So you can be jailed for being a passenger

Discussion in 'UK Motorcycles' started by The Older Gentleman, Nov 21, 2008.

  1. The Older Gentleman

    Colin Irvine Guest

    To which he pleaded guilty.
    It could. I'd be worried if I were you.

    Thankfully I'm neither you nor worried.
     
    Colin Irvine, Nov 23, 2008
    #61
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  2. Istr he was racing, but he'd actually stopped doing so and had fallen
    back a considerable way. After that point, he wasn't responsible for the
    actions of the car driver, imo.
    True - I suspect it was a pragmatic decision on his part to plead
    guilty, if he was being advised to do so by a hack lawyer. A good brief
    could have pointed out the inconsistencies and incongruities to the
    court, I'm sure.

    If the car driver had survived, I'm fairly sure Knights would have got
    off much more lightly - sometimes it seems the courts are only out to
    exact their pound of flesh, regardless of real guilt.
     
    Grimly Curmudgeon, Nov 23, 2008
    #62
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  3. The Older Gentleman

    Adrian Guest

    I suspect this sentence is rather important...
    "A man, 18, and two women, aged 20 and 16, were questioned on suspicion
    of perverting the course of justice. "

    In other words, they know ONE of the fuckers was driving, but not who -
    yet - and everybody's lying through their teeth about it.
     
    Adrian, Nov 23, 2008
    #63
  4. The Older Gentleman

    Lady Nina Guest

    If that could be applied to 1988 and a fair chunk of 1989 I'd be all
    in favour.
     
    Lady Nina, Nov 23, 2008
    #64
  5. The Older Gentleman

    Beav Guest

    But that makes the assumption she WAS going to drive dangerously. Even stone
    cold sober, he probably isn't a mind reader. What he should've done was
    wrestle the wheel from her and lob it out of the window while pulling
    strongly on the handbrake.


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    Beav

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    Beav, Nov 23, 2008
    #65
  6. The Older Gentleman

    Beav Guest

    No. I'm saying they can't have it both ways. He can't be responsible for
    someone elses actions if he's not capable of making decisions and if he's
    too drunk to drive, he's too drunnk to make decisions, so his conviction for
    letting her drive is bollocks. Not that I gaf either way, but he was fucked
    no matter what he did (or didn't) do.
    I prefer the person who IS responsible (for whatever shit they caused) to
    carry the responsibility.

    If you got on a bus and decided the driver is driving dangerously, what
    would you do about it? Stop him driving and if so, how?


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    Beav

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    Beav, Nov 23, 2008
    #66
  7. The Older Gentleman

    Beav Guest

    More than likely not as the "Death by" is the serious one and the one the
    courts would focus on.

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    Beav

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    Beav, Nov 23, 2008
    #67
  8. The Older Gentleman

    Beav Guest

    So it's not a matter of breaking th law, but how FAR one breaks it?
    The courts aren't on the bus. Or in the car, so although they hand out
    penalties, I really don't think they're making the laws and one must break a
    law before one can be prosecuted for ... well, breaking the law.
    It's all the same argument, just the degrees have changed. As someone said
    (maybe you) thin end of wedges".
    I can point out that I got fined and had an endorsement stuck in my
    license - even before I HAD a fucking klicense - back in 1964 for "Aiding
    and abetting a "driver" to ride a motorcycle combination without "L" plates.
    (Sunbeam 500 outfit it was, being pushed because it wouldn't run after the
    camshaft had been installed 180 degrees out of plonker)


    --
    Beav

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    Beav, Nov 23, 2008
    #68
  9. The Older Gentleman

    Pete Fisher Guest

    Interesting logic. Someone who is drunk certainly shouldn't be making
    important decisions. Henri Paul springs immediately to mind. Slightly
    different relationship in this case, but as a thought experiment imagine
    that he hadn't driven the car himself that fateful might but given the
    keys to an equally compromised by alcohol driver in his employ and told
    him to drive.
    For a start, I wouldn't have personally given the driver the keys to a
    bus I owned and asked him to drive would I ?

    Call the bus operator and the police (if I had a mobile phone with me)
    and get off at the next stop, whilst advising all other passengers to
    follow my example. Almost certainly ineffective, but it might just
    reduce the potential casualty numbers.



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    Pete Fisher, Nov 23, 2008
    #69
  10. The Older Gentleman

    Pete Fisher Guest

    The courts decide on the basis of the facts before them whether a
    statute written by a parliamentary draftsman has been contravened. If it
    was all totally cut and dried there would be no need for an appeal
    process, and no books full of legal precedents that may subsequently
    overturned.

    I covered the learner scenario in another post.

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    Pete Fisher, Nov 23, 2008
    #70
  11. The Older Gentleman

    Ace Guest

    If they were driving MY car I'd feel entirely justified and would
    expect them to respect my desires wrt to their driving. In their own
    car they can do what the hell they like, but not in mine.
    --
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    Ace, Nov 24, 2008
    #71
  12. The Older Gentleman

    Colin Irvine Guest

    There's still a lot we don't know about this specific case. He could
    even have been sitting there going "FFS, women, is that the fastest
    you can go? Put your foot down you stupid twat or we'll be even later
    than we are".
     
    Colin Irvine, Nov 24, 2008
    #72
  13. The Older Gentleman

    platypus Guest

    Not unless you'd engaged reverse first.
     
    platypus, Nov 24, 2008
    #73
  14. The Older Gentleman

    platypus Guest

    That's a bit gash. Mind, I suppose it's been downhill since they stopped
    making the old 900s.
     
    platypus, Nov 24, 2008
    #74
  15. The Older Gentleman

    Pete Fisher Guest

    If you had world enough and time[1], you could read learn and inwardly
    digest[2] this:
    BEWARE LARGE PDF
    http://www.lawcom.gov.uk/docs/lc300.pdf
    from:
    http://www.lawcom.gov.uk/assisting_crime.htm


    [1] With acknowledgements to Andrew Marvel.
    [2] In remembrance of my old English teacher in 'Remove'
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    Pete Fisher, Nov 24, 2008
    #75
  16. The Older Gentleman

    Beav Guest

    I'm sure a way will be found to charge and punish him, especially if it
    means he can be fined.

    --
    Beav

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    Beav, Nov 24, 2008
    #76
  17. The Older Gentleman

    Beav Guest

    I'll have a stab at it being a Volkswagen Passat.

    --
    Beav

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    Beav, Nov 24, 2008
    #77
  18. The Older Gentleman

    Beav Guest

    Not really, in fact not at all. You wouldn't be able to brake effectively
    many times, but you'd certainly be able to bring the car to a stop once with
    NO problem. Think about it... If the engine stops for ANY reason, the
    manufacturers wouldn't get away with making a car which couldn't be brough
    to a halt safely and under full control.


    --
    Beav

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    Beav, Nov 24, 2008
    #78
  19. The Older Gentleman

    Beav Guest

    I can't see how that would make any difference. She may not have asked for
    them, but she TOOK them and that (for me) seems to be an acceptance of
    responsibility.

    --
    Beav

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    Beav, Nov 24, 2008
    #79
  20. The Older Gentleman

    Beav Guest

    Here we go again. You're worse than a fucking school teacher with bollocks
    all to do.


    --
    Beav

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    Beav, Nov 24, 2008
    #80
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