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Re: "Record" End-to-End prosecution

Posted: 6 Dec 2020, 1:45pm
by Psamathe
jgurney wrote:
Bonefishblues wrote:AIUI the driver claimed not to be the driver, rather that an unnamed member of the Irish Car Scene had been, and in any event it was all puff and spin, and anyway whilst the journey happened it did so without exceeding the speed limit, as it would surely have been detected by at least one of the plethora of speed detection devices on the route, and those 'countermeasures' which were fitted to the car in question, and which remained on the car when it was examined by the police weren't used, they were part of the spin and puff of the rather Walter Mittyesque central character.

With hindsight it's perhaps easy to see how one might sow doubt in a Jury's mind, such that they weren't sure that an offence had been proved


He has avoided being convicted, but in the process has publicly declared himself to be a liar, and if at some future date he asserts that he really did make the journey in the time he originally claimed, he will be confessing to perjury.

I suspect that many petrol heads will regard his "publicly declared himself to be a liar" as the means to get away with what he did; just as people speeding hire a good lawyer to find some loophole. In this case his loophole was "no witnesses".

I believe there is no law about lying to your mates nor of telling a fictional story so if in future he claims he did make the run I doubt it would be perjury as he can then just declare he's lying (outside court) again.

But I'm no lawyer, no legal expert.

Ian

Re: "Record" End-to-End prosecution

Posted: 6 Dec 2020, 1:48pm
by jgurney
Bonefishblues wrote:
jgurney wrote:He has avoided being convicted, but in the process has publicly declared himself to be a liar, and if at some future date he asserts that he really did make the journey in the time he originally claimed, he will be confessing to perjury.

Not sure that follows tbh. He's painted himself as someone who exaggerated on the internet, as many people do. I think the bird has flown here.


"Someone who exaggerated"- i.e. told lies.

"as many people do" - that other people did similar things does not make it any better.

Re: "Record" End-to-End prosecution

Posted: 6 Dec 2020, 1:52pm
by Bonefishblues
jgurney wrote:
Bonefishblues wrote:
jgurney wrote:He has avoided being convicted, but in the process has publicly declared himself to be a liar, and if at some future date he asserts that he really did make the journey in the time he originally claimed, he will be confessing to perjury.

Not sure that follows tbh. He's painted himself as someone who exaggerated on the internet, as many people do. I think the bird has flown here.


"Someone who exaggerated"- i.e. told lies.

"as many people do" - that other people did similar things does not make it any better.

No, it's all highly unsatisfactory as we believe he did do what he first claimed...or did he? Seriously, did he, or was the truth as he asserted it in Court, and that he got caught up with it and creating the fabrication. Who knows?

That's the point. There's little - no prospect of seeing him in Court, because it would just flip-flop again.

Re: "Record" End-to-End prosecution

Posted: 6 Dec 2020, 1:53pm
by Bonefishblues
Psamathe wrote:
jgurney wrote:
Bonefishblues wrote:AIUI the driver claimed not to be the driver, rather that an unnamed member of the Irish Car Scene had been, and in any event it was all puff and spin, and anyway whilst the journey happened it did so without exceeding the speed limit, as it would surely have been detected by at least one of the plethora of speed detection devices on the route, and those 'countermeasures' which were fitted to the car in question, and which remained on the car when it was examined by the police weren't used, they were part of the spin and puff of the rather Walter Mittyesque central character.

With hindsight it's perhaps easy to see how one might sow doubt in a Jury's mind, such that they weren't sure that an offence had been proved


He has avoided being convicted, but in the process has publicly declared himself to be a liar, and if at some future date he asserts that he really did make the journey in the time he originally claimed, he will be confessing to perjury.

I suspect that many petrol heads will regard his "publicly declared himself to be a liar" as the means to get away with what he did; just as people speeding hire a good lawyer to find some loophole. In this case his loophole was "no witnesses".

I believe there is no law about lying to your mates nor of telling a fictional story so if in future he claims he did make the run I doubt it would be perjury as he can then just declare he's lying (outside court) again.

But I'm no lawyer, no legal expert.

Ian

"Petrol heads" are very split on this one, interestingly.

Re: "Record" End-to-End prosecution

Posted: 6 Dec 2020, 2:22pm
by Cyril Haearn
Oldjohnw wrote:..
You're a motorist so you are automatically a criminal.

Not far from the truth :?

