| I spoke to Niall (my son) over the weekend, now that he has calmed down and is a bit more approachable. He is still absolutely adamant that he was riding at under 30mph. He saw the police immediately upon rounding the bend and continued on at that speed. They flagged him down and said he was doing "nearly 40 mph". Niall wasn't quite clear about what they said next but they asked him about documents and he said he didn't have a V5 (it didn't occur to him to tell him that he'd only had the bike just over a week and he hadn't got it back from DVLA). They then cautioned him, charged him with careless driving, telling him that a report would be issued to the Procurator Fiscal who may decide to carry out proceedings against him, and issued him with a producer for his documents. He was not given a charge sheet. However this is in Scotland and may not be a legal requirement. I still have no idea who the officers were nor what their grounds are for careless driving. Speaking to them may not be a good idea anyway as it might possibly be conceived as "attempting to pervert the course of justice".
As I see it, unless the police have concocted a load of lies, the Procurator Fiscal should just throw this out. "Nearly 40mph" hardly constitutes careless driving! I will let you know any future developments.  |