Notice of Intended Prosecution

[shav4life]

Hi all,

 

It's my first time posting here so please bare with me.

 

I have just recieved an NIP accusing me of both careless driving and dangerious driving.

 

The accusation refers to a few nights ago when I was coming home on a road which had national speed limit of 70 MPH.

 

I was on the fast lane and there was a car behind me which was tailgating me with full beam on. I got a bit annoyed as he had full beam on and was driving really close to my rear, I slowed the car down to about 40 and moved to the slow lane, he wouldn't back off and kept on tailgating me. I changed lanes a few times but he wouldn't back off still.

 

After a bout 15 minutes of me slowing down and picking up speed to get rid of him I gave up and stopped at the hard shoulder and that is when he left.

 

The NIP doesn't say where they have obtained their information or anything of that sort, and the dangerous driving box which has been ticked under it there are are two more boxses one says section 2 and the other section 28 none of them have been marked. same goes for the box which says careless driving (section 3 and 29), none of the boxes under it have been marked.

 

I have being driving for almost 4 years with no convictions and/or any other criminal offences of any type.

 

I would really appriciate some suggestions here and any idea what might happen. I seriously do not want to go to prison for 2 years as I read on the internet the maximum penalty is.

 

Thanks,

 

P.s. I truly didn't think what I did was careless or dangerous driving otherwise I would not have done it.

Edited July 6, 2010 by shav4life

[totiesquoties]

hi shav4life,

 

i would either go immediately to the citizens advice bureau, take all documents with, go early and be first in queue, if you ring you may not get through as very busy, we found, or ring a solicitor some will give 15 minutes free advice if you look probably in yellow pages, try to pick one that specialises in this area, it should say, best i can think of at present, someone else might also answer this post soon, all the best,

totiesquoties.

[shav4life]

Thanks a lot for your advice. I think I should speak to the officer in charge of my case first and see if he can tell me what sort of proof they have against me. Only problem is he has taken the week off and I have to wait until next week to speak with him. Time is just not going fast enough

[sailor sam]

Hi

 

This is very strange. I would of thought being charged with dangerous/careless driving will need either CCTV evidence or the evidence of a police officer.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[shav4life]

Hi

 

This is very strange. I would of thought being charged with dangerous/careless driving will need either CCTV evidence or the evidence of a police officer.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

Would they have put it on the NIP if they had CCTV evidance or police officer's evidance? and what do you think the maximum penalty will be?

 

Considering I was provoked and I have a clean record.

 

Many thanks in advance.

[sailor sam]

I have never heard of an offence as serious as this being dealt with this way. I would of thought you would have been interviewed under caution and then formally charged before it can go through the courts.

 

You are entitled to see the complainant's statement for a start. Is there any chance you can post the NIP (after removing any personal details) so we can see what exactly is going on here?

 

Also I don't see how you can be charged with both careless AND dangerous driving. The latter carries a mandatory 12 month ban and in serious cases, a custodial sentance. It's possible that they will reduce the charge to careless driving which carries a fine UP to £2,500, a discretionary disqualification period or between 3 and 9 penalty points.

 

I think you will need to speak to a solicitor who deals with motoring offences but lets see what the others think.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[shav4life]

Basically 4 letters have come, 2 of them are application for name and address of driver, the second 2 are the NIP.

 

this is how it goes:

 

the driver of motor registration: xxxx

 

is alleged to have committed an offence of dangerous/careless driving

 

at location xxxxxxxxx between 10:00 to 10:34 hours at xx/xx/xx date (they say the duration of the offence was 34 minutes) I changed the night time to day time for privacy.

 

they want name and address of the driver who was driving the car at the time which was me.

 

that was the application for name and address of driver.

 

then the other 2 letters which are the NIP

 

say consideration is given to take proceedings against the driver for comitting one of more of the following offences.

 

(driving danerously) the box is marked but section 2 and 28 under it are unmarked.

 

driving without due care (section 3 and 29 under it) are not marked.

 

then it says this is not neccessarly an indication of prosuction , but law requires them to send this within 14 days of the indicident etc etc.

 

 

it doesn't say anything else. it looks like a template that has been filled, there is no explaination of what is the accusation about and why.

 

many thanks

Edited July 6, 2010 by shav4life

[sailor sam]

If thats exactly how its worded, then you will be charged with either offence. My guess is that the other driver has made a complaint to the police. In which case it will be his word against yours so at this stage I would'nt worry too much because there will need to be evidence (like I said before) to bring about a sucessful prosecution.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[shav4life]

If thats exactly how its worded, then you will be charged with either offence. My guess is that the other driver has made a complaint to the police. In which case it will be his word against yours so at this stage I would'nt worry too much because there will need to be evidence (like I said before) to bring about a sucessful prosecution.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

I also thought it might have been the other driver, he might have done this to cover his back in case I made a complaint against him. I have 3 witnesses who were passengers in my car and they will testify that the other driver initiated this. he is a lot older than me, so he might look more credible should this go to court, thats the only thing I'm afraid off. what do you think the sentencing will be, say if i lose in court.

