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Anonymous

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Steve Farrell  says:

Mismatched tyres ‘could have caused fatal smash’

A motorist who span across the road killing a biker could not be tried for careless driving because her tyres were mismatched, according to the Crown Prosecution Service.  The CPS says there was no point proceeding with the charge because it could not be proved the crash wasn’t caused by the tyres, which were legal but not recommended by the...

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  • Posted 3 years ago (01 February 2012 17:15)

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kl595

Joined:

Nov 03

Posts: 470

kl595 says:

So who fitted the tyre? Surely, the company would have advised her if the pair were suitable?

Her solicitor just wangled a lesser penalty using the tyres as an excuse. The real culprit and, person responsible, has just killed someone and was driving without insurance. It may have been an accident but the fact she was driving without insurance means she should be put inside for 5 years in my books. It's about time the courts got tough with insurance dodgers.

Meanwhile, an innocent person just travelling home has been killed. This really isn't any justice for the family of Mr Wilson-Jones.

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bud

Joined:

Aug 02

Posts: 39

bud says:

depressing

Does this not hightlight a further issue with young drivers (24 years old) driving around in sports cars. Where are the restrictions on their licences? Not to metion, and apologies to any female readers, most young women seem to be as bad as young men these days and drive with their vaginas and not their brain, in their own little world with no thought for the consequences updating their facebook page whilst they drive.There is definately a bias towards the poor little car driver in bike related "accidents" in the courts that MCN and other publications needs to seriously investigate.

Mosts of the courts have magistrates sitting on the bench who most definately are not a cross section of modern society and have a very limited frame of refeference and do not necessarily posess any legal qualifications (unlike judges). Most of them aren't in it for the law, its about the status and climbing the social ladder, they pass sentence depending on their mood and whether they like look of you. Bikers on the whole are at a disadvantage right from the start because many of them think we're asking for it any way riding, one of those "contraptions" and we don't represent "their" kind of people. The CPS are shit scared in getting it wrong, mostly due to the bad press that comes from collapsed cases etc so choose not to prosecute unless it's 100% watertight.. It's not about the truth, it's about feeding the best line of bulshit that will stick.

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Rogerborg

Joined:

Sep 09

Posts: 897

Rogerborg says:

"Mismatched tyres would surely only be an issue were the car to be put into a situation where they would be said to be acting near the limits of adhesion"

This, times a million. The CPS need to man up and take on these cases rather than cutting deals.

Are they really saying that anyone with non-OEM - but all perfectly legal - tyres on their car can't be proven beyond reasonable doubt to be responsible for a loss of control? I don't think I've got two tyres the same, let alone OEM originals, on any of my cars or bikes. So, that's me free to drive or ride like a loon and blame crashes on the rubber then? I don't think so.

I am sure, I am certain, that if she'd taken out anyone other than a biker, that they'd be laughing at her ridiculous defence and throwing the book at her. Our lives are just so cheap.

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ars161065

Joined:

Jun 09

Posts: 6

ars161065 says:

murder

how is it that a stupid young thief and it is theft she took a vehicle without permission is given the right to kill by the cps they are incompetent morons,if she had killed a child or police officer there would be outrage but yet again an improperly trained driver gets off free killing a biker this is blatant discrimination against a race of people who ride instead of being in a box with too many safety feature's and think the car will do all the thinking and bikers and cyclist don`t matter.so is now anyone who kills with on the road can just say sorry my tyres were to blame,the wife of Mr Wilson-Jones should surely now sue the tyre company that fitted these tyres,but she should not have to the cps are supposed to protect the innocent we just don`t seem to be in that category, surprise surprise.

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billysollocks

Joined:

Feb 09

Posts: 515

Sorry to harp on about the "Couldn't Prosecute Shit", or CPS, but they really are inept. The death of a biker really is beneath them, or so it seems. I notice they haven't seen fit to explain themselves publicly. What a useless bunch of highly paid, over rated tossers, they really  are. The lawyer making this decision should be prosecuted for perverting the course of justice. Mind you, they'd fuck that up, no doubt..... 

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COZ69

Joined:

Nov 10

Posts: 296

COZ69 says:

......

shoot the bitches knee caps out with shot gun so she can never get behind the wheel again

this is a total disgrace, people need to start making there own justice

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b3bmcwi

Joined:

May 07

Posts: 16

b3bmcwi says:

A Technicality

The Charge - Careless Driving.

The Facts (as reported!) - a person driving her sibling's car, without insurance; immediately prior to the accident she had overtaken another vehicle - on the A495, a single-lane-each-way road in a heavily built up area. She lost control of the vehicle and as a direct result, another road user died.

The Technicality: CPS could not prove the loss of control was not the result of mis-matched tyres on the vehicle. Quoted the tyre manufacturer specification that the two tyres concerned should not be used together.

Why this shouldn't matter: Under the DVLA definition of a driver's legal responsibility, the driver should have had insurance - she did not. That alone should indicate a careless driving charge, before she even turned the key. Also, the laws concerning vehicle maintenance under the Highwway Code don't specify mismatched tyres as far as I can see - just that they're in good condition and correctly inflated. Speculatively I'm willing to wager whomever she overtook could help prove she exceeded the speed limit in her overtaking manoevre and was also either at or above the speed limit when the incident occurred, driving too fast for the road conditions in a built up and busy area. What was the prodecution response to the defence claim that because the tyres weren't matched, the responsibility wasn't hers? Did she check these before she set off? Did she know the correct pressure as was her responsibility under the Highway Code?

"admitted a less serious charge of causing death by driving uninsured.." - MCN, not good enough. No such charge. It's 'Causing death by driving while uninsured'. You can't kill someone by not having insurance! That's saying if she'd been insured, nobody would have died.

Highway Code on Vehicle Maintenance: www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069871

DVLA drivers legal responsibility: http://tinyurl.com/2uywub
 

Sorry about the rant - this kind of sloppy prosecution makes me angry for the bereaved. 12 months disqualification? The max for the charge that the driver admitted is 2 years imprisonment. What was the justification for not handing out the maximum?

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COZ69

Joined:

Nov 10

Posts: 296

COZ69 says:

then again

this would only lead to her getting compo and someone doing time unless......someone takes her out with a car with different tyres on each corner!!!

all this aside this isent right condolences to the family

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Hedgehog5

Joined:

Aug 02

Posts: 2320

Hedgehog5 says:

In future...

... I will be running mis-matched tyres just in case I'm in an accident... wouldn't want it to be my fault would I?

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bud

Joined:

Aug 02

Posts: 39

bud says:

b3bmwcwi:" What was the justification for not handing out the maximum?"

She probably fluttered her eye lashes, showed a bit of cleavage and got all emotional on the stand, doubless as she did when she took her driving test..

 

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