biker jailed

All non-motorcycle related chat in here

Moderators: Aladinsaneuk, MartDude, D-Rider, Moderators

Post Reply
Message
Author
fastasfcuk
SuperBike Racer
SuperBike Racer
Posts: 1424
Joined: Fri Jan 05, 2007 1:57 pm
Location: Mansfield, Nottinghamshire

biker jailed

#1 Post by fastasfcuk » Wed Oct 28, 2009 9:19 pm


User avatar
D-Rider
Admin
Admin
Posts: 15560
Joined: Wed Jan 03, 2007 1:09 pm
Location: Coventry

#2 Post by D-Rider » Wed Oct 28, 2009 9:50 pm

I'm not suggesting that what he was doing was fine - I wasn't there - I can't assess the situation - and I doubt it was very clever.

..... but the judge seems to be implying that the main issue determining the sentence was the actual speed itself rather than any specific danger ....
Sheriff John Horsburgh told Purves: "The speed at which you were driving this motorcycle makes a custodial sentence the only appropriate one."
.... which would not be the view of our European brethren in Germany where there are stretches of road where the speed you were driving is irrelevant.
Come to that, those in the IoM have a similar view.
Of course they would also throw the book at you for inappropriately dangerous riding but surely the emphasis would be on the specific danger.

Certainly the speed law in the area of the offence was exceeded many times over - no argument - but to state that the reason for the custodial sentence is due to speed rather than a specific danger is poor.
“Scientists investigate that which already is. Engineers create that which has never been.”
-- Albert Einstein

User avatar
Falcopops
GP Racer
GP Racer
Posts: 2530
Joined: Mon Dec 18, 2006 4:00 pm
Location: Back to sweating in the tropics
Main bike: Still loving the Falco

#3 Post by Falcopops » Wed Oct 28, 2009 11:02 pm

I think the quote you used suggests the prescriptive nature of speeding penalties. As we all know pretty much anything up to 30mph over 70 on a motorway gets you fines and points. More than a ton and you're into ban territory.

I reckon that the Sherrif has had a look at his chart and 166 in a 60 = jail for 9 to 12 months, so the only lattitude he has is on the length of term.

Personally if I'd been his brief I'd have calimed he was attempting to attend to a potentially horrendous blue rinse incident :smt003

Post Reply