 

I also don't see how they can take someone to court simply based on a witness's account, am hoping the case will be dropped because I really don't like having to deal with court even though I do feel innocent, i just don't like the hassle.

 

many thanks

Edited July 6, 2010 by shav4life

[buzby]

Just a thought - could it be that the vehicle you complain of is/was a police vehicle? I've seen instances of drivers who do not make way for police viehicles being done in this way, the car's CCTV evidence bewing used insupport of the prosecution.

[sailor sam]

Just a thought - could it be that the vehicle you complain of is/was a police vehicle? I've seen instances of drivers who do not make way for police viehicles being done in this way, the car's CCTV evidence bewing used insupport of the prosecution.

 

I did think of this Buz, but then why would the vehicle also follow the OP when he changed lanes? Also I would of thought the OP would of noticed any blue flashing lights.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[shav4life]

Just a thought - could it be that the vehicle you complain of is/was a police vehicle? I've seen instances of drivers who do not make way for police viehicles being done in this way, the car's CCTV evidence bewing used insupport of the prosecution.

 

 

If it was a police car shouldn't have had some sort of flahing lights indicating it wants me to give way, he had full beam on consistently which could have dazzled me and that is definitly ilegal to do.

 

He also provoked me by (when he over took me) he stayed in the middle of the two lane blocking and not allowing me to get past him.

 

I just had a nother look at the NIP again and I found another interesting piece of info, it has names of 3 roads on which it alleges I was driving dangerously on, however the incident took place on only one of them. I was still in sight of the car on the other two but we were at least 10-15 cars apart at all times.

[mightymouse_69]

You have not been charged yet, It seems that the police are investigating the incident and a decision will be made by the CPS whether to prosecute.

 

The two charges can be treated as alternative charges - i.e. If they charge one, the other will be dismissed.

 

It is early days yet. The CPS has to decide whether to charge. There are certain tests that have to be looked at. The most important one here is the evidential test. Will the Crown have enough evidence to prove beyond reasonable doubt?

 

Should they charge with the dangerous driving, the case could go to Crown Court or Magistrates.

 

If the charge is one of careless driving it can only be heard in the Magistrates Court.

 

If charges are bought you will be advised on legal aid.

 

At the moment, there is not a lot you can do really. Get your witnesses to write their accounts of the incident down so that information is not lost.

[mightymouse_69]

Further, the latest info you have about the road names seems to suggest that the complainant is indeed the other car driver.

 

This could be good news: It may mean there is not much more evidence.

[shav4life]

Further, the latest info you have about the road names seems to suggest that the complainant is indeed the other car driver.

 

This could be good news: It may mean there is not much more evidence.

 

 

Say i get taken to court, considering my clean previous record and no injuries or any damage was cauaed, what do you think the puniahment will be.

 

Many thanks

[sailor sam]

Say i get taken to court, considering my clean previous record and no injuries or any damage was cauaed, what do you think the puniahment will be.

 

Many thanks

 

I detailed this in my earlier post #6.

 

I think you are looking too much on the negitive side. as previously been said; they need evidence to convince the CPS there is a chance of a sucsessfull prosecution. And you havn't been charged yet. From what you have said, I think it is highly unlikely there will be sufficient evidence to progress this to court. Unless of course there is more to this which we don't know about.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[shav4life]

I detailed this in my earlier post #6.

 

I think you are looking too much on the negitive side. as previously been said; they need evidence to convince the CPS there is a chance of a sucsessfull prosecution. And you havn't been charged yet. From what you have said, I think it is highly unlikely there will be sufficient evidence to progress this to court. Unless of course there is more to this which we don't know about

 

No I have stated everything here fully and honestly, by the way I was delighted to find out that they claim the incident occured on 3 roads which is totally untrue, it should make the person who made the accusation (presumably the other driver) look much less credible.

 

The reason I look at the negative side too much is that this is the first time in my life I have been put in a situation like this , i have never been stopped by police or questioned or had to deal with them for anything at all. I just don't know how the process works.

Edited July 7, 2010 by shav4life

[mightymouse_69]

Say i get taken to court, considering my clean previous record and no injuries or any damage was cauaed, what do you think the puniahment will be.

 

Many thanks

 

Impossible to say really.

 

It is something your legal representative will be able to advise you on if and when you get charged.

[shav4life]

Impossible to say really.

 

It is something your legal representative will be able to advise you on if and when you get charged.

 

 

Ok, many thanks for all of you who have responded to my thread. I have returned the required documents and awaiting their response.

 

I will update you on the out come.

[Yellow160]

any news on this?

[shav4life]

any news on this?

 

Thanks for your interest in my topic. no news, I haven't heard a single thing from them yet. I contacted them and they confirmed they have recieved my papers and it's still under investigation. but this is taking very long, I hope they are not busy preparing a case for court.

[shav4life]

for any one who might still be interested I recieved a letter on the 27th of October from the police saying they have completed their investigation and no further action will be taken. Thanks to all those who contributed to my thread. Best wishes and Happy new year to every one.

[IdaInFife]

thanks for the update