Please Help!

[Tony Starks]

Good Morning Ladies and Gents,

 

I received a "intent to prosecution" letter from the Police. They have put charges of "failure to stop after collision", "failing to report a collision" and "driving without due care and attension".

 

In July I was picking up my girlfriend from Heathrow Airport. And I realised I was going towards the wrong junction (I wanted to go the the M25). Thankfully I just made into the right junction. I did not collide with ANYTHING. My Car is still in pristine condition. I have no idea how these people think I collided with something!

 

When I did turn into the right junction the car behind me did not horn or flash their lights at me. The other thing is, I did not see any collision, I did not hear any collision, how can they accuse me for not reporting somthing I didn't see or hear?!

 

Hypothetically If i was convicted on these three charges, what is the worse thing that can happen to me? Can I get a Criminal Record?

 

Your help would be really greatful. I am quite worried, I have never been in trouble with the law in my life.

Edited August 19, 2009 by Tony Starks
need to add words to complete sentence

[Graham117]

You should consider seeing a solicitor about this. It of course could be a case of mistaken identity (it does happen). If you haven't been in any accidents, then it would be unlikely the magistrates would convict you. Hypothetically, if they did, you'd be looking at 5+ points on your licence, depending on the seriousness of the crash, and a fine. You would also get a Criminal Record. The 'Failing to Stop / Report Road Accident' is the most serious charge. As far as I'm aware, 'Collision' isn't a criminal charge.

[Tony Starks]

Thank you for your reply Graham. The thing is, I didn't collide with anything. My car doesn't even have a scratch! I didn't see or hear any accident, so there's nothing for me to report! If I did cause a accident that's another matter, I would do what any law abiding citizen would do. I don't understand how they can chargeme with this?! It doesn't make any sense.

[patdavies]

When in July? The reason I ask is that the Police only have 14 days from the date of offence to serve the NIP on the registered keeper.

 

You must respond to the S.172 request to name the driver at the time. If you do not, you will be guilty of 'failing to provide' which is upwards of £200 and 6 points.

 

At this stage the Police are only seeking information - there was probably an incident and your VRM was recorded (rightly or wrongly) - to take it further they will need to interview you under caution.

 

If you are convicted, you will not have a criminal record - these are defined as non-recordable offences.

[Tony Starks]

Thank you for your reply too Pat. But I am a little confused, Graham thinks I would get a Criminal Record, but on the other hand you say I wouldn't. Could anyone please confirm?

 

Thanks again for your help guys.

[green_and_mean]

You don't have to hit anything or damage your car the law states that you have a responsibility to stop in a case where, owing to the presence of a Mechanically Propelled Vehicle on a road or other public place, an accident occurs. For example if you changed lanes suddenly causing someone to swerve and crash you have a duty to stop.

 

Road traffic act 1988 is the relevant legislation.

[Graham117]

Both the charges are criminal offences, but I didn't know about the 'non-recordable' bit. On investigating, it turns out most driving offences are 'non-recordable'.

 

I stand corrected!

[Tony Starks]

You don't have to hit anything or damage your car the law states that you have a responsibility to stop in a case where, owing to the presence of a Mechanically Propelled Vehicle on a road or other public place, an accident occurs. For example if you changed lanes suddenly causing someone to swerve and crash you have a duty to stop.

 

Road traffic act 1988 is the relevant legislation.

 

 

But when I looked back, there was no such swerving and crash when I looked back. There was no sound of a accident nor did I see a accident.

[Graham117]

Just be as helpful as you can for the moment. They will give you the full details of what's supposed to have happened if they intend to take matters any further.