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Title: Knocked off while overtaking

Date: 01 June 2011

 

Question
 
Two of my six machines have the facility that records your last ride maximum speed attained. A pal of mine pointed out I could be prosecuted if seen by the police and is recorded over the national speed limit of 70mph. I found that difficult to believe as it could have been done by another rider, or indeed track day or off road. One can of course clear the memory with a push on the menu button.
 
Would be grateful for your advice.
 
Name withheld
 
Answer
 
In order to succeed with a prosecution, the police would need proof of when the alleged offence was committed and by whom. You may recall the case of the original “You Tube” biker who allegedly posted footage of himself exceeding the speed limit on the You Tube website.
 
The footage allegedly showed the biker leaving a garage at his home, riding well in excess of the speed limits for the roads he was riding on and then returning to his garage. The police took action against him for speeding. I represented him and argued that the police could not prove that the biker in the video was the man they questioned despite the bike being seen to leave his home and return there. Also that they could not prove when the alleged offence took place as there was no date on the footage. It could have been one or two years prior to the arrest, for example. The police dropped the charges. The case made the national papers and television news.
 
The police have to prove beyond all reasonable doubt that an offence has been committed. However, you don’t want to be the target of their attention and as such if you do mistakenly exceed the speed limit on the roads perhaps clear the evidence.

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