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Off to court.......any tips?

Hi all - tired old rider / first time poster.

Back in the spring I was a few miles from home after about 75 miles in the saddle when a friendly guy in a large 4x4 thought it'd be HILARIOUS to miss me by about 6 inches while driving at warp speed on an otherwise completely empty road. Like a tw&t (albeit a fairly shaken up one)  I decided to let my middle finger do the talking and then next thing I knew he was out the car, rugby tackling me off the bike, and saying some stuff that, if I was more easily offended, would probably have wounded my inner child.

Anyhow, him, me and the CPS are heading off to court next month so that three magistrates can decide what should happen to him. The charge is assualt, and luckily I have two independent witnesses, or I strongly suspect that this wouldn't have raised much of an eyebrow with the police. I've fessed up to the 'fingering', so to speak Just wondering if anyone else has had any experience of this kind of thing, and can give me an idea of what to expect on the day?

Cheers, and merry Christmas.

If you're new please join in and if you have questions pop them below and the forum regulars will answer as best we can.

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48 comments

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beezus fufoon | 7 years ago
4 likes

unless you've already admitted to it - I would recommend you say that you simply gestured with your hand without being overly specific

also, dress smart, speak like a nice well brought up middle class chap, and don't be overly provocative or emotive, just stick to the facts (sans one finger).

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Yorkshire wallet | 7 years ago
1 like

Ronnie Pickering strikes again!!

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ChrisB200SX replied to Yorkshire wallet | 7 years ago
1 like

Yorkshire wallet wrote:

Ronnie Pickering strikes again!!

Who?  1

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Pastmybest | 7 years ago
10 likes

I know - I mean the split second my hand went up this guy pulled an emergency stop in the middle of a 50mph road, got out the car and went for me. Weirdly, his wife sat there in the passenger seat watching the events unfold with a kind of expressionless 'not this sh*t again' look on her face.

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atgni | 7 years ago
13 likes

Always amazing that drivers can see so much better in their rear view mirror that out of their front windscreen.
It's as if they do it on purpose and are checking for a reaction. Hmmm.
Good luck.

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Pudsey Pedaller | 7 years ago
5 likes

Don't be surprised if he pleads guilty on the day which may or may not be a good thing depending on your perspective.

This is what happened to me when I was assaulted at work. While I wasn't exactly looking forward to going to court, having sat in the witness waiting room for several hours, reading and re-reading my statement several times and psyching myself up, it was a bit of an anticlimax in the end when he changed his plea.

As a result, I was left with the frustration of not having the opportunity to face the person who assaulted me, of knowing he avoided a harsher punishment through a guilty plea and also knowing the huge amount of time and money wasted just to get to that point.

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benborp | 7 years ago
7 likes

Unfortunately I've been a witness on several occasions. Go over your previous statements thoroughly beforehand to the extent that you know them inside out and could write them out again verbatim. Be aware of any gaps in the narrative that have developed in the taking of statements. If any descrepencies have crept in (sometimes the documents that reach the CPS lawyer on the day are barely legible and assumptions or mistakes are made) raise them with the prosecutor immediately. By doing this you should be able to be as calm and authoritative as possible. If you have it all nailed down all you need to do on the day is tell the court what you know. If you have a tendency to make short, curt answers practice getting into the habit of responding with short concise sentences. If you tend to verbosity prepare phrases that help you express cycling concepts succinctly and as neutrally as possible without reference to 'cycling jargon', e.g. 'wide enough to avoid defects at the edge of the road' rather than secondary. This will make you appear reasonable, informed and competent which will all help the magistrates'  belief in you as a reliable witness.

The quality of legal representation on both sides can be hugely variable, from completely incompetent to as smart as you would expect in a courtroom drama. By being a quality witness you can go someway to making sure that the magistrates have something to rely on. Whatever the outcome you will also know that you did what you could to gain justice. At this level it can be a bit of a lottery. 

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BehindTheBikesheds | 7 years ago
8 likes

As others have said, the assault in the first instance was the instagating action of what followed, you reactedwith a hand gesture that is an exclamation of anger and frustration at what you consider to be a deliberate act to assault you by inducing fear if not to physically harm and only by fortune that you were not struck. Because there was no reason to get so close given the empty road and that close is not a momentary lapse or mistake and the ensuing ABH it's clear his intention was to cause you harm from the outset.
It would be unlikely he'd be able to see clearly the middle finger but a thrown up hand, to be then set upon after threatening your life with a deadly weapon -liken it to swinging a sledhammer at a child/adult/police officer in the street and then they turn around and attack them after throwing your hand up, is basically assault with a deadly weapon and an ABH, it should go to crown court tbh.
Hope you nail the bastard and the system protects you and society properly from this dangerous criminal.

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Pastmybest | 7 years ago
6 likes

Cheers all - I have to admit, a trial is not quite the new year gift I was hoping for (although I'm pretty sure Santa won't be bringing me a 3T Exploro either!) but I'm hoping that some sense of reason will prevail, and at the very least he won't do it again. Interestingly, the suspect has said in his statement that the reason for the collision was that after he got out of his car and ran at me I made the conscious choice to run him over. Which is entirely accurate. The precise order of my thought process was 'I'm knackered, hungry, and so late home that the bollocking I'm going to get from my wife will scarcely be measurable with existing technology. What I need more than anything is to further delay myself by  intentionally running someone over using this highly stable, steam-roller-esque 8kg weapon I am riding'.

