Assault on B970

Peter Main · February 2010

Assault on B970
I have just received a letter from the Procurator Fiscal in Inverness. I quote, ‘Mr Macdonald pled guilty to an assault and to an amended charge of breach of the peace. The Justice admonished Mr MacDonald. As a result, Mr MacDonald has a criminal record for these offences”. I was originally told that the Fiscal was only going to pursue the charge of ‘breach of the peace’ as there were no witnesses to the incident. Consequently I am I am very satisfied, this is a fair outcome and hope he will think twice before attacking anyone in the future.

2009 - A (not quite so) Sportive Year
I have added a summary of my 2009 activities to my website which can be found at http://www.petemain.co.uk/2009_a_sportive%20_year.htm

GiantMike · February 2010

Wow! It's not ofter the driver gets this kind of treatment.

That criminal record should be a problem for him and, most importantly, make him reconsider his actions on future situations.

Violence is never the answer.

downfader · February 2010

Very glad for you that the driver has been dealt with! I'm sure we all hope that he has the intellect to understand that his actions were stupid and dangerous, not to mention anti social and how it may affect his future employment.

priory · February 2010

oo-err, I was cycling round the kingussie ring on several days the week before last, no idea there was a known psychopath about. Mind you, ice was my main worry.

G-Wiz · March 2010

What happened? did you actually get hit or just threatened?

I'm about to kick off against an idiot who hit me with his mirror, then stopped and gave me a load of abuse including the words "or I'll ********* kill you" then drove off, almost hitting another rider in the process.

Any advice on what to pursue him for would be appreciated

Hopefully by the end of it he'll realise how much his personalised plates have really cost him.

Just a severe bollocking and education in some finer points of the highway code would be a start though.

awallace · March 2010

Driving without due care and attention, or a public order offence would fit however threats to kill is the most substantive offence and it is an offence against the person. Difficulkt to prove in certain cases and most likely that if arrested there would be an admission to public order (much lower on scale) in the hope the threat to kill would be dropped.

The telling off and highway code review is not an impossibility as home office now allow for more civil solutions (with legal power if not completed). In short rather than putting someone before a court or given a fine they agree to do or complete an action, maybe a letter of appology or agreeing some kind of action to "make up for it". This could include an hour with a traffic officer talking through the highway code and driver/cyclist/pedestrian responsibilities!

Hope that helps?

G-Wiz · March 2010

Thanks, just picked up the incident form from the police station. WPC on the desk actually seemed quite sympathetic and helpful. There are a fair few police on bikes round our way and I think the penny is starting to drop that drivers aren't all little angels, and cyclists aren't all exaggerating whingers.

Anyway, I'm going to go for assault and dangerous driving in the hope they'll at least investigate and make him realise that sort of behaviour isn't on.

I've had the same sort of behaviour on almost every ride this year, this bloke was unlucky, personalised plates are a lot easier to read and remember :-)

downfader · March 2010

G-Wiz wrote:

I've had the same sort of behaviour on almost every ride this year, this bloke was unlucky, personalised plates are a lot easier to read and remember :-)

One of the reasons many of us ride with the cameras now. A third eye that never forgets, you might say. I often forget plates after the event tbh, but most drivers aint as bad as that here thankfully.

spen666 · March 2010

G-Wiz wrote:

Thanks, just picked up the incident form from the police station. WPC on the desk actually seemed quite sympathetic and helpful. There are a fair few police on bikes round our way and I think the penny is starting to drop that drivers aren't all little angels, and cyclists aren't all exaggerating whingers.

Anyway, I'm going to go for assault and dangerous driving in the hope they'll at least investigate and make him realise that sort of behaviour isn't on.

I've had the same sort of behaviour on almost every ride this year, this bloke was unlucky, personalised plates are a lot easier to read and remember :-)

Unless you are issuing a private prosecution, its not up to you what offences are investigated or charged. Its a matter for police & or CPS what offence are investigated/ made out. You merely report the facts to the police

Foz72 · March 2010

> its not up to you what offences are investigated or charged.

More than a little simplistic :roll: . It's quite normal for the police to ask a victim of a crime to ask whether they wish to press charges; as the primary witness their willing co-operation is likely to be essential for a successful prosecution. True, you can't make the police charge anyone but it's also untrue to suggest that it has absolutely nothing to do with the OP.

spen666 · March 2010

Foz72 wrote:

> its not up to you what offences are investigated or charged.

More than a little simplistic :roll: . It's quite normal for the police to ask a victim of a crime to ask whether they wish to press charges; as the primary witness their willing co-operation is likely to be essential for a successful prosecution. True, you can't make the police charge anyone but it's also untrue to suggest that it has absolutely nothing to do with the OP.

Are you willing to co-operate or press charges is a completely different question from the victim deciding what offence(s) are investigated.

Assault on B970

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