Author Topic: Accused of pulling a wheelie, red light infringement, and speeding on motorcycle  (Read 331 times)

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tyronejiggles

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I hope you’re well. I am seeking legal advice regarding a traffic stop that occurred around two hours ago while I was riding my motorcycle. I would really appreciate some guidance on how to proceed.

I was pulled over by a Metropolitan police car that was not a designated traffic car and was accused of:
- Pulling a wheelie on my motorcycle
- Running a red light
- Speeding

No evidence was presented to me at the time, and I was not issued any paperwork or informed of the alleged offence by the letter of the law. The officers cautioned me and stated that the alleged offences would be referred for a decision on whether I would receive a warning or be prosecuted, but I was given no formal documentation regarding this process.  Given that this was not a traffic police car, I highly doubt that their speedometer was calibrated, meaning their speed-related allegation may not be legally reliable as I understand. Additionally, without any immediate disclosure of evidence, I am unsure of the strength of the case against me.

I understand that I cannot have presented any evidence against me without choosing to take the matter to court, which I feel is too large a gamble. I would greatly appreciate your advice on my legal position and the best course of action to take should this proceed to prosecution. I have 0 points, have held my A2 license for just under 2 years, and have completed a 'What's Driving Us?' course in 2024.

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NewJudge

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Realistically, no advice can be given until you find out what the police plan to do.

It is clear you were warned at the time that you may be prosecuted, so no Notice of Intended Prosecution is required. If the police do intend to prosecute you they have six months to do so and in many areas they take all of that time. If they offer any out-of-court solutions those offers will come sooner.

Is there any substance to these allegations?

JustLoveCars

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No evidence was presented to me at the time, and I was not issued any paperwork or informed of the alleged offence by the letter of the law.
The officers cautioned me and stated that the alleged offences would be referred for a decision on whether I would receive a warning or be prosecuted, but I was given no formal documentation regarding this process.
Nor do they have to - no paperwork is required to be issued to you at the roadside.  The nature of the offences was made clear to you.  All of those could be dealt with under a Careless Driving.  'Deliberate' wheelies has the potential for Dangerous Driving where you should consider professional legal advice.

Given that this was not a traffic police car, I highly doubt that their speedometer was calibrated, meaning their speed-related allegation may not be legally reliable as I understand. Additionally, without any immediate disclosure of evidence, I am unsure of the strength of the case against me.
Doesn't need to be a 'traffic police car'.  In regards to the speeding allegation, their speedo doesn't necessarily have to be 'calibrated'.  (Remember the allegation will be exceeding the limit, not reaching a given speed)  They may or may not have video - probably not, but this doesn't invalidate the officer's potential testimony.

I understand that I cannot have presented any evidence against me without choosing to take the matter to court, which I feel is too large a gamble.
I think this provides a possible answer to NJ's question.

As noted, wait and see what happens next...

Freecall

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As others have said, there is nothing more to be done until you receive something from the police which could still be almost six months away.

I suspect that you will already know in your heart whether or not you did 'pull a wheelie'.  If you did, then I would expect a prosecution for that with the relevant charge.  If not (or it was very marginal) then if you are lucky maybe just the speeding.

ManxTom

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... I was pulled over by a Metropolitan police car that was not a designated traffic car...

... No evidence was presented to me at the time, and I was not issued any paperwork or informed of the alleged offence by the letter of the law....

Do you think that whether or not it was a "designated traffic car" (whatever that is) has any significance here?

And what do you mean when you say that you were not informed of the offence "by the letter of the law"?