Re: Right, i know this is hugely random but....
 

That's what I was hinting at...:cool:

I'm happy to be proved wrong but if the SV is capable, but doing so would require very harsh acceleration and braking, it may well fall under the umbrella definition of DWDC

It could well be in the defendant's best interest to plead guilty and act remorseful *if* he was riding like a bit of a plonker. We've all done it when we think nobody's watching, but if you get caught the most economical way to do it is to plead guilty and act (better yet, be) sorry you did it...

Generally I'd wager you'll get more thrift from the court if you do that than turn up with your nephew, who's a whizz at physics, and try and out math the policeman...:smt023

Re: Right, i know this is hugely random but....
 

Even if the charge was speeding, the corroborated opinion of a police oficer is enough to prosecute. No calibrated device is actually needed, the corroboration could be the witness of a second officer - I know this from previous experience!

Re: Right, i know this is hugely random but....
 

Thanks for all the replies. Yep its for driving without due care and attention. It is only one coppers statement with no calibrated equipment or other evidence i.e. cctv. However in court my friend was basically told it was on him to prove his innocence and that it was very hard to defend a dwdc charge.

I doubt he can afford a solicitor and you dont get legal aid for these sort of charges i think. I thought that in order to prove beyond all reaonable doubt there would need to be some substantial evidence or atleast a witness. His statement is full of ' in my opinion' and 'i estimate he was travelling at approximately 80mph' etc. Once again...thanks for the help :)

It really annoys me that justice can only be obtained if you can afford a solicitor or fully understand the law.....the same result should be able to be obtained regardless

Re: Right, i know this is hugely random but....
 

I didn't say it wasn't. You can still be charged with speeding, but they would find it impossible to pin a particular speed on you in court.

The OP is asking some very specific calculations about an alleged speed of a specific value, ie: 80mph.

I would expect them to go for DWDC in this case as the OP only mentions one copper, and seeing a bike accelerate and decelerate in such a short space of time, with no steady speed to judge upon, even two coppers would struggle to demonstrate in court that they knew what speed the bike actually reached. Not being a prudent way to ride the bike is much easier thing to prove and would likely carry a higher penalty than 3 points and 60 quid.

For all we know so far the rider in question may well have been clocked at 80mph with a calibrated speed detection device, but in that case the evidence would be straightforward and difficult to dispute, acceleration, deceleration, corners, etc would be irrelevant to a speeding charge, the copper wouldn't need to "claim" anything, he would have the evidence and I suspect the OP wouldn't be asking the question.

Re: Right, i know this is hugely random but....
 

I think a decent lawyer would get you off that providing the copper's "opinion" could be shown to be wrong.So if the bike with rider physically couldnt do the acceleration and braking feat claimed you throw enough doubt on the evidence to get it thrown out.Might be worth a call to a specialist like White Dalton for an opinion.If its a good case they might do it for free.

Re: Right, i know this is hugely random but....
 

This is absolutely not the case with DWDC. The CPS have to prove to the magistrates satisfaction that your friend was guilty beyond reasonable doubt. The magistrate is not a legal professional, he/she is a civilian volunteer who has too much time of their hands so they can give up days on end to sit in court, listen to cases, and feel important when they patronise defendants and make decisions. For this reason sometimes guilty verdicts happen in magistrates, where actually they shouldn't, and they are reversed under appeal at the crown court, that has a civilian jury panel and a professional judge.

These guys are not as expensive as you might expect, and they will stick to the charges published. Scroll down to see the fees. If you win you get that money back. It's worth the cost of the consultation phone call (£40+VAT) if you friend believes he is not guilty of what he is accused of. The phone call will determine if he has a leg to stand on.

http://www.motorlawyers.co.uk/services/faq.htm

If he is guilty, then he should plead as such at the earliest opportunity.

Re: SV acceleration performance question.
 

I fought and won a DWDC charge, here's the full story

http://forums.sv650.org/showthread.php?t=135778

Re: SV acceleration performance question.
 

Info on deceleration HERE

Re: SV acceleration performance question.
 

Title changing fairy has been at it again!! I thought this was something entirely different!