my main worry is if its an off duty copper thats reported it. the officer said i would be called in but i dont no what i should and shouldn't say as i dont really no much about whats going on anyway! pepipoo website has been useful so far but that makes sense

I had legal representation through my union/staff association.

However rubbish they are on pay, conditions and local disputes with management, they really pulled out the stops and did the business on the legal thing.

Do you have any thing like that in place, available to you?

Do any of your insurances offer legal advice or representation?

Plan for the worst. Hope for the best.

i am part of unite union but they arent being very useful,have to ring them again later,i was waiting for a call from them that hasnt arrived. haha they are the same where i work. the aa offer free legal advice i believe, obviously if your member. i am expecting the worst case scenario at the moment

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

 

I would say it's a sore point in his home town!

 

Being specific and accurate helps avoid so many misunderstandings....

 

J.

You must have done more than a simple overtake.

There must be more to it, or footage showing you doing something silly.

I'd get your thinking cap on

i dont need to,i no what its for now. they contacted my friend to use them as a witness,its for the overtake! they have said i nearly had a head on collision with a car but i didnt.

i dont need to,i no what its for now. they contacted my friend to use them as a witness,its for the overtake! they have said i nearly had a head on collision with a car but i didnt.

Do they have evidence?

My guess is that the driver of the oncoming car had to (or thought they had to) brake to avoid an accident. Someone, probably saw the brake lights come on.

One of the parts delivery drivers had a similar 'incident' where he was overtaking and an oncoming driver flashed his lights at him. This was seen by a PC from a distance and he was reported. Fortunately, he had a camera in his van and could show that the oncoming car was wrong to flash him, as there was no danger.

No comment. That's all you have to say on the matter.

 

 

If you get interviewed don't even answer your name when they ask you.

 

 

It's up to them to get you to cough. If you think you did nothing wrong then you have no comment. 

 

Somebody seeing what they thought was an dangerous move is not evidence, they'll try and get you to admit it, then your screwed once you admit it.

 

 

A mate went through this a few years back(same type of thing as above) after two on- duty coppers saw him do something they decided was wrong, hounded him for  six months until he went in with solictor and gave them the no comment thing.

They probably can't even prove it was you driving, they'll just keep chipping until you fold.  AIUI they've only got six months from the alleged offence to nab you. 

 

 

Edited to add ....

 

 

 

Of course this is if you did nothing you perceive as wrong, if on the other hand you're trying to squirm out of something you did do, then really speaking you man and take the rap.

No comment. That's all you have to say on the matter.

If you get interviewed don't even answer your name when they ask you.

It's up to them to get you to cough. If you think you did nothing wrong then you have no comment.

Somebody seeing what they thought was an dangerous move is not evidence, they'll try and get you to admit it, then your screwed once you admit it.

A mate went through this a few years back(same type of thing as above) after two on- duty coppers saw him do something they decided was wrong, hounded him for six months until he went in with solictor and gave them the no comment thing.

They probably can't even prove it was you driving, they'll just keep chipping until you fold. AIUI they've only got six months from the alleged offence to nab you.

Edited to add ....

Of course this is if you did nothing you perceive as wrong, if on the other hand you're trying to squirm out of something you did do, then really speaking you man and take the rap.

That's pretty bad advice, firstly, you have to respond to the NIP stating who was driving or you'll be done, simples, so they will know who was driving. Secondly, going no comment and refusing your details could end with your arrest and kept in custody until the next available court as reason A in the SOCPA 2005 reason for arrest is

" (a)to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);"

So I would always give my name and address! Also, it isn't up to them to get you to cough, the interview is to give the police opportunity to ask questions and for you to state your defence. It's as the caution states:

"You do not have to say anything, but it may harm your defence, if you do not mention when questioned, something which you later rely on in court, anything you do say can and may be be used against you."

So, if you go no comment throughout the interview but then come up with a defence in court, the magistraits can disregard that defence or suspect it as false as you didn't state it when questioned.

My advice to the OP is firstly, get proper legal advice, and take anything on here and other forums with a pinch of salt. Secondly, if you have done nothing wrong just tell the truth. The crown has to prove deboned reasonable doubt.

Edited 20 September, 201411 yr by mdon

It may be bad advice, but it works, I suppose it helps if you take the local "Saul Goodman" in with you.

 

As above though, I you think it's all good then just tell the truth.

