I’d been doing up my old KTM and headed out last month for a test ride around my village.
I think the local busy body has reported me as the Police have come looking for me. Between me and you I admit I was pulling wheelies.
However, it was in the car park of the local recreation ground, i.e., not on the main road. The Police now want to interview me, but as I was on private land I think I’ve got a defence and am going to tell them as much. What do you think?
The local recreation ground car park is a public place so you haven’t got a defence on that basis. Moving forward, pulling a wheelie is classic ‘dangerous driving’. If convicted it’s a minimum disqualification of 12 months and you could be locked up for a maximum of 24 months (but the latter is highly unlikely from what you’ve said).
Before you do anything, get some legal advice before doing the Police interview. Ideally you want to know the strength of the evidence against you before putting your hands up. If you can’t afford one, the state must provide you a duty solicitor if you ask for one. If the CPS can’t prove beyond a reasonable doubt that your riding fell ‘far below what was expected of a competent and careful rider’, you will be found not guilty. So knowing the evidence is going to be key in what you decide to do next, i.e., admit and try to mitigate or go not guilty and see if the CPS can prove the case against you.
Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.
Disclaimer: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us to speak directly with one of our lawyers.
About Motorcycle Monthly
The MCM legal column is compiled by managing partner Andrew 'Chef' Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.
The firm deals with personal injury claims and its sister company, Motor Defence Solicitors, deals with all the motoring offences.
White Dalton lawyers have a vast knowledge of bike law, and they have full bike licences, too. They don’t act for insurance companies or the prosecution.
White Dalton is Britain’s premier specialist motorcycle law practice, and if its professionals don’t know the answer to your question, there probably isn’t one. Don’t rely on the advice from your insurance appointed solicitor, get proper independent advice.