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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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SlowLearner

Joined:

Feb 10

Posts: 1993

SlowLearner says:

Hang on a minute...

The letter (from the Crown Prosecution) said, ‘It could not be proved to the standard required in a criminal trial that the mix of tyres fitted to the MG did not cause loss of control.’

Well it's kind of tough to prove a negative!   It could NOT be proved that the tyres did NOT cause the accident.   So someone defending this woman who was definitely driving illegally, and possibly recklessly, basically said, "Oh - erm, it must have been them tyres, since they weren't all identical.  Now you prove it wasn't the cause!   And if you can't, then let's just forget about the whole thing."

So to prove it WASN'T the tyres, you'd have to reproduce the condition of the crash - temperature, speeds, road surface etc. exactly, then get another match of the same tyres (worn precisely the same way, of course!), and drive the car in the same way.   If you can't do all that - and prove it to be identical to the original circumstances - it's case not proved so everyone go home.  Except the dead guy, of course.

How about proving it wasn't death-rays from Mars that caused the accident!

If we were talking about a mix of cross-ply and radials, it could be a point.  But just a later version of the same freaking tyre?  Give me a goddamned break.

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ChrisG1427

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Feb 12

Posts: 2

ChrisG1427 says:

Explanation

Guys, there's a few holes in this story, including the baffling 'death by no insurance' line. Here's an earlier article from the local paper - http://www.dailypost.co.uk/news/north-wales-news/2011/06/30/call-for-change-in-tyre-law-before-more-deaths-on-north-wales-roads-55578-28966795/ Look carefully - the argument centres on there having been a recall issued for one of the tyres, NOT on it being a different brand to the one officially recommended by the manufacturer, which would have invalidated almost every driving prosecution ever. As we all know, the idea that some minor design flaw in the tyre was solely responsible for the crash is still ludicrous, but it's enough to create that element of doubt in the eyes of the average magistrate/juror who knows sweet FA about how tyres and vehicles work, and therefore the CPS. You'll also notice that this delightful young lady uncovered this handy technicality herself - she can't even blame it on her solicitor. Let's be honest - I doubt there's few of us one here who can say we've never taken some sort of risk on the road which has potentially put other people in danger - whether it be a late overtake or misjudging a left-hander which could left your bike sliding into oncoming traffic. The difference is, I'd like to think if I ever did cause an accident, I'd hold my hands up straight away and accept a proper punishment - not shamelessly try and weasel my way out of it, putting the family under great distress, like she has.

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tangoed

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Feb 12

Posts: 1

tangoed says:

miss matched tyres

i used to work in a tyre depot and most off the cars that came in or out had miss matched tyres as most vehicles that use the roads ive done it on cars and biked i bet we've all done it so the roads should be full of wrecks caused be miss matched or the wrong tyres . this girl needs to be to be properly punished , no justice in the uk sack the government and start again

 

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derekolrog

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Feb 12

Posts: 1

derekolrog says:

Andrew Jones

There must be something the CPS could have done to give Mrs Jones some satisfaction, with the knowledge that maybe just maybe any MG TF driver checks his car over. Banned for a year with 100 hours community service is a joke. Prosecute her brother for putting the tyres on, ban Roberts from driving until she takes another extend test, find out if MG put an idiot sticker in the Handbook' don't mix and max your tyres'. But do something. My heart goes out to Mrs Jones, and my anger is pointless, I wonder if it was someone famous who died or anyone involved with the police force if the outcome would have been the same.

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