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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78029
Experience:  Over 5 years in practice
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It's gonna take a little explaining. I have recieved a

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Hello, it's gonna take a little explaining. I have recieved a letter from the police asking for details of a motorcycle rider that went through the village over 2 weeks ago at 2.30pm with alleged offences; failing to report an accident, fail to stop and give name and address, driving without due care and attention. Where do I stand on this?
JA: Since laws vary from place to place, where is this? And when did this happen?
Customer: It is Hemingford Abbots, Huntingdon, Cambridgeshire
JA: Do you need to appear in court?
Customer: not as yet as they are just asking for details of the rider
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

who is the motorcycle rider?

Customer: replied 1 month ago.
This is what I'm saying? All the information they have given is that a motorcycle rider went through Hemingford Abbots at 2.30pm. no further details? Are they expecting me to incriminate myself?
Customer: replied 1 month ago.
It is an application for name and address, if they don't know who it is then how can they just ask me?
Customer: replied 1 month ago.
Hello?
Customer: replied 1 month ago.
I've been sat here for over half an hour with no responce....
Customer: replied 1 month ago.
163;5 well spent then....

I'm sorry I lost my connection.

Customer: replied 1 month ago.
That's no problem, can you see previous posts?

If this is a S172 request then the obligation is upon you to name the driver.

The pricniple against self incrimination does not apply to S172 requests.

Ultimately though, nobody can make you reply but if you don't they will charge you with failing to identify which carries 6 points. You might be lucky. Sometimes they do forget. But you need to understand the risk.

Customer: replied 1 month ago.
Okay I see, so I would be best to respond.

I suppose you have to decide what level of risk you want to take and whether you have a defence.

if this was a serious collision then the consequences of responding may be worse than not but then equally you would be committing an offence.

if it was not a serious collision then it might well all turn into a low level driving without due care.

Can I clarify anything for you?

Jo

Customer: replied 1 month ago.
Basically i went passed a horse on my motorcycle, did everything as normal and as I have done for 12years. Wide berth, make the vehicle as quite as possible and leave a good bit of time before returning to normal road position. One of the two horses spooked and through the rider off after i had passed them. I feel this is a lack of experience by the horse rider or an inexperienced horse.
Customer: replied 1 month ago.
I think it was minor injuries.
Customer: replied 1 month ago.
sorry not through, threw* (I need some coffee)

Did you travel past them slowly?

Customer: replied 1 month ago.
When I passed them i was doing between 10-14mph on the opposite (wrong side or the road) and at the very edge of the opposite side of the road. I put my bike into top gear and used only the clutch to propell myself, making the bike as quiet as possible. I have 12 years experience in doing this manuver.

WEll, if you have a defence then you should name yourself as the driver.

If they want to prosecute you will have a defence to the allegation.

Customer: replied 1 month ago.
Okay thank you, ***** ***** feel this is very unjustified and that I am going to be prosecuted on the premiss of witness statements. This situation is very biased towards the horse rider, being its a horse riding village and ' I'm the bad guy on a motorcycle ' (stereotypical sarcasm intened.)
Customer: replied 1 month ago.
I know you can't advise much more on this sitation and i do thank you for your input.

YOu may not be prosecuted of course.

But equally they may be lying so you may have to defend it.

Customer: replied 1 month ago.
Okay thank you so much Jo, sorry for impatient introduction!

No problem.

All the best.

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Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you and will do!
Best Regards
Chris Germany

Welcome.