glasgowcyclist
Charming but somewhat feckless
- Location
- Scotland
You said traffic isn't the business of plod in a van, that's wrong.
As dodd82 has said, the cop could and should have done more.
GC
Hit and Run "minor cycle accident "
- Thread starter Cycling Dan
- Start date
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You said traffic isn't the business of plod in a van, that's wrong.
As dodd82 has said, the cop could and should have done more.
GC
GrumpyGregry
Here for rides.
Not according to a Met Inspector it isn't.
gaz
Cycle Camera TV
- Location
- South Croydon
and i've used them before to great effect.
GrumpyGregry
Here for rides.
none. unless the mode of transport was a marked police car.
U
User6179
Guest
[QUOTE 2643345, member: 45"]Regardless of what had just happened, if I was a young woman I'd ignore a cyclist's demand that i got out of the car.[/quote]
Do you often wonder what you would do if you were a young woman?
Do you often wonder what you would do if you were a young woman?
Kevin Alexander
Veteran
I think you have done amazing there, I dont think I would have kept my cool. A) she refuses to pull over and make sure your ok so that warrants the vehicle being kicked, then the police refuse to do anything about it, they would have got a mouthful and then she refuses again to pull over, shitty tinted windowns would have been hammered.
Complain to your local MP and your local police authority as you have video evidence.
Complain to your local MP and your local police authority as you have video evidence.
OP
OP
Cycling Dan
Cycle Crazy
[QUOTE 2643345, member: 45"]Regardless of what had just happened, if I was a young woman I'd ignore a cyclist's demand that i got out of the car.[/quote]
You could see yourself being pulled out the car using reasonable force and put under citizens arrest given that you were doing a hit and run refusing to give details. Or even having your door opened and your car keys forcibly removed.
Under common Law; then lawfully detained until police arrived.
You could see yourself being pulled out the car using reasonable force and put under citizens arrest given that you were doing a hit and run refusing to give details. Or even having your door opened and your car keys forcibly removed.
Under common Law; then lawfully detained until police arrived.
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OP
OP
Cycling Dan
Cycle Crazy
[QUOTE 2643859, member: 45"]Really? He got off the bike and immediately demanded that she get out of the car.
I'd love to see a more detailed explanation of how dragging someone forcibly out of a car to make a citizen's arrest would work in the favour of the cyclist in court.[/quote]
She didn't stop after hitting him and continued to drive on. He confronts her and asks for here to exit to swap details. Bare in mind she has already failed to stop. Since she continues he has reasonable grounds to suspect she is going to commit the driver of failing to give details after an accident and making off. By the second set of light the police are well on there way so it is no longer feasible for an officer to arrest her before she makes off. As long as he does not beat her or use excessive force he can get her out the car to stop her committing the offence. This is granted under common Law and he can wait until police arrive. With it on camera as long as excessive force is not used its 100% legal. The cyclist was firm but not aggressive. This woman clearly had no intent at all to stop and swap details. I still think there was something wrong with her. No insurance, not her car, no drivers license a possible of all manner of things.
When making a citizens arrest it is advised to have a witness well that's the camera, to make sure excessive force is not used.
I'd love to see a more detailed explanation of how dragging someone forcibly out of a car to make a citizen's arrest would work in the favour of the cyclist in court.[/quote]
She didn't stop after hitting him and continued to drive on. He confronts her and asks for here to exit to swap details. Bare in mind she has already failed to stop. Since she continues he has reasonable grounds to suspect she is going to commit the driver of failing to give details after an accident and making off. By the second set of light the police are well on there way so it is no longer feasible for an officer to arrest her before she makes off. As long as he does not beat her or use excessive force he can get her out the car to stop her committing the offence. This is granted under common Law and he can wait until police arrive. With it on camera as long as excessive force is not used its 100% legal. The cyclist was firm but not aggressive. This woman clearly had no intent at all to stop and swap details. I still think there was something wrong with her. No insurance, not her car, no drivers license a possible of all manner of things.
When making a citizens arrest it is advised to have a witness well that's the camera, to make sure excessive force is not used.
OP
OP
Cycling Dan
Cycle Crazy
[QUOTE 2643883, member: 45"]She'd already committed the offence.[/quote]
Indeed so he can use a citizens arrest under common law to stop her from getting away. Since there are no police around to arrest her in a time of which would stop her from getting away..
Dragging her out the car stops her from escaping is indeed reasonable force, I would argue it is. After all its a matter of perception. What would you suggest is reasonable force to stop her in her car from driving away bare in mind you need to stop her from escaping? You could easily let her go of course but this scenario is one where you are going to detain her under common law.
