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Aggressive close pass driver says he killed cyclist before and "got away with it"

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swldx...@gmail.com

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Sep 27, 2022, 1:02:34 PM9/27/22
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This is the story of a road.cc reader who suffered a shocking road rage incident which left him fearing for his life after a close pass driver threatened he had killed and seriously injured cyclists in the past and got away with it.

The situation was so serious the reader told us that after the confrontation — once the driver had sped off — he recorded a message telling his wife he loved her, in fear of the motorist returning to attack him.

With the footage reported to Warwickshire Police it was decided the incident would be pursued as a public order offence, not a traffic offence, and the driver was cautioned for his behaviour.

"I genuinely thought he was going to drive at me"

The story began when the road.cc reader went for a weekend spin around some local roads in Warwickshire back in February.

"This particular road is is one of my favourites," he told us. "It's not very busy so I ride it often. I was aware that there was a vehicle behind me, but I didn't know there were two vehicles.

"The white car overtook me and gave me a decent amount of space, as much as can be expected on that road, that was completely fine. It was the guy after in the black car that deliberately came super close."

Having shouted out to the driver during the close pass, a roadside back-and-forth ensued in which the driver said the cyclist should have moved over before making the threat: "I've killed one of you guys before, and seriously injured another, and I got away with it."

"It all finished and he sped off and I genuinely thought he was going to go down the road, turn around, come back and drive at me. There's nowhere to go on that road. All it would take is for him to aim a little bit that way and I'm toast," he explained.

"At the very end of the original footage is me talking to the camera, speaking to my wife to say 'if I don't get back or don't survive this, I love you'.

"It didn't feel like an empty threat."

The cyclist called 999 and later on, with the help of cycling insurer ETA Services LTD (link is external), he was able to improve the quality of the video to give Warwickshire Police the best chance of taking action, uploading it via the Operation Snap portal.

The driver was invited to speak to the police voluntarily, told officers he had changed medication which caused mood swings, and was ultimately cautioned for a public order offence. As it was not treated as a traffic offence no penalty points or fine were applied.

"I wanted him to go on a course," the road.cc reader continued. "If he walked away with an appreciation for what it's like to be a cyclist and see how close passes feel, then that would have been great."

Although many will undoubtedly view the caution as lenient considering the seriousness of the footage, the road.cc reader said he was content with the outcome and had to weigh up whether it was worth going through a lengthy court process in the hope of a sterner punishment.

A caution, unlike the warning letter for a traffic offence often seen in our Near Miss of the Day series, can be used as evidence of bad character in future court appearances and shows on standard and enhanced Disclosure and Barring Services (DBS) checks, standard in most employment processes.

"If we took it through court we'd have to go through the full legal system, with a massive backlog. God knows how long it would take when it gets there, and even then you don't know what's going to happen," the cyclist said.

"I was content with the outcome. Warwickshire Police were in touch regularly and my case was picked up by a sergeant who called me a couple of times to talk through the process."

"Not acceptable"

PC Ken Bratley said: "This shocking piece of footage was brought to our attention when the cyclist submitted it to Warwickshire Police following the incident in Cathiron Lane, Rugby on 27 February 2022.

"An officer reviewed the footage and found the behaviour of this driver was not acceptable and he received a caution on 18 August 2022 for the Public Order offence.

"Road safety is a shared responsibility and we are asking drivers to look after our more vulnerable road users such as cyclists by leaving at least 1.5 metres when overtaking cyclists at speeds of up to 30mph, and give them more space when overtaking at higher speeds."

Warwickshire Police encouraged riders to submit video footage of dangerous driving and close passes via the Operation Snap portal (link is external).

https://road.cc/content/news/close-pass-driver-threatens-cyclist-296227

Spike

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Sep 27, 2022, 3:47:03 PM9/27/22
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…remember the driver that was ‘decked’ (i.e. killed) by a single punch from
a cyclist, his two companions scarpering and never caught.
--
Spike

swldx...@gmail.com

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Sep 27, 2022, 3:58:12 PM9/27/22
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Clearly a twat who can't drive safely, likes to boast and to top it all he really doesn't know what he's talking about. "It's against the law for you to hold the.. traffic up... you can't stop the flow of traffic...You're supposed to pull in".

TOSSER.

Spike

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Sep 27, 2022, 5:49:54 PM9/27/22
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When cycling, KEEP WELL TO THE LEFT.

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Spike

Brian

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Sep 28, 2022, 12:47:37 AM9/28/22
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So the uploaded video used as evidence was doctored / faked.

What is the penalty for perverting the course of justice?

swldx...@gmail.com

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Sep 28, 2022, 5:57:23 AM9/28/22
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Tbf a caution is pretty serious outcome for it, remember as it says in the article it can impact employment opportunities that use DBS checks as well as foreign travel if the country you are visiting insists on a police certificate to show you're a good citizen , as well as counting against you in future court appearances or prosecutions.

If this guy ends up being reported again for a close pass, it's far more likely he'd then be taken to court to be dealt with, than simply sent on a course or given a warning letter.

Brian

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Sep 28, 2022, 8:28:11 AM9/28/22
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Not as serious as the penalty for perverting the course of justice.

Tell me, which countries require a ‘police certificate’ for UK visitors?
I’ve travelled more than most and, while I’ve no criminal history etc -
I’ve held both security clearances and CRBs / DBSs, only expired due to
being retired- I’ve never been asked for a ‘police certificate’. The US
asks visitors to make a declaration and I believe those with a ‘history’
can require a Visa or be refused admission obtained in advance. However, it
addresses serious crimes - moral ‘turpitude’ ( I like that term), drugs,
war crimes etc.



swldx...@gmail.com

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Sep 28, 2022, 9:20:21 AM9/28/22
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"If you have changed medication that is making you irrational, angry and making rash angry and aggressive choices don't fucking drive your car!

I am feeling psychopathic today, time to take my gun for a walk, hope nothing goes wrong...."

Spike

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Sep 28, 2022, 12:16:49 PM9/28/22
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🙄

--
Spike

swldx...@gmail.com

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Sep 28, 2022, 1:11:56 PM9/28/22
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Would have been better if the caution was conditional on the driver taking an anger management course.

An unconditional caution would be "spent" immediately and won't show up on a Basic DBS check (a conditional caution would be "spent" after 3 months). An employer needs a valid reason to run a Standard or Enhanced DBS check - e.g. working with children or vunerable adults.

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