Most forces are unlikely to do anything without evidence. I know when I reported a skyline drifting around a roundabout West Midlands Police simply sent a warning letter to the driver and no doubt put a marker on the car.

If it's an officer, then their judgement will only be listened to in court if they are blues trained or traffic. If the latter their word is pretty much gospel. If any of the vehicles have footage then be very sure of what you say.

You need to get legal advice.

Exactly, they don't do a thing in most cases, somebody stood/sat in god knows what position relative to the alleged incident has no real proof of anything.

They'll just try to squeeze a confession out of you if they can.

...No comment. That's all you have to say on the matter...

I see nothing wrong with speaking to them, asking them for more details and correcting anything they have wrong. If they have something factually wrong, then now is the time to say so.

I guess I wouldn't comment on non-factual matters or give my opinions and I wouldn't hesitate to seek legal advice if I thought it was necessary.

6 month time limit doesn't apply if the charge is dangerous driving as it's an either way offence

Whatever you do you must return that NIP within 28 days, failure to do so will give you points and a large fine. The clock has not stopped because you are querying what the incident was, at this stage they are simply requesting the driver details.

It is alleged by someone, or more than one some one, that you 'Nearly had a head on collision'.

 

You clearly had no collision,  

but did you make someone take evasive action to avoid you causing a Head on Collision might well be the question,

and they might well have Video Evidence that shows you might have.

 

But then that is why you need a Solicitor to advise you.

 

george

Edited 20 September, 201411 yr by goneoffSKi

nobody flashed me and as far as i know theres no evidence. If they had a video or something similar wouldnt they have contacted me to prosecute instead of trying to gather evidence. I don't think there was ever a time a crash could have occurred, as far as im concerned i simple saw a safe opportunity to get past some slow moving traffic and i did. I keep thinking maybe the reportee thought i wanted to go for my mate and the truck as well. However i dont have a race car so that would have been dangerous! i can say i performed an overtake?

Even if there were video evidence they'll still need to know who the driver was. Hence the need for the NIP asking you to disclose the drivers details.

nobody flashed me and as far as i know theres no evidence. If they had a video or something similar wouldnt they have contacted me to prosecute instead of trying to gather evidence. I don't think there was ever a time a crash could have occurred, as far as im concerned i simple saw a safe opportunity to get past some slow moving traffic and i did. I keep thinking maybe the reportee thought i wanted to go for my mate and the truck as well. However i dont have a race car so that would have been dangerous! i can say i performed an overtake?

 

The issue is you have seen it from just your perspective, which may well have seemed perfectly safe and reasonable to you however to another driver it may have been unacceptable or caused them to have to take some action you are unaware of. Until the full story is known and put together then I don't think anyone can really determine whether what happened was an issue or not.

 

An example of perspective is this: I had a guy pull out from a junction in front of me the other day causing me to make an emergency stop to avoid a collision. He was on the phone and either completely oblivious to my presence or just didn't care, to him I guess there was no issue to me I was fuming, especially as I had the kids in the car, unfortunately I did not have my dashcam refitted, otherwise I would have looked at forwarding the footage to the local plods.

nobody flashed me and as far as i know theres no evidence. If they had a video or something similar wouldnt they have contacted me to prosecute instead of trying to gather evidence. I don't think there was ever a time a crash could have occurred, as far as im concerned i simple saw a safe opportunity to get past some slow moving traffic and i did. I keep thinking maybe the reportee thought i wanted to go for my mate and the truck as well. However i dont have a race car so that would have been dangerous! i can say i performed an overtake?

The fact that no-one flashed you means nothing.

As far as YOU are concerned there is no evidence. 

Before they can pass a case to the CPU they have to have your side of the story to see how that corroborates with the story they have, therefore they are calling you in to obtain that.

What you perceive as a "safe opportunity"  may not be what others perceive.

What has "race car" got to do with it.

See a solicitor asap.

Any update on this? Or are you in jail?

Update!!!!! I haven't heard anything at all regarding my so called dangerous driving, not a peep! I have no idea if thats a good thing or not.

After you return the NIP they have 6 months to process and decide any actions, so your not out of the woods yet.

After you return the NIP they have 6 months to process and decide any actions, so your not out of the woods yet.

Or longer for dangerous driving - being an either way allegation it isn't governed by the 6 month time limit