Over Easter we decided to arrange a group ride out to the coast. About 10 or so lads and lasses rocked up and off we went. It was somewhat of a ‘spirited’ ride and unfortunately one of the newer members wandered wide on a corner whilst overtaking one of the others and had a head-on with a Mini (thankfully a ‘new’ shape/size Mini).

Somehow, he ‘super-manned’ over the Mini and landed in a muddy field, only bruising his ego. However, the bike and Mini were a write-off and the Old Bill duly turned up. Unbeknownst to me, a couple of the young guys had GoPro cameras on their bikes and voluntarily gave plod the SIM cards. Idiots! And therein lies the problem.

Whilst I wasn’t involved in the accident (I was about two minutes behind), the video shows me overtaking on double solid white lines earlier in the trip. (It wasn’t my fault; I had already committed to the overtake as I followed my two mates in front). The Old Bill have reviewed the whole video and I’ve now been summoned to Court for driving without due care and attention.

My view is this is manifestly unfair as I wasn’t involved in the accident with the Mini. I’m thinking of defending it. According to some people on social media, the video is not even legal evidence. Do you reckon I have a defence?

Answer

Not being involved in the accident is irrelevant. Without wanting to preach, you didn’t have to overtake with your two mates, and you should have planned your riding better.

Whoever on social media is saying the video is ‘not legal evidence’ is talking absolute cobblers. The Police obtained the evidence legally, i.e. someone gave it to them, and it is admissible in court.

Turning to the offence itself, overtaking on double solid white lines is usually textbook dangerous driving and attracts a 12-month ban at the least. Driving without due care and attention is a lesser offence so if I were you, I would plead guilty and take the punishment before the Crown Prosecution Service get the opportunity to review and potentially apply to change the charge to dangerous driving.

If you plead guilty or are found guilty of driving without due care and attention, you’re looking at a punishment of between three and nine points and a fine.

Andrew Prendergast

More Bikes August 2023