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reported a dangerous driver – now charged with dangerous cycling. Help please

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  • March 15, 2015 at 9:52 am #23509
    smileydave

    I need some help and advice.

    i was cut up by a taxi, so shouted at him to give me some room.
    as I came along his inside, he engaged me in conversation. I held onto his window frame to balance (clippy pedals), while we discussed highway code rule 163. He drove off without warning. I was in the impossible position of holding onto a (now) moving vehicle, knowing that if I let go I would definitely fall over, so I held on in the hope i could stabilise my self and come off safely – needless to say i didn’t, since he continued to accelerate. He refused to give his details

    I reported the driver to the police and have this week received a summons, charging me with dangerous driving.

    Needless to say i am furious. I’ve been stitched up by the system – they only have my details because I reported the taxi driver myself.

    an initial consultation with a solicitor is going to cost me £300, and possibly up to £2000 in defence costs. I’ve discussed the case with a JP, who thinks it should ever have come to court. but since it has, I’m forced to act.
    the best financial solution, sadly is to take my lumps and plead guilty.

    I’m wating to find out if my initial statement was ever received by the case manager – I can’t believe that if they’d read both sides of the story they would have prosecuted me

    I cannot believe that it was in teh public interest to prosecute me, the victim.

    I think that this case will discourage cyclists from reporting dangerous driving, and if anything will encourage them to take the law into their own hands. If i’d scratched him and fucked off, I’d have got off scot free and had my revenge.

    thoughts help and advice please kind people of road.cc

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Viewing 15 replies - 31 through 45 (of 53 total)
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  • March 16, 2015 at 6:43 am #837119
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    smileydave

    man comes onto the internet
    man comes onto the internet for help. Gets precious little.
    Smug twats who’ve had a bad day with the motherinlaw and have started drinking early come on the internet to abuse strangers and succeed. Well done internet you must be so proud.

    March 16, 2015 at 6:42 am #837117
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    smileydave

    i dind’t escalate it -the
    i dind’t escalate it -the taxi driver escalated it.
    i don’t know where you’ve got the idea i was aggressive from?

    March 16, 2015 at 6:40 am #837115
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    smileydave

    ain’t that the truth
    ain’t that the truth

    March 16, 2015 at 6:40 am #837113
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    smileydave

    section 28 actually. thanks
    section 28 actually. thanks for oyur input

    March 16, 2015 at 6:39 am #837111
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    smileydave

    you obviously had a bad day
    you obviously had a bad day with your mother yesterday and started drinking early.
    If i’d asked for criticism form a sanctimonious prick, I’d have asked for it in the title. instead I asked for help, of which you have contributed precisely nothing apart from keeping the discussion near the top of the board.
    when i asked you what you would have done in exactly the same situation. i meant if youhad found yourself getting dragged along hte road by a taxi driver. i’ sorry that that wasn’t obvious enough for you to realise that I didnt want oyu to bang on your own soapbox about your own pet hates.

    it seems to me taht you don’t do much utility cycling, otherwise you’d have come across these issues yourself.

    March 16, 2015 at 4:47 am #837109
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    Stumps

    You must have been
    You must have been interviewed and admitted your part in this, correct ?

    Otherwise where did the info come from for the Police to make the decision to report you for the offence ?

    You have to be cautioned and reported for the offence, did this not make you think about what was happening ?

    March 15, 2015 at 10:58 pm #837107
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    bashthebox

    There may well be blame on
    There may well be blame on both sides, but it does seem vindictive of the police to charge you.
    Don’t think there’s many cyclists who haven’t got in a shouting match with some c-unit on the road before. Near death experiences will do that to you.

    March 15, 2015 at 6:52 pm #837105
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    FullGas

    You shouldn’t do anything
    You shouldn’t do anything before talking to a lawyer. Specially if it is IANAL advice from the Internet (sorry guys, it’s the truth).

    March 15, 2015 at 6:51 pm #837103
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    Iamnot Wiggins

    Man comes on to the internet
    Man comes on to the internet for sympathy. Said man is shot down for being in the wrong. Internet wins. Again.

    March 15, 2015 at 4:32 pm #837101
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    DrSport

    It was a simple cutup and you
    It was a simple cutup and you escalated it to a ridiculous level. In the law’s eyes, it isn’t in the public interest to let an unremorseful, aggressive car grabber go his merry way. Be remorseful and you may get a lighter judgement.

    March 15, 2015 at 3:25 pm #837099
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    giff77

    Personally I think that you
    Personally I think that you should bite the bullet and plead guilty, explain the circumstances, be incredibly contrite and hope for a judge with common sense. Otherwise it could go tits up. As others have said. You should have put your foot doŵn. Personally I ŵould have dropped back after yelling as that would have made it less likely for the confrontation. But then hindsight is 100% perfect. When you gave your statement did you state both were stationary before he moved off? The constable gives you the opportunity to review and point out any thing missed in translation before you sign it. As for being cut up by the taxi driver. It makes little odds if you were a cyclist or not. These buggers treat ALL road users with total contempt. The other day I watched one blaring his horn, Erving his engine and yelling abuse because the driver in front wasn’t clearing a busy junction quickly enough due to one of the lanes being obscured.

    If you do set up a crowd source for a defence fund I’m more than happy to chuck a few quid your way.

    March 15, 2015 at 3:12 pm #837097
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    mike the bike

    There, but for the grace of
    There, but for the grace of God, go most of us.

    March 15, 2015 at 3:04 pm #837095
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    BigglesMeister

    Andy Rob wrote:Highway Code

    Andy Rob wrote:
    Highway Code isn’t law. There is no charge “Breaking rule 68” Nobody has ever been charged in Court with breach of the Highway code.

    The bits that say “MUST” and “MUST NOT” are law “SHOULD” and “SHOULD NOT” are recommendations. The relevant bit of RTA legislation is given at the end of MUST rules, for example Rule 68 states ..

    You MUST NOT

    carry a passenger unless your cycle has been built or adapted to carry one
    hold onto a moving vehicle or trailer
    ride in a dangerous, careless or inconsiderate manner
    ride when under the influence of drink or drugs, including medicine.
    Law RTA 1988 sects 24, 26, 28, 29 & 30 as amended by RTA 1991

    https://www.gov.uk/rules-for-cyclists-59-to-82

    He’s been charged under section 26 of the 1988 RTA not the highway code.

    March 15, 2015 at 1:49 pm #837093
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    Andy Rob

    Highway Code isn’t law. There
    Highway Code isn’t law. There is no charge “Breaking rule 68” Nobody has ever been charged in Court with breach of the Highway code.

    March 15, 2015 at 12:01 pm #837091
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    robert.brady

    smileydave wrote:i was

    smileydave wrote:
    i was holding on to a stationary taxi . he drove off knowing i was holding on – tha’s dangerous driving.

    You should have put a foot down instead of holding on to the car.

    i wans’t holding on to a moving vehicle by choice. if you were in exactly the same situation, what would you have done?

    I’d have put a foot down.

    if i had been a motorist, he wounld’t have cut me up, because i was in the middle of the road. i wa only cut up because i was a cyclist.

    This is what I mean by some cyclists seeing themselves as victims.

    he argued with me – I didn’t want to get in an argument with him – if it was down to me I’d have sworn at him and fucked off.

    So why didn’t you ride off? You stopped and held onto his car.

    I could ahve been killed because of a dangerous taxi driver, and you think I”m painting myself as a victim? you need to take a long hard look at yourself.
    I”m fed up with near misses on a daily basis.

    You could have been killed because you stopped and held onto his car. You could have carried on you way and forgotten about it. There’s no point being righteous and dead.

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