My rights as a supsect.......

plasmahal said:
All I know is there was contact between my foot and the car. As I was not injured any alleged damage cannot be that severe.
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Now is the time to come clean, did you kick the car on purpose or did your leg brush against the car. How can you say 'it all happened so quickly' so you can't remember. I put it to you plasmahal that you kicked the BMW with as much force as you could.

Thats all your honor.

:D
 
Just from what the OP has stated, we have no idea whether he is guilty or not, but his words are being used against him (which is exactly what the Police/CPS/Prosecution would do).

This is why I would always suggest saying as little as possible. Spill your guts at your own peril.

Give the Police as little ammunition against you, as possible.

Many people in this thread think the OP is guilty and that is exactly the same attitude with which a police officer will approach with (that is his job, after all). The more the OP explains, the more guilty he is sounding.

I'm hoping for the OP's sake, that this all goes away, because by the sounds of it, the officer in charge, doesn't seem that interested. But, if you do end up in an interview situation, say as little as possible and if your solicitor is present explain everything to him and ask him how you should approach the questioning. Explain that you do not want to hang yourself and have your own words used against you. At this point, the solicitor may even advise you to not say anything during the interview.

A question that has not yet been answered though: if someone goes in to an interview, as a suspect, voluntarily, is he entitled to free legal representation, from the on-duty solicitor?
 
sunama said:
Many people in this thread think the OP is guilty and that is exactly the same attitude with which a police officer will approach with (that is his job, after all). The more the OP explains, the more guilty he is sounding.
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Yes, we have based this on what he is telling us. We're not twisting things, we're asking very basic, VERY basic questions which he cannot explain.

You hope he gets off? We don't know if he is innocent, but you hope he gets off?

If I drove by and he kicked my car, I would want him to face legal action.
 
sunama said:
A question that has not yet been answered though: if someone goes in to an interview, as a suspect, voluntarily, is he entitled to free legal representation, from the on-duty solicitor?
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The legal advice will be free, its a right regardless in arrest or not, the chances are he will be arrested on attendance anyway.
 
I dont think anyone is twisting anything just going on the information provided, and that's all the police can do, if you give little to no evidence i.e give a full no comment interview you have given no defence. Yes its your right to go no comment but read the rest of the police caution on why its not always the best idea.
 
Damn some of you seem retarded...just because he said it happened so quickly that he cant remember exactly how his foot made contact with the car does not mean the op is suddenly guilty of kicking the car!? Also, from what he has said about the speed of the car, do you really think you would have time to react in such a way to kick it on purpose? because i dont think i would. Also, its not as if the side skirts of the car are knee height, especially on a bmw so i can easily see how his foot could have made contact with the bottom of a door....

EDIT: One last thing...why the hell would he contact the cops and ask about CCTV if he had kicked it. That would be dropping himself in it dont you think? :/
 
Fiocca said:
i can easily see how his foot could have made contact with the bottom of a door....
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You can?

Perhaps you'd like to explain then how your foot makes contact with the bottom of the door of a car travelling at 30mph when you are simply walking normally, it'd be interesting to hear :p
 
What do you do as an instant reaction when theres a close shave like that? Your body leans back and sometimes you raise one of your feet to try to balance. That may not be the case but is one theory, it's not black and white at all
 
I will just add that the driver( how is it relevant that it was a BMW?) could be pinning prior damage on the OP.

To the OP

If you have one or more witness and are confident that they agree with your account then I would not panic. You can always give the BTP a voluntary written statement which gives you the opportunity to carefully consider your recollection of the incident.
 
Fiocca said:
What do you do as an instant reaction when theres a close shave like that? Your body leans back and sometimes you raise one of your feet to try to balance. That may not be the case but is one theory, it's not black and white at all
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If the car is travelling at 30mph it's gone before the instant reaction has kicked in with enough force to impact the vehicle, surely?

At 30mph the car is travelling at more than 13 metres a second - and a typical 3 Series is 4.5 metres long. It's no longer in front of you in less than a second.
 
AndyCr15 said:
You hope he gets off? We don't know if he is innocent, but you hope he gets off?
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Hang on...you are assuming he is guilty, until presumed innocent.
I am presuming innocence until proven guilty.

My comment is that 'I hope it goes away', is based on the his opening post, where he states that he did nothing wrong. If this is the truth, then why shouldn't I wish well for him?

If he had stated that he did kick the BMW, hard enough to put a dent in it, for no reason, then my reply would've been different.

And with regards to twisting his words and using it against him...that's exactly what you are doing.

Fioca said it best...