Re: "Record" End-to-End prosecution

Posted: 6 Dec 2020, 3:53pm
by Oldjohnw
Cyril Haearn wrote:
Oldjohnw wrote:..
You're a motorist so you are automatically a criminal.

Not far from the truth :?


A long way from the truth. I don't think lumping most decent people in with someone who brags about gratuitously breaking the law - even if only in his own mind - is a reasonable thing to do at all

Re: "Record" End-to-End prosecution

Posted: 6 Dec 2020, 4:02pm
by Cyril Haearn
Oldjohnw wrote:
Cyril Haearn wrote:
Oldjohnw wrote:..
You're a motorist so you are automatically a criminal.

Not far from the truth :?


A long way from the truth. I don't think lumping most decent people in with someone who brags about gratuitously breaking the law - even if only in his own mind - is a reasonable thing to do at all

Most (more than half) of drivers routinely break the law, plenty talk openly about it, bleat about safety cameras for instance, -1

The cops should be out there catching speeding criminals, telephoning criminals and the like, late on Friday and Saturday nights, getting them disqualified BEFORE they can kill someone

Or do you think the time someone is killed is the first time the driver has broken the law?

Forbye they do it routinely and most could easily be caught. Halving 'accidental' deaths is quite realistic, then halving them again..

Re: "Record" End-to-End prosecution

Posted: 6 Dec 2020, 5:53pm
by Oldjohnw
Cyril Haearn wrote:Most (more than half) of drivers routinely break the law, plenty talk openly about it, bleat about safety cameras for instance, -1
.


You have some stats for this? 'Plenty' is a bit imprecise.

Please don't confuse my questioning a sweeping statement as agreeing with law breaking motorists. I am not one and I abhor it.

Re: "Record" End-to-End prosecution

Posted: 6 Dec 2020, 6:02pm
by Jdsk
Cue how many drivers exceed the speed limit, and being advised to count how many drivers stop at STOP signs.

I think of it as attention-seeking repetition rather than a major contribution to road safety (© Robert Mark).

Jonathan

Re: "Record" End-to-End prosecution

Posted: 6 Dec 2020, 6:25pm
by Cyril Haearn
Oldjohnw wrote:
Cyril Haearn wrote:Most (more than half) of drivers routinely break the law, plenty talk openly about it, bleat about safety cameras for instance, -1
.


You have some stats for this? 'Plenty' is a bit imprecise.

Please don't confuse my questioning a sweeping statement as agreeing with law breaking motorists. I am not one and I abhor it.

You stated that motorists are automatically criminals, I almost agreed (a few are not)

See for yourself, observe traffic at a STOP sign, nearly all do not stop

Re: "Record" End-to-End prosecution

Posted: 6 Dec 2020, 6:30pm
by landsurfer
Hatred of motorists by people pretending not to be motorists ... just because they have a bicycle rusting away in their garage ...
Hate Crime ... !

Re: "Record" End-to-End prosecution

Posted: 6 Dec 2020, 6:36pm
by Jdsk
I'd put my money on the infantile labels and insults for people driving cars being up next...

Jonathan

Re: "Record" End-to-End prosecution

Posted: 6 Dec 2020, 6:42pm
by Cyril Haearn
landsurfer wrote:Hatred of motorists by people pretending not to be motorists ... just because they have a bicycle rusting away in their garage ...
Hate Crime ... !

I 'used to be a very experienced motorist'. Drove in a dozen countries, I am ashamed to admit
I have retired and given up driving, maybe permanently. I organised my life so I do not need to drive
Cycled 33 km today :wink:

Re: "Record" End-to-End prosecution

Posted: 6 Dec 2020, 6:55pm
by kwackers
People seem to have problems with double standards.
I don't.

I have loads of double standards.

I have a car, drive it all the time. It's very useful.
(I've even been known to break the speed limit.)

OTOH

I hate cars, I think they're a thing that offers a small benefit to the individual at a large cost to society.
(I think roads should be better policed and it should be impossible to speed.)

I wouldn't have a problem if they were legislated out of use.
There's a conditional attached to this in that I'd expect a reasonable alternative to exist - "world beating" public transport etc etc.

Re: "Record" End-to-End prosecution

Posted: 6 Dec 2020, 7:06pm
by landsurfer
I love my car.
I love my bicycles.
I love my van.
I love my motorbike.
We love our camper van.

Love lots of thing more ... but I'm sure you get the picture ...

OH ... I love my aeroplane .... :D