Indeed so he can use a citizens arrest under common law to stop her from getting away. Since there are no police around to arrest her in a time of which would stop her from getting away..
Dragging her out the car stops her from escaping is indeed reasonable force, I would argue it is. After all its a matter of perception. What would you suggest is reasonable force to stop her in her car from driving away bare in mind you need to stop her from escaping? You could easily let her go of course but this scenario is one where you are going to detain her under common law.
OP
OP
Cycling Dan
Cycle Crazy
[QUOTE 2643898, member: 45"]He doesn't need to stop her from escaping. If you would demand that a young woman gets out of a car following a non-injury conflict and then would drag her out when she refuses I wish you luck in your defence of the assault charge.[/quote]
How do you know there was no injury or damage to the bike which would also permit a citizens arrest? For all you know the handlebar is bend and he has damage to say his elbow. Even then it fits in with the other cretira of
It is not reasonably practicable for a police constable to make the arrest;
Making off before a constable can assume responsibility for him
For when you make the arrest I reference the point in this video at the last set of lights. All other efforts were exploited at this point unless he were to stand in front of the car which is not advised.
Not the line I would chose but a line which can legally be taken non the less.
Opening the door and taking the keys would be a better option I would think than dragging her ass out
How do you know there was no injury or damage to the bike which would also permit a citizens arrest? For all you know the handlebar is bend and he has damage to say his elbow. Even then it fits in with the other cretira of
It is not reasonably practicable for a police constable to make the arrest;
Making off before a constable can assume responsibility for him
For when you make the arrest I reference the point in this video at the last set of lights. All other efforts were exploited at this point unless he were to stand in front of the car which is not advised.
Not the line I would chose but a line which can legally be taken non the less.
Opening the door and taking the keys would be a better option I would think than dragging her ass out
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Cycling Dan
Cycle Crazy
[QUOTE 2643975, member: 45"]Because it's on video?[/quote]
You cant see his arms or handle bar??
You cant see his arms or handle bar??
OP
OP
Cycling Dan
Cycle Crazy
[QUOTE 2643975, member: 45"]Because it's on video?[/quote]
Out of curiosity how would you propose getting the drivers information? Through the illegally tinted windows? Is asking her to get out the car to swap information the wrong thing to do? Should he just take it on the chin and leave it be, just enjoy his cycling?
Out of curiosity how would you propose getting the drivers information? Through the illegally tinted windows? Is asking her to get out the car to swap information the wrong thing to do? Should he just take it on the chin and leave it be, just enjoy his cycling?
Kevin Alexander
Veteran
[QUOTE 2643854, member: 45"]The OP isn't the cyclist.
His riding and attitude isn't great. He should have been in primary when he overtook the bus, and then the driver wouldn't have been able to overtake. This doesn't make her manoeuvre ok. He also did that silly block thing at the end of the clip, which shows the points scoring attitude which has no place on the road.
He hasn't done amazing. Yes, the driver did something stupid, but he approached her in the wrong way. She was clearly frightened, perhaps partly because she knew she had done something wrong. I would tell any young woman to ignore demands to get out of a car. None of her behaviour warrants any car kicking or window smashing. Intentional, agressive criminal damage is not an appropriate response to a stupid driving error.[/quote]
Sorry got to disagree, even if the cyclist is in the wrong position whils overtaking the driver had clipped him/her. She has a) nearly caused injury by not giving enough space b) has pretty much done a hit and run. I mean they have done amazing as they have controlle their temper. Others might have not.
The driver doing something stupid can result in a fatality
His riding and attitude isn't great. He should have been in primary when he overtook the bus, and then the driver wouldn't have been able to overtake. This doesn't make her manoeuvre ok. He also did that silly block thing at the end of the clip, which shows the points scoring attitude which has no place on the road.
He hasn't done amazing. Yes, the driver did something stupid, but he approached her in the wrong way. She was clearly frightened, perhaps partly because she knew she had done something wrong. I would tell any young woman to ignore demands to get out of a car. None of her behaviour warrants any car kicking or window smashing. Intentional, agressive criminal damage is not an appropriate response to a stupid driving error.[/quote]
Sorry got to disagree, even if the cyclist is in the wrong position whils overtaking the driver had clipped him/her. She has a) nearly caused injury by not giving enough space b) has pretty much done a hit and run. I mean they have done amazing as they have controlle their temper. Others might have not.
The driver doing something stupid can result in a fatality