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wycombewheeler replied to Pastmybest | 7 years ago
4 likes
Pastmybest wrote:

Cheers all - I have to admit, a trial is not quite the new year gift I was hoping for (although I'm pretty sure Santa won't be bringing me a 3T Exploro either!) but I'm hoping that some sense of reason will prevail, and at the very least he won't do it again. Interestingly, the suspect has said in his statement that the reason for the collision was that after he got out of his car and ran at me I made the conscious choice to run him over. Which is entirely accurate. The precise order of my thought process was 'I'm knackered, hungry, and so late home that the bollocking I'm going to get from my wife will scarcely be measurable with existing technology. What I need more than anything is to further delay myself by  intentionally running someone over using this highly stable, steam-roller-esque 8kg weapon I am riding'.

So convenient for you and your desire for revenge that this person, who presumably had somewhere important to go, chose to stop and place himself in a position of risk instead of remaining safe in his 2 tonne metal box.

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Pudsey Pedaller replied to wycombewheeler | 7 years ago
4 likes
wycombewheeler wrote:

So convenient for you and your desire for revenge that this person, who presumably had somewhere important to go, chose to stop and place himself in a position of risk instead of remaining safe in his 2 tonne metal box.

It always amazes me how a minority of drivers are in such a rush as to place vulnerable road users at significant and unnecessary risk, yet suddenly find the time to stop for a 'chat' once their transgression is pointed out to them. I wouldn't mind so much if it was to apologise, but that's so rarely the case.

Fortunately, when I found myself in a similar situation, the driver chose to limit his response to an unnecessary brake check, but given the psychological deficiencies of certain drivers, I consider myself fortunate it didn't escalate further.

https://youtu.be/lKJZRDMeoAk

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Pastmybest replied to Pudsey Pedaller | 7 years ago
3 likes

Pudsey Pedaller wrote:
wycombewheeler wrote:

So convenient for you and your desire for revenge that this person, who presumably had somewhere important to go, chose to stop and place himself in a position of risk instead of remaining safe in his 2 tonne metal box.

It always amazes me how a minority of drivers are in such a rush as to place vulnerable road users at significant and unnecessary risk, yet suddenly find the time to stop for a 'chat' once their transgression is pointed out to them. I wouldn't mind so much if it was to apologise, but that's so rarely the case. Fortunately, when I found myself in a similar situation, the driver chose to limit his response to an unnecessary brake check, but given the psychological deficiencies of certain drivers, I consider myself fortunate it didn't escalate further. https://youtu.be/lKJZRDMeoAk

 

...some might argue that he was obstructing the flow of traffic, or perhaps intentionally trying to cause a collision. Did the police have anything to say about this?

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DaveE128 replied to Pastmybest | 7 years ago
0 likes

Pastmybest wrote:

Cheers all - I have to admit, a trial is not quite the new year gift I was hoping for (although I'm pretty sure Santa won't be bringing me a 3T Exploro either!) but I'm hoping that some sense of reason will prevail, and at the very least he won't do it again. Interestingly, the suspect has said in his statement that the reason for the collision was that after he got out of his car and ran at me I made the conscious choice to run him over. Which is entirely accurate. The precise order of my thought process was 'I'm knackered, hungry, and so late home that the bollocking I'm going to get from my wife will scarcely be measurable with existing technology. What I need more than anything is to further delay myself by  intentionally running someone over using this highly stable, steam-roller-esque 8kg weapon I am riding'.

I assumed (and confirmed, from the rest of the thread) that that was sarcasm!

Don't use sarcasm in court. And I would recommend not posting a sarcastic comment online that could be claimed to be an admission!  7

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Welsh boy | 7 years ago
4 likes

I hope all goes well for you and that it is not too stressful.  My experience from attending court through my job is that even when you are the good guy it can be unpleasant.  Magistrates tend to be white, middle aged, male so dress appropriately and play the game, they respond well to calm, considered responses so dont rush into answers, take time to think about what you are going to say before answering.  Dont be tempted to fill a silence by speaking, if you have said what you want to say and the defense sit there quietly looking at you, play them at their own game and keep quiet too.  Similarly, if the make a statement (rather than ask you a question) dont feel that you have to respond, wait until they ask you a question.  Not easy I know, it is unnatural to keep a silence going but dont feel obliged to fill the silence unless you are asked to.

Let us know how it goes and have a good christmas.

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Daveyraveygravey | 7 years ago
4 likes

Hopefully, they'll throw everything they have at him, and he might realise you shouldn't be able to get away with that behaviour. Glad you're OK, and I always react exactly like you did, usually to less provocation

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CXR94Di2 | 7 years ago
9 likes

Your defence against the 'Provoked' hand gesture and or verbal response was 'fight or flight' response to being nearly hit and seriously injured or even killed. A totally natural reaction to such dangerous driving A massive adrenaline rush does happen that to normal people Wink!  1

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Pastmybest | 7 years ago
6 likes

Cheers - you're 100% right, in that it was stupid to react. However in a weird way the fact that this has now been escalated and will result in a court show-down hopefully means he'll think twice next time he's thinking of sh*tting up a cyclist to get his kicks. And it might just have saved the next guy or girl from a near miss / possible hit.

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pete1999 | 7 years ago
10 likes

Dear Pastbybest

Please let us know how you get on. I hope the magistrates give him a good stuffing as a late Xmas present.  You should be apologetic about your angry response.  But, you did nothing criminal, at worst it was "ill-advised".  Stay focused on the fact that assault is a serious crime and the magistrates will not reward it regardless of the provocation.  Try watching Judge Judy.  Although her court is not criminal, it provides good lessons on what behaviour infuriates judges. Also remember that magistrates are not judges - they are ordinary people who live in the area who have taken training to sit in judgement on  minor offences. They have limited powers of punnishment. Perhaps they might rule the assault too serious for them to handle and refer it up to the Crown Court where a judge will preside.  Otherwise, hopefully one or more of them might be cyclists!!  If you have photos of injuries you might post them when the case is resolved??

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