prosecuted for driving with no lights

[geko]

My son is being prosecuted for careless driving. He was in a collision on his motorbike with a people carrier that was turning right into a side road across his right of way. It was dusk and the driver is claiming he had no lights. It was brightly lit street and my sons bike has automatic on headlights. Our solicitor holds out little hope of us winning but most people (incl insurance co) think he will be found not guilty. Does anyone have any experience of this charge or opinion, do you think we need a different solicitor ?

[tamborine]

Was this head on or was you son behind the p.carrier?

[oldmaggie]

Are you telling us that your son was coming from one direction and the car from the other direction and the driver turned right across your sons carriageway? I find it hard to believe that your son is being prosecuted if this is the case.
Has your sons motorbike been examined to prove the lights were illuminated, and of course the question of how fast was he going? Does he have any witnesses? If you are not happy with his solicitor try and get one who is experienced in magistrates trials, believe me it can make a difference.

[fredpuli47]

Does your son have evidence that the lights on his bike come on automatically? The handbook for the bike or an ad or specification ( printed from online if necessary) from the makers would help or a statement from someone from the agents who sell that make or a bike mechanic to show that that model of that year's manufacture has 'automatic headlights'.(Even if the lights were meant to come on automatically but had failed, your son could hardly be at fault if he wasn't aware of the failure)

What was the 'lighting up' time in that place, the time after which it is required that vehicles have their lights on( this is later than the sunset time shown in diaries etc). Was this incident before the lighting up time? The street lights might well come on before that time.There should also be evidence that these were on at the time, whatever time this was.

It's a well known fact that drivers carelessly don't see bikes, even in broad daylight . There's a burden in them to be extra vigilant, hence the government campaign " Think once, think twice, think bike!" That maybe worth a mention . See if you can get a copy of one of the ads.

As it stands, the solicitor is being very pessimistic.That might simply be his/her professional manner, because lawyers don't like to say 'you'll win this' ,but if he/she really does think it's a no hoper OR you or your son don't have confidence in this lawyer, change solicitor.You need one who is experienced in magistrates' courts advocacy (as said).Some aren't.

[JimmyCooper]

Any bike rider with half a brain knows that you should ALWAYS have your headlights on as anything that makes you more visible is a good thing.

[DrFilth]

jimmy , policeman on his bike florescent high vis jacket, dayglo paintwork , light on , car pulled out . ( sorry i did not see you ) as people help policeman off the road.
any car driver with a brain cell would have looked and seen him.
there again do you need a brain cell to drive a car ?
when that car driver runs over some kid will you say that the child should have been carrying a light .


lets hope it is not one of your family that is lying on the ground



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[DrFilth]

geko hope your son is ok why not have a chat with a solicitor who rides a bike

biker legal line 08000 856 243
bmf , the uk's largest rider's rights organisation
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>.

http://www.bikeclaims.org.uk/

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
McAMS motorcycle accident managment services
08000 858 911

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>


there are plenty to choose from

GOOD LUCK

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[JimmyCooper]

Dr Filth

Arent you a bore

[DrFilth]

are you the d1ck that knocked the policeman off his bike

get a life

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[DrFilth]

here jimmy try a course before you knock someone down

http://www.approved-driving-instructor-trainin g.co.uk/advanced-courses.php


one quarter of all crashes are due to drivers cutting across another's priority
one sixth of all crashes are as a result of losing directional control

Alarmingly, drivers tend to have repeat collisions:



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[geko]

thanks for all your replies, my son and the car were going in opposite directions, the street was very brightly lit at the point of collision as there is a car park there which has extra illumination. he wasn't speeding and the driver confirms this, she had a passenger who saw my son and shouted a warning but too late. our solicitor told us yesterday he's employing a barrister so hopefully he'll be better/more positive, unfortunately we only get to meet him 2 days before the trial so if we're not happy it's probably going to be too late to change. the reason why this isn't so cut n dried is that on the night the woman told my son he had no lights and he said 'oh didn't i' sorry' and this was taken as known culpability by the police although he didn't notify him of his prosecution then or later when he took a statement. this all happened in sept and the summons arrived on xmas eve totally out of the blue. as far as his confession on the night he was obviously injured, shocked and confused and i think anytghing he said on the night shouldn't count but the solicitor tells us this is the damning piece of evidence. The woman is now also caliming for whiplash and ptsd ! i think this shows what the reason for this is - she wants a hefty insurance pay out.