ASBO for a wheelie?

We live in a small Scottish country town and in May 2007 my boyfriend was issued with an “Antisocial Behaviour ETC.(SCOTLAND) Act 2004 Section 127” for alleged… “Riding motorcycle on road on one wheel” He had just come from an off-road on to a main road with some dirt on his tyres. As he pulled off on to the main road the front wheel lifted up. At that exact moment, a cop car came round the bend in the opposite direction. They turned and followed, stopping him just before he came into the town. He explained to them what had happened but it didn’t matter, they still charged him with careless driving and issued an ASBO (nobody else was on the road when this happened).

My boyfriend intended to plead not guilty to this charge. But 2 months later while he was waiting to go to court, he was stopped for speeding. Having told the officers about the ASBO they told him they were not only charging him but seizing his bike as well. It cost him £150 to get it back the following day.

Although he accepts his guilt for speeding on this 2nd charge (60 in a 40 zone), my boyfriend had not been given the chance to challenge the first charge of the ‘wheelie’. We have appointed a specialist lawyer with no ‘Legal Aid’ and although he can challenge both of the traffic offences, he claims the Antisocial Behaviour document is a civil matter.