Originally, I started off as a motorbike courier delivering parcels, but as the years have gone on, the world has changed, and the power of the internet and email basically killed off the bulk of that work. However, as one door closes, another opens, and I now spend my working days delivering food to people too lazy to walk to the shop! Haha.
A couple of weeks ago, the traffic was really heavy so I manoeuvred up on the curb, rode about 150 metres past all the traffic and turned left into the close where my customer’s house was. At that point, I heard the sirens and Mr Plod pulled up and went ballistic. He said my riding was “outrageous and disgusting”.
I was super polite and pleaded with him. In reply, he was just plain rude and now I have a court summons for driving without due care and attention. I accept I rode on the curb, but no one was there (apart from a couple of teenagers and they got out of the way giving me the “thumbs up”). Therefore, no one even came close to being hurt.
Also, the policeman was so obnoxious, and I want the court to know how rude he was. After all, I pay his wages with my taxes. I also think he violated my human rights. Can I defend this?
Also, I have nine penalty points on my licence. My wife is going to go bonkers. I am worried we may lose the house if I cannot work, leaving me, my wife and our kids on the street.
What should I do?
Answer
My advice is you have cocked up, made a mistake and therefore you should plead guilty as soon as possible to try and obtain the most lenient sentence possible. You rode on the path and that is illegal. You can’t change that. In fact, with the pedestrians on it, you could have been summoned for dangerous driving in my view, which carries with it at least a compulsory 12-month disqualification from driving.
You have got away lightly with a summons for driving without due care and attention. You should plead guilty and put forward mitigation. With nine points on your licence, the court’s starting point will be to disqualify you from driving for at least six months under the totting-up rules – i.e. where you have 12 or more points on your licence.
To avoid a “totting disqualification” you will need to persuade the court it would cause an “exceptional hardship” to disqualify you from riding. From what you said, you would lose your job if you cannot ride, and if you have no money coming in, your family could lose the house etc. and become homeless. That is likely to be viewed as “exceptional hardship”. To be clear, just being inconvenienced by a disqualification will not cut the mustard.
As for the policeman being “obnoxious”, I very much doubt he “violated [your] human rights”, so my advice is you can raise a formal complaint with the police if you really want to. However, I would suggest focusing your time, energy and resources on the upcoming court case. Raising the policeman’s conduct with the court will unlikely help and it certainly will not amount to a defence.
Andrew Prendergast
Motorcycle Sport & Leisure – July 2025