maz0 Posted April 9, 2010 Share Posted April 9, 2010 This is something that happened to my girlfriends brother just last week. He lives in a rural area and commutes a 35 minute drive through country roads. Several weeks ago however he was stuck behind someone doing 45MPH, which is fair enough if that's what an old person feels comfortable driving at. Anyway he over took them on a straight, which he thought was very safe, and gave plenty time to avoid the oncoming car which was off in the distance. As far as he was concerned, and probably most petrol heads, it was a safe and easy over-take. (drives a Golf) That night he got a visit from 2 police officers, asking him if he was driving that road at that time, and he agree'd he had been, it was his commute. They advised him that he had been witnessed by 2 witnesses both from the car he overtook, that he had done a dangerous manoeuvre and was being cautioned for this. Same thing happened last week, now bare in mind he drives the same road 5 days a week, every week, and over takes many cars on this journey, including tractors etc. Police turn up again and inform him that yet again 2 witness from a car claimed he had made a dangerous manoeuvre over taking them and this time he would receiving an anti-social behaviour order. When he asked how to dispute this, he was told that there was no dispute process for an ASBO. Now obviously I wasn't there, so I'm only taking his word for it that the manoeuvres were safe. But what do you think of this process, is it unfair there's no dispute? perhaps a misapplication of the asbo? (please note I'm not ranting about asbo's as being rubbish, I think their a good thing) Quote Link to comment Share on other sites More sharing options...
Andy Posted April 9, 2010 Share Posted April 9, 2010 I would be more concerned that joe bloggs can report someone which leads to an ASBO.....what happened to being innocent until proved guilty!! That is disgusting!!! Quote Link to comment Share on other sites More sharing options...
Millzzz Posted April 9, 2010 Share Posted April 9, 2010 I would be more concerned that joe bloggs can report someone which leads to an ASBO.....what happened to being innocent until proved guilty!! That is disgusting!!! +1 That now means any little chav that is a sore loser for losing . . . . . *ahem* I mean, anyone discontent with being overtaken in a completely normal & legal manner can get me an ASBO with a bit of moaning?? Bloody ludacrous! Quote Link to comment Share on other sites More sharing options...
Dene8 Posted April 9, 2010 Share Posted April 9, 2010 He should report all the dangerously slow drivers he has to overtake......... see if his word is taken as absolute fact and acted upon..... I suspect not Or................... drive faster so his number plate is but a blur Quote Link to comment Share on other sites More sharing options...
Anubis Posted April 9, 2010 Share Posted April 9, 2010 You can't get an ASBO based on purely word of mouth - you have to go to court with evidence against you and even then you'd have to be a serious pain in the @ss to others around you to be branded with one. Otherwise everyone would be on the phone trying to get individuals they don't like with a criminal record. It sounds like its either a couple of old biddies thinking anyone that drives 5mph over the speed limit is a boy racer and they have nothing else to do but moan or it could be someone with a grudge and trying to get their own back. If I called the Police in my area and reported things like this, they would tell me they are far too busy with better things to do and maybe (if I'm lucky) turn up a week later if they could be bothered. SOunds like the village plod has got bored of chasing ducks in the park and has nothing else to do. If the Police turn up again, be polite and say its getting beyond a joke and that you weren't doing anything dangerous - just overtaking within the limit. Unless they have videos or speed camera evidence (or they themselves) see anything illegal then nothing can be done. http://www.courtroomadvice.co.uk/receiv ... rder-(asbo).html Quote Link to comment Share on other sites More sharing options...
waynehardy Posted April 9, 2010 Share Posted April 9, 2010 Your mate needs specialist legal advice. I'm a criminal solicitor. PM me and i can see if i can assist Quote Link to comment Share on other sites More sharing options...
Dene8 Posted April 9, 2010 Share Posted April 9, 2010 Your mate needs specialist legal advice. I'm a criminal solicitor. PM me and i can see if i can assist But what anubis said is completely right, you can't be given an ASBO for something they have no evidence for.......... the word of some old, nothing better to do, busy body is not proof Quote Link to comment Share on other sites More sharing options...
waynehardy Posted April 9, 2010 Share Posted April 9, 2010 unfortunately thats where youre wrong! impositions of ASBOs do not carry the same standard of proof as most criminal allegations. Very little evidence is needed and they are very difficult to defend against once the process is set in motion...as i said....legal advice needed Quote Link to comment Share on other sites More sharing options...
Dene8 Posted April 9, 2010 Share Posted April 9, 2010 unfortunately thats where youre wrong!impositions of ASBOs do not carry the same standard of proof as most criminal allegations. Very little evidence is needed and they are very difficult to defend against once the process is set in motion...as i said....legal advice needed I may put this to the test and anonymously tip off the plod...... now who shall I make my test subject? Quote Link to comment Share on other sites More sharing options...
jacr87 Posted April 9, 2010 Share Posted April 9, 2010 Not proud of It but I have one too. From my Hyundai Coupe. Please officers said I left a junction too quickly (wheels were not spinning or anything) was not exceeding the speed limit. They gave me one due to harsh acceleration. Tried to fight failed totally tho. On the good side of it its off this year. Quote Link to comment Share on other sites More sharing options...
