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Off to court…….any tips?

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  • December 24, 2017 at 2:24 pm #27947
    Pastmybest

    Hi all – tired old rider / first time poster.

    Back in the spring I was a few miles from home after about 75 miles in the saddle when a friendly guy in a large 4×4 thought it’d be HILARIOUS to miss me by about 6 inches while driving at warp speed on an otherwise completely empty road. Like a tw&t (albeit a fairly shaken up one)  I decided to let my middle finger do the talking and then next thing I knew he was out the car, rugby tackling me off the bike, and saying some stuff that, if I was more easily offended, would probably have wounded my inner child.

    Anyhow, him, me and the CPS are heading off to court next month so that three magistrates can decide what should happen to him. The charge is assualt, and luckily I have two independent witnesses, or I strongly suspect that this wouldn’t have raised much of an eyebrow with the police. I’ve fessed up to the ‘fingering’, so to speak Just wondering if anyone else has had any experience of this kind of thing, and can give me an idea of what to expect on the day?

    Cheers, and merry Christmas.

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  • December 24, 2017 at 5:13 pm #908261
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    CXR94Di2

    Your defence against the

    Your defence against the ‘Provoked’ hand gesture and or verbal response was ‘fight or flight’ response to being nearly hit and seriously injured or even killed. A totally natural reaction to such dangerous driving A massive adrenaline rush does happen that to normal people Wink! đŸ™‚

    December 24, 2017 at 4:14 pm #908259
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    Pastmybest

    Cheers – you’re 100% right,

    Cheers – you’re 100% right, in that it was stupid to react. However in a weird way the fact that this has now been escalated and will result in a court show-down hopefully means he’ll think twice next time he’s thinking of sh*tting up a cyclist to get his kicks. And it might just have saved the next guy or girl from a near miss / possible hit.

    December 24, 2017 at 4:07 pm #908257
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    pete1999

    Dear Pastbybest

    Dear Pastbybest

    Please let us know how you get on. I hope the magistrates give him a good stuffing as a late Xmas present.  You should be apologetic about your angry response.  But, you did nothing criminal, at worst it was “ill-advised”.  Stay focused on the fact that assault is a serious crime and the magistrates will not reward it regardless of the provocation.  Try watching Judge Judy.  Although her court is not criminal, it provides good lessons on what behaviour infuriates judges. Also remember that magistrates are not judges – they are ordinary people who live in the area who have taken training to sit in judgement on  minor offences. They have limited powers of punnishment. Perhaps they might rule the assault too serious for them to handle and refer it up to the Crown Court where a judge will preside.  Otherwise, hopefully one or more of them might be cyclists!!  If you have photos of injuries you might post them when the case is resolved??

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