Skip to content

Notice of Intended Prosecution-advice please?

Featured Replies

hello,i got a document through the post stating i was being investigated for dangerous driving,someone has made a complaint to the police about something I apparently have done,i don't really no what it is i am meant to have done though. but anyway im just after some advice,anyone here had one? what happened? i am freaking out a little bit

  • Replies 76
  • Views 6.2k
  • Created
  • Last Reply

Top Posters In This Topic

Most Popular Posts

  • Good grammar and punctuation is the difference between: A. Helping your uncle, Jack, off a horse. B: Helping your uncle jack off a horse.   Makes more difference than you think, and obviously wher

  • it should say on the NIP what the alleged offence is, its location and date/time, if you were not there its possible that someone who has a grudge against you is trying their luck or your plate has be

  • Your lack of punctuation alters the sense of what you write, and leaves you open to different interpretations. Interpretations which could be used in evidence against you.... I have been though a si

it should say on the NIP what the alleged offence is, its location and date/time, if you were not there its possible that someone who has a grudge against you is trying their luck or your plate has been cloned.

I've been here before myself, a previous car of mine was cloned and involved in an incident.

You must respond to the NIP, failure to do so is six points and a large fine. If you were not anywhere near the area, then you must start gathering evidence to prove you were not there. The onus is on you to prove you were not there, just the same as the person who complained will need to prove it was your car.

For me it took several months to sort out, but I did eventually get a letter confirming the case was closed.

You're not in Cumbria are you,?

When you say "I don't REALLY know what I'm supposed to have done" the use of the word "really" potentially speaks volumes

Do you have an idea of what it might be?

Dangerous driving isn't just an everyday lapse of concentration, it is generally seriously bad driving

Is the NIP a combined NIP and Sec 172 notice asking if you were the driver? If it is, you've got 28 days to reply naming the driver, otherwise that is an offence in itself (this is not an admission of the facts of the incident, merely who was driving at the time)

The notice should also give you an idea of where and when the incident took place

  • Author

i dont no, i live in Bedfordshire

  • Author

yes it has that,i think i no what it may be but i dont understand what made it dangerous, i understand that which is why im brickin it however i would never do anything dangerous, or what i think dangerous means. i will have to reply and say i was driving anyway,it on into the unknown for me here so if anyone can explain what will happen?

Once you've responded I'm guessing the police will be in touch to arrange an interview, I can't imagine they would just summons you for dangerous driving

That will give you the opportunity to say what you want to about it, then it will go off to someone to decide whether or not they have a case to prosecute

  • Author

yea an interview was mentioned,the station is miles away,not even in the same town i was apparently reported in. would i be able to use a friend as a witness? they werent in my car i just saw them

Can you divulge to us what 'apparantly' happened, for you to get this letter?

How can they prosecute you for dangerous driving based on the word of another member of the public without any evidence??

  • Author

it happened on the 31st of august at 0745, i would remember something dangerous happening but anyway i overtook 2 cars, i think,on a straight piece of road,i pulled in behind a friend who was following a truck and sat there. thing is in my eyes nothing dangerous happened so i dont really remember much. im not sure i even went over the speed limit, the truck was pretty slow to

There's too little info coming out here

You're friend who wasn't in your car, you just saw him

Where did you see him?

If he didn't see the incident, how can he be a witness?

You can get in touch by phone or letter with the address on this Document you received to ask what this is about.

 

Who did the Document come from?     Was it a Police Force?

You can get in touch by phone or letter with the address on this Document you received to ask what this is about.

Who did the Document come from? Was it a Police Force?

Who else can issue an NIP, George?

The question is because it does not say in the Post.  

I know who issues a NIP.    

Notice of intended Prosecution.      

 

The OP says it is a Document saying they are being Investigated,   Is that the same thing?     I do not know anything about English Law on NIP's. 

 

Is this a Genuine one though?

  • Author

my friend saw me in her mirror as i finished my overtake and tucked in behind her car. it is genuine i had to ring the officer who had written it all down

Then get Professional Legal Advice from a Solicitor .

 

& when telling them the Story, tell all the details at the start so that they fully understand what happened and when.

It will save confusion, and misunderstandings.

(from idiots like me, as an example.)

 

good luck/

Edited by goneoffSKi

  • Author

im awaiting a call from a solicitor. i have never had a driving incident like this so im pretty anxious about the whole thing,i dont want to lose my licence

From the CPS website -

 

 

What is 'Dangerous driving'?

A person drives dangerously when:

  • the way they drive falls far below the minimum acceptable standard expected of a competent and careful driver; and
  • it would be obvious to a competent and careful driver that driving in that way would be dangerous.

Some typical examples from court cases of dangerous driving are:

  • racing, going too fast, or driving aggressively;
  • ignoring traffic lights, road signs or warnings from passengers;
  • overtaking dangerously;
  • driving under the influence of drink or drugs, including prescription drugs;
  • driving when unfit, including having an injury, being unable to see clearly, not taking prescribed drugs, or being sleepy;
  • knowing the vehicle has a dangerous fault or an unsafe load;
  • the driver being avoidably and dangerously distracted, for example by:
    • using a hand-held phone or other equipment
    • reading, or looking at a map
    • talking to and looking at a passenger
    • lighting a cigarette, changing a CD or tape, tuning the radio.

 

A lower threshold for Dangerous Driving than I'd have imagined. Minimum 12 month ban and resit. You probably don't want to look at the other end of the scale.

 

Also they wouldn't do anything on the word of one driver. Unless that one driver had you doing something on a dashcam or the driver was a police officer.

 

Overtaking two cars and pulling in seems unlikely to have triggered this unless someone had to brake aggressively to let you in or something else happened.

 

http://www.lawontheweb.co.uk/Road_Traffic_Law/Dangerous_Driving

Edited by Aspman

i dont no, i live in Bedfordshire

That's good, as thought you might be the person I caught on camera a month ago. :D

At least you have a friend for corroboration.

So were you observed by the police doing what they consider a dangerous driving, or a member of the public?

 

I received one of these when it was claimed I went through a red light. I confirmed I was in the area that day, however had no recollection of this. I simply asked for photographic proof of me doing this offence and then heard nothing back.

^^BTW _ genuinely had no idea if I did do this or not, I don't condone amber gambling or red light jumpers^^

It sounds in this case it's a member of the public which isn't exactly the best basis for a prosection, however IF they have the footage on a similar device to what I have in my car (DR400G - and caught a Yaris blazing a roadworks set of red lights!) then the footage could well be damning if judged to be dangerous.

Does the date and time in the NIP match with your driving in that part of the world?

Create an account or sign in to comment

Recently Browsing 0

  • No registered users viewing this page.

Important Information

Welcome to BRISKODA. Please note the following important links Terms of Use. We have a comprehensive Privacy Policy. We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.

Account

Navigation

Configure browser push notifications

Chrome (Android)
  1. Tap the lock icon next to the address bar.
  2. Tap Permissions → Notifications.
  3. Adjust your preference.
Chrome (Desktop)
  1. Click the padlock icon in the address bar.
  2. Select Site settings.
  3. Find Notifications and adjust your preference.