Notice of Intended Prosecution-advice please?

[steved83]

The threshold for dangerous driving is actually quite high, albeit from the above it does not sound like it. The CPS would never charge dangerous driving on the basis of "a" member of the public ringing up about what they think is dangerous driving. There would have to be a number of witnesses, video evidence, or resulting in collision, the standard has to fall far below and be continuous as opposed to a single lapse in concentration/driving standard.

The sec172 notice sent to you will be a standard/blanket letter. As mentioned before fill it in otherwise its more trouble for what could be nothing.

In relation to dangerous driving - two cars seen racing by member of public on a road side by side on single carriageway road, 30mph limit, snowing with heavy ground coverage. One vehicle crashes ends up upside down. Second racer stops and fully admits to racing to see who was faster. Has insurance black box shows maximum speed of 67mph. No other parties involved. Both (racers) charged dangerous, court sees careless, less than 6 points each.

Bit of perspective.

[Jigger72]

I didn't realise that overtaking was illegal? Must have been more than that and the police must have some kind of evidence or they're seriously wasting resources. I can't believe for a moment they would bother with this if it was on the say so of one solitary member of the public?

 

Did you overtake over fixed-line chevrons? Or through traffic lights, pedestrian crossing, over a right turn lane, into oncoming traffic?

 

Sounds fishy to me but I guess you just have to go and find out.

[swoggles]

looking at that list i dont think i would have fallen into any category, and i no i wouldnt have just forced my way causing people to brake, that is dangerous in my opinion. i dont honestly think i have done anything wrong, but i feel like i have now a letter has arrived. apparently he has 1 witness and is trying to contact others,i think someone has complained and he is trying to follow it up. on the phone he told me not to worry yet. whaaaatttt! how can i not worry at the potential of fines points or losing my licence :s

[devonutopia]

Sounds like the work of someone feeling aggrieved for whatever reason. Without any kind of proof there's sod all chance of a prosecution in my opinion. Ps my opinion is worth sod all as I'm not a lawyer...

[swoggles]

haha its still useful to no,i think so,the ticket was for dangerous driving but its crossed out speeding so apparently i was dangerously in the speed limit on a straight piece of road lol im glad i have relaxed now,i was **** scared yesterday

[Jonny5ive]

I'm lost.

[vindaloo]

I'm lost.

 

 

Me too....

 

@OP: I realise this is all a bit traumatic but calm the frack down and use some capitalisation (limited!) and punctuation.

 

Best I can suggest is to record any future conversations on the subject. Especially with the Police. Also try pepipoo website. <Ahem> To get any use off them you'll have to get a bit orderly rather than scrammed.

 

J.

[swoggles]

I will record future conversations,scrammed? not a term i'm familiar with! **** now the punctuation police are trying to get me haha i appreciate my use of correct punctuation and capital letters is bothering you, however its totally irrelevant at the moment. i will check this website out, thanks!

[nickguzzi]

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 similar(but non motoring) experience because of a malicious accusation. If you think people on here are not being supportive enough, or picky over the words you choose or the way you say them, wait for the police interview.

Get your act together. Don't make it worse. If it were me, I'd be getting a solicitor involved sooner rather than later. I certainly would not do an interview without one.

You are being investigated for a potentially serious offence. A solicitor should make sure all evidence is presented properly and ask the right questions at the right time. You may get quite stressed and not be totally on the ball to do so.

I do hope it all gets sorted for you.

[rover220]

If you want some useful factual based advice then I suggest you visit pepipoo.com

[swoggles]

I understand what you mean now,apologies. I am fully aware of how serious this is, i havent been able to think about anything since the letter came through! Except what i could have done thats so serious! im stumped, i dont believe i have done anything that bad. I have read not to do an interview without one, i just hope i can afford one,im not exactly wealthy.

[nickguzzi]

You will be a lot less wealthy if you get spanked.

Will it affect your job?

I know exactly how stressful it is. My case could have lead to the end of my career, possibly a custodial.

My solicitor told me before we went in:

I am not obligated to answer any questions.

Most people provide the evidence needed for their prosecution.

The police are not bound to tell the truth.

The form of words can make a great deal of difference. The less you say the better. Not likely, but don't be a smart ass.

Still hoping for the best.

[swoggles]

i work 20 miles from my home and i need my car to get there. I no :( how badly do points affect your insurance? I dont want to say much at all tbh but i will have to at some point.

[samj2013]

I will record future conversations,scrammed? not a term i'm familiar with! **** now the punctuation police are trying to get me haha i appreciate my use of correct punctuation and capital letters is bothering you, however its totally irrelevant at the moment. i will check this website out, thanks!

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 where the law is involved, it's important that people understand what you're trying to say!

[Toxicvrs]

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 where the law is involved, it's important that people understand what you're trying to say!

at B

[swoggles]

haha that was a quality example ,i understand

[steved83]

If you are being interviewed by the Police, either custodial or as in this case non-custodial the you will be entitled to free and independent legal advice offered by officers interviewing you.

[Soot1e]

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 where the law is involved, it's important that people understand what you're trying to say!

It's always the foreigners that correct English peoples spelling and grammar mistakes, isn't it? :clap:

[swoggles]

what happens after i send the form back declaring myself as the driver? another letter with the what i have apparently done on it?

[samj2013]

It's always the foreigners that correct English peoples spelling and grammar mistakes, isn't it? :clap:

I'm not actually Welsh

Edited 10 September, 2014 by samj2013

[B33fy]

If you are being interviewed by the Police, either custodial or as in this case non-custodial the you will be entitled to free and independent legal advice offered by officers interviewing you.

 

They probably won't want the hassle of organising advice if interviewed at home and will go through the motions, ask a few superficial questions and leave it at that, just to put the wind up you (mind you they've done a good job of that thus far). They probably won't want the hassle of booking you into a custody suite either.Personally if they only have one witness,( one word against the other) no filmclips or no approved method of actually measuring your speed I can't see it going anywhere.

 

Chill out, be the conscientious citizen. You've done nothing wrong in your view, leave it to them to work out what you are supposed to have done.

[steved83]

They probably won't want the hassle of organising advice if interviewed at home and will go through the motions, ask a few superficial questions and leave it at that, just to put the wind up you (mind you they've done a good job of that thus far). They probably won't want the hassle of booking you into a custody suite either.Personally if they only have one witness,( one word against the other) no filmclips or no approved method of actually measuring your speed I can't see it going anywhere.

Chill out, be the conscientious citizen. You've done nothing wrong in your view, leave it to them to work out what you are supposed to have done.

May not want the hassle but the op is legally entitled to it and must be offered it or the interview won't be pace compliant and there for admissible. But likewise as you mention it appears to be going nowhere based on what we know.

[LGM]

I'm not actually Welsh

Foreign then? Lol :p

[Brimma]

I'd be very careful about accepting what you see on pepipoo as Gospel if I were you

[samj2013]

Foreign then? Lol :p

Not as far as I'm aware!