Notice of intended prosecution

[Ootohere]

The A96 going across the Roundabout and up the A96 is use both lanes, 

the roundabout off to the East and into Dyce Drive is just a mixed up mess to anyone not used to it,

and if 2 cars go around and into Dyce Drive one has to give way.

Most people that know the way it is stay to the right coming from Aberdeen to Dyce Drive, 

and some try to be smart and stay in the left lane, get on the Circle and go onto Dyce Drive, totally legal, 

but it causes problems often, because cars coming down the A96 in towards Aberdeen are sitting waiting for cars to get off the roundabout.

Bad design really, but that is how it is.  Busy, busy busy. 

7am-9am, and almost anytime, again afternoon, knocking off time.

[drw8]

Spoke to police today who cautioned me with careless driving. Were fine when I told them I wouldn't be giving a statement until I had heard what I had been accused of and seen the video.

 

They said (when cautioning me) that I had driven too closely behind the BMW and then over taken into oncoming traffic and forced him into the pavement.

[Brimma]

So although you'd done nothing wrong you accepted a caution?

Mmmmmmm, sounds as though you were doubting yourself, and took the best option

[drw8]

Maybe my terminology is rubbish. I got cautioned/read rights and confirmed it was me driving. Evidence and statement from bmw will go to PF and now I wait. If they procede to prosecute then hopefully will get a chance to see video evidence and go from there.

[Ootohere]

Brimma, 

a different procedure in Scotland over a Caution than in England and Wales, he has not been charged. Yet if ever.

 

Not the same kind of matter but it shows where the difference is. 

http://maxwellalves.com/archives/2610

Edited 14 February, 2016 by GoneOffskiroottoot

[sharkrider]

following with interest..... wish we could see the vid, but even that is not the whole story ......

[2SkodaFamily]

Whatever advice you decide to take, please don't let it be this. It's 6 points for not supplying the details of the driver when you receive a NIP.

And the insurance hike for this offence code will make your eyes water. Not worth it. Ever.

[Ootohere]

Any update? I just arrived at the Airport coming in against the nose to tail traffic and filmed it, but the roadworks are now all in place. I will try to post video later, but once it's time to leave here it's into the usual gridlock. Ahhh

 

 

Roadworks mean the exit from the roundabout is now narrower, the rest of road as it was.

(last picture just my wish and dream..)

Edited 22 February, 2016 by GoneOffskiroottoot

[drw8]

Nothing, just a hurry up and wait game now. I was out that way today, was strange seeing the roundabout gone.

[drw8]

So it's a few days over 6 months since I received a NIP through the post. Been doing a bit of research and it seems that "Once six months has lapsed the case can no longer be pursued".

 

Anyone know if this is an accurate/up to date statement?

 

Thanks.

[Ootohere]

Maybe best re-read, re ask and talk with a Solicitor about Scotland, because if you were reported to the Procurator Fiscal for possible prosecution then a Court Summons can easily arrive after 6 months has elapsed of receiving a NIP.

I have the T-Shirt.

[drw8]

*******s, so something can still come out of the blue?

 

I haven't received any other letter after the NIP. At the bottom of the NIP it does say "The fact this notice has been sent does not necessarily indicate I will be prosecuted." and "If it is decided not to institute proceedings I will be informed."

[Ootohere]

So you have not been informed, or that was lost in the Post.

Lets hope if you get a summons that is not lost in the post as well.

[drw8]

What happens with being informed? Being told its being taken further/fine and points/not being taken any further?

[Ootohere]

Not been taking further would i expect be a letter from Police Scotland or the Procurator Fiscal's Office.

Taken further would be a Summons to Appear in Court i would expect.

 

No idea as to how they operate in Aberdeen now, they are not that competent.

[drw8]

Got a summons this morning delivered by a police officer. Says that it was all captured on dash cam (which I doubt as I've now been accused of tailgating and making the bmw take evasive actions and that I laughed when they pulled up along side me.)

I was advised to plead guilty by a motoring lawyer when I was sent an NIP. Considering doing it as I don't have the time, money or energy to fight it. Why is it that the arsehole always wins...

[Auric Goldfinger]

Have you seen the Dash cam footage?

[drw8]

No, would love to see it though.

Edited 20 July, 2016 by drw8

[Auric Goldfinger]

No, would love to see it though.

 

Surly they can't prosecute with out you seeing the footage, you could then explain what happened. Has the Lawer who advised you to plead guilty seen it?

 

 

His word against yours by the sound of it,  they believe him, easy way out

Edited 20 July, 2016 by Auric Goldfinger

[Ootohere]

What are you charged with, ie what offences?

Needs taking seriously and if you are not guilty of what you are being prosecuted for do not plead guilty.

The consequences can be serious, licence, insurance, future employment.

 

Talk to an Aberdeen Solicitor in person face to face, not some Edinburgh, Glasgow or the likes.

Find out if the Procurator Fiscal really has a case that will stand up in court.

Those accusing you have made sworn statements and you need to have a solicitor see these and then decide if they stand up and they are not going to be committing perjury, and that the Police Officers Investigation and the Video is going to show clearly any traffic offence you are accused of can be proven.

 

The case can be dropped if the Prosecution are going to court with false evidence or witnesses that would end up being rubbished in court by a decent defence from your legal representative.

 

all the best.

Edited 20 July, 2016 by GoneOffSKi

[drw8]

Without due care and attention or without reasonable consideration for other persons using the road.

It also gives his statement, and concludes the incident was captured on dash cam and clearly shows the events.

All the dash cam is going to show is me getting past him with on coming traffic. It should show him speeding up as he was doing around 30 and the road is a 50. I ended up arguing with the investigating officer about the footage not showing him speed up.

[drw8]

Can you recommend a motoring solicitor in Aberdeen GoneOffSki?

[Ootohere]

Sorry no, never had anything to do with solicitors there.

 

Is it the stretch i show in post #58, off the Roundabout on Dyce Drive heading to the first traffic lights, 

and before or after the roadworks started?

Edited 20 July, 2016 by GoneOffSKi

[drw8]

Yes immediately after the roundabout and done before the first set of traffic lights.

Happened before any road works.

[Auric Goldfinger]

Is it possible that all the dash cam footage hasn't been given to the police, only the bits the BMW driver want's them to see.

 

 

 

Sounds like anyone can go to the police and complain about someones driving and then get done for it

Edited 20 July, 2016 by Auric Goldfinger