Madmarky Posted April 9, 2010 Share Posted April 9, 2010 Its all scare tactics, you cant get a asbo for a driving related offence. Look at the link Anubis posted, get your brother to ask what the terms of his ASBO will be. Quote Link to comment Share on other sites More sharing options...
ATTAK Z Posted April 9, 2010 Share Posted April 9, 2010 Not proud of It but I have one too. From my Hyundai Coupe. Please officers said I left a junction too quickly (wheels were not spinning or anything) was not exceeding the speed limit. They gave me one due to harsh acceleration. Tried to fight failed totally tho. On the good side of it its off this year. All Hyundai Coupe drivers should be issued with an ASBO ............ the car is FUGLY (but I hear the next one is a beaut) Quote Link to comment Share on other sites More sharing options...
BulletMagnet Posted April 9, 2010 Share Posted April 9, 2010 Its all scare tactics, you cant get a asbo for a driving related offence. My brother got an ASBO for doing a wheelie on his CBR600 at 3am past Buckingham Palace. Quote Link to comment Share on other sites More sharing options...
maz0 Posted April 9, 2010 Author Share Posted April 9, 2010 Your mate needs specialist legal advice. I'm a criminal solicitor. PM me and i can see if i can assist Cheers Wayne, I will PM you later on tonight once I have a word with him, see if I can get more information. Quote Link to comment Share on other sites More sharing options...
Madmarky Posted April 9, 2010 Share Posted April 9, 2010 Its all scare tactics, you cant get a asbo for a driving related offence. My brother got an ASBO for doing a wheelie on his CBR600 at 3am past Buckingham Palace. I stand corrected then. What are the terms they attach to these ASBO's then? Quote Link to comment Share on other sites More sharing options...
Dene8 Posted April 9, 2010 Share Posted April 9, 2010 I stand corrected then. What are the terms they attach to these ASBO's then? It's something like if you get caught three times being 'naughty' behind the wheel of your car, they'll take it off of you............ Quote Link to comment Share on other sites More sharing options...
mc Posted April 9, 2010 Share Posted April 9, 2010 another example of the motorist been seen as a soft touch!! if you have little scrotes causing trouble outside your house I bet it takes a lot more than 3 reports to get an asbo for them! so If I don't like someone and get 3 reports sent in of them alledgedly driving erratically then they should get an asbo?! Doesn't seem right to me! Quote Link to comment Share on other sites More sharing options...
jacr87 Posted April 9, 2010 Share Posted April 9, 2010 Not proud of It but I have one too. From my Hyundai Coupe. Please officers said I left a junction too quickly (wheels were not spinning or anything) was not exceeding the speed limit. They gave me one due to harsh acceleration. Tried to fight failed totally tho. On the good side of it its off this year. All Hyundai Coupe drivers should be issued with an ASBO ............ the car is FUGLY (but I hear the next one is a beaut) It was my third car previous to that I had a clio 1.2 then 172 had to get away from French cars so thought I would go with a Hyundai. Ever driven one? Quote Link to comment Share on other sites More sharing options...
UNABASHED Posted April 9, 2010 Share Posted April 9, 2010 I've driven one..quite liked it Quote Link to comment Share on other sites More sharing options...
Dene8 Posted April 9, 2010 Share Posted April 9, 2010 I've driven one..quite liked it Ssssssshhhhhhhh Quote Link to comment Share on other sites More sharing options...
Anubis Posted April 9, 2010 Share Posted April 9, 2010 God damn country - ASBO should be called a SOTW (Slap on the wrist) if you can get one for just pulling away too quickly! Total joke of a system (it doesn't count towards any criminal convictions) - so basically it is just a slap on the wrist. I wouldn't be bothered by it TBH - it doesn't actually do anything (it's like getting a parking ticket, you done wrong but oh well). I can't believe you can get branded something without going to court! Quote Link to comment Share on other sites More sharing options...
rtbiscuit Posted April 9, 2010 Share Posted April 9, 2010 one of the lads on the MR2 forum got ones ages ago for going round a round about with tyres "screeching" apparently. takes the pi$$ really you can accuse someone of something and with very little proof get done for it. no longer innocent until proven guilty. Quote Link to comment Share on other sites More sharing options...
Husky Posted April 9, 2010 Share Posted April 9, 2010 hmm i am slightly worried about what reports may come of the way ive driven my new car Quote Link to comment Share on other sites More sharing options...
ARphotographs Posted April 9, 2010 Share Posted April 9, 2010 one of my mates got an asbo for powersliding his ariel atom round a roundabout late at night! it seems a right shambles as i'd ask what training the people who reported it have? are they IAM? are they ex police? if not, i'm not accepting it! Quote Link to comment Share on other sites More sharing options...
Dene8 Posted April 9, 2010 Share Posted April 9, 2010 hmm i am slightly worried about what reports may come of the way ive driven my new car +1 If joe bloggs can just say i was driving like a tw@t and his word be good enough, i may very well have an ASBO on the way....... Quote Link to comment Share on other sites More sharing options...
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