seen from the OJ case in the use, it is very possible to be guilty "on the balance of probabilities" but not "beyond reasonable doubt" its a 50% vs 95% type of equation.

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ktache | 5 years ago
6 likes

Gail Purcell killed Mick Mason, killer driver Helen Measures killed Denisa Perinova and Vincent Doyle killed Janina Gehlau.  The vehicle of which they were operating killed the cyclist.  The courts may not have convicted them of causing death by dangerous/careless driving, but the cyclist was killed by the vehicle they were operating.  For me if anything you are doing results in someones death then that must be dangerous, but that's the law.  

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PRSboy | 5 years ago
0 likes

Is there any point in pursuing a civil action if a jury has already acquitted someone?  Rightly or wrongly, they have been found not guilty and unless there is any new evidence then surely that is the end of it from a legal perspective?

On a lighter note, all sorts goes on with KOMs... drafting, etc.  Lets be honest you are unlikely to take a KOM in a headwind.  Fair game I say.

 

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FlyingPenguin replied to PRSboy | 5 years ago
5 likes

PRSboy wrote:

Is there any point in pursuing a civil action if a jury has already acquitted someone?  Rightly or wrongly, they have been found not guilty and unless there is any new evidence then surely that is the end of it from a legal perspective?

Yes there is, the standard for criminal prosecution is "beyond reasonable doubt", i.e. there is no other logical explanation can be derived from the facts except that the defendant committed the crime.

However, civil cases only require "balance of probablities", which basically means there is >50% chance that the defendent is responsible for the death, even though other logical explanations may be possible.  This is obviously substantially lower a burden to prove.

 

In effect, he could be forced to financially compensate them for any negligance in causing the death, even if the bar for a criminal conviction cannot be met.

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Simon_MacMichael replied to FlyingPenguin | 5 years ago
0 likes

FlyingPenguin wrote:

PRSboy wrote:

Is there any point in pursuing a civil action if a jury has already acquitted someone?  Rightly or wrongly, they have been found not guilty and unless there is any new evidence then surely that is the end of it from a legal perspective?

Yes there is, the standard for criminal prosecution is "beyond reasonable doubt", i.e. there is no other logical explanation can be derived from the facts except that the defendant committed the crime.

However, civil cases only require "balance of probablities", which basically means there is >50% chance that the defendent is responsible for the death, even though other logical explanations may be possible.  This is obviously substantially lower a burden to prove.

 

In effect, he could be forced to financially compensate them for any negligance in causing the death, even if the bar for a criminal conviction cannot be met.

A good explanation of the difference between criminal and civil cases, to which I would add one further distinction; in a civil case, the decision is made by aa judge, not a jury.

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Miller | 5 years ago
3 likes

If you're targeting a KoM on anything but the most obscure segment, yes you do have to give yourself the best chance of success. Around here there are some very strong riders so to avoid them hoovering up all the KoMs you have to be ruthless and sneaky. 

I wish that family success in their legal action.

 

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Christopher TR1 | 5 years ago
8 likes

I wholeheartedly agree with the family of the cyclist killed and I wish them success. The British justice system is a disgrace!

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Christopher TR1 | 5 years ago
4 likes

If I target a KOM, obviously I'm going to give myself the best chance of success. For a particularaly difficult segment this may include one or more of the following:

Removing unneccessary gear from my bike and person; checking Google street view for exact start and finish markers; making my attempt when there is less trafic about; waiting for favourable wind conditions!

Who goes out to get a KOM with a headwind?!

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Smultie | 5 years ago
6 likes

At least 80% of all KOM's are done if favourable weather of course.

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dodgy | 5 years ago
4 likes

When you go out in high wind with the express intention of capturing kotms, you're measuring the weather and wind, not your performance.

 

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