Fiocca said:
just because he said it happened so quickly that he cant remember exactly how his foot made contact with the car does not mean the op is suddenly guilty of kicking the car!?
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Presuming guilt, if someone cannot prove their innocence...is that how society is now working? If so, I was completely unaware.
 
[TW]Fox;19823537 said:
If the car is travelling at 30mph it's gone before the instant reaction has kicked in with enough force to impact the vehicle, surely?

At 30mph the car is travelling at more than 13 metres a second - and a typical 3 Series is 4.5 metres long. It's no longer in front of you in less than a second.
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But your reaction is also probably less than a second so it is still possible. Think about it, your looking slightly left, all of a sudden a car is right infront of you, your body would naturally "jump" uncontrollably very quickly. If in that moment his body leaned backwards, probably on one foot as he was walking at the time, his other foot would naturally move forward to counter balance.

Try it for yourself, stand up and lean backwards on one foot and see what the other does then think about combining that with the instant shock reaction. Totally possible imo!
 
I'm quite surprised I was the first one to bring this foot height 'problem' up because of all our OCUK Detectives who are usually good at this (especially Fox).
If this was on my desk (and this is what I do), I would be taking this into my manager:

1) Claimant walking across zebra crossing
2) Car doing 30/40 mph while swerving away to the opposite side of the road
3) Claimant puts foot forward which would be about 2" off the ground
4) Claimant hears audible bang on his foot and driver must have heard it also
5) The only thing that could have hit him (if telling the truth) was the tyre and if the tyre had hit him I would expect if he had one foot off the ground he would have been spun round like a spinning top. He could even have had damage done to his knee if it was an unexpected hit (these points need experts opinions).
6) If he had suddenly stopped, leaned back with his foot at door height and been hit then I would think he would be knocked off his feet (expert opinion needed).
7) If he knew full well what he was doing then kicking the door would have kept him on his feet with no damage to himself (I have seen this done a couple of times).

At this point my Manager would get expert advice, pass it to the Claimants Solicitors and he/she would raise an eyebrow and not continue the case.
OP hasn't got a leg to stand on (sic).
 
Fiocca said:
Damn some of you seem retarded...just because he said it happened so quickly that he cant remember exactly how his foot made contact with the car does not mean the op is suddenly guilty of kicking the car!? Also, from what he has said about the speed of the car, do you really think you would have time to react in such a way to kick it on purpose? because i dont think i would. Also, its not as if the side skirts of the car are knee height, especially on a bmw so i can easily see how his foot could have made contact with the bottom of a door....
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You're basing this all on one persons statement. I hope you're never in any position of power. Who said it was all so quick? Who said the car was going so fast?

Kick a ball to someone not looking and shout them at the last second. Call to someone and kick them the ball. Which way are they more likely to swing a foot and make contact?

sunama said:
Hang on...you are assuming he is guilty, until presumed innocent.
I am presuming innocence until proven guilty.

My comment is that 'I hope it goes away', is based on the his opening post, where he states that he did nothing wrong. If this is the truth, then why shouldn't I wish well for him?

If he had stated that he did kick the BMW, hard enough to put a dent in it, for no reason, then my reply would've been different.

And with regards to twisting his words and using it against him...that's exactly what you are doing.
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Please quote where I actually said he is guilty. Again, taking one persons statement and assuming that to be the truth.

Where have we twisted? A few of us are questioning how his foot has got to door level and hit the side of a speeding vehicle with enough for to damage it, and he hasn't been able to tell us, that's all.

If someone tells you what happened and it doesn't add up, it's perfectly acceptable to question that. Since when has questioning meant accusing? ...is that how society is now working? If so, I was completely unaware.
 
Fiocca said:
But your reaction is also probably less than a second so it is still possible. Think about it, your looking slightly left, all of a sudden a car is right infront of you, your body would naturally "jump" uncontrollably very quickly. If in that moment his body leaned backwards, probably on one foot as he was walking at the time, his other foot would naturally move forward to counter balance.

Try it for yourself, stand up and lean backwards on one foot and see what the other does then think about combining that with the instant shock reaction. Totally possible imo!
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seriously, to make a dent in a car needs some significance force. now if the OP had gotten hit hard enough to make a dent in the car a) he would have been thrown to the ground by the car esp with 1 foot off the ground b) he would have sustained some sort of injury either from the car or the ground, a car travelling at 30-40 mph is enough to kill a normal individual

i've actually seen people hit by a car that was screeching to a halt, and they flew

if i walked into my car i don't think i would ever dent it
 
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