Notice of intended prosecution

[drw8]

Possibly, or they could have edited it or killed the sound. Or there might not even have been sound.

[RainbowFire]

Possibly, or they could have edited it or killed the sound. Or there might not even have been sound.

 

i run all of my cameras without sound

1) you can't hear my awful singing

2) the mics are fairly cr@p anyway.

3) without sound, the recording time is longer

[Hardcore]

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

Not at all. The prosecution would need to prove beyond reasonable doubt that the offense occured.

The dash cam footage likely does show element of undue care or similar or else the prosecution wouldn't be willing to gamble it going to court.

If the OP pleads not guilty, he will be entitled to see the evidence and then may or may not be found guilty

If the OP pleads guilty then the evidence will not be shown.

If you you're very confident you didn't commit an offense, plead not guilty. But unless you were driving perfectly in the video i wouldn't recommend it.

[Sad555]

Could the person complaining be a chief constable / lawyer / or even a PF,this sort of driving incident happens all the time and if this happened to me after the initial bit of anger all would be forgotten but for them to proceed in taking the time and effort to go to the police it does appear a bit over the top in my opinion for a 50/50 incident from your discription , so for the police/cps (whatever in Scotland) wanting to pursue after seeing the video in must be considered incriminating so if you feel you are in the right get a good solicitor to view the evidence and take their advice.

Edited 23 July, 2016 by Sad555

[Rooted]

^^^^

[Rooted]

Not a personal recommendation but i asked someone in Aberdeen who has some experience of being a Bouley Basher in the past and they said.

http://woodwardlawson.com/expertise/road-traffic-offences

Edited 23 July, 2016 by GoneOffSKi

[drw8]

Cheers. Will try a few solicitors and see what they say.

[drw8]

Spoke to the solicitor linked in GoneOffSki's post. Said if I wanted to plead not guilty the whole thing is like to cost between £1500-2000. Which I can't afford to do. Also won't get to see the video until I plead not guilty.

If I plead guilty could get up to 9 points and even a digressionary ban if deemed serious enough. But I may get some sort of 'discount' in points or fine if I do so too.

Looks likely that I'll plead guilty, purely because I can't afford to fight it. Doubt is also starting to creep in as its over 6 months ago that it happened.

[Sad555]

I don't see how you can make any plea without seeing the evidence........Can't you plead not guilty.see the evidence in court first to see how incriminating it might or might not be and then change your plea if necessary and apologise to the court for not being able to fully remember the details of the incident .if you don't have the funds for a costly solicitor contact a CAB first ,don't roll over that easy at least have your day in court and meet the accuser and have a good hard luck story for the court to reduce the sentence IF guilty,it's always better to appear before court,unless your covered in tattoos and piercing all over your head and face oh and wear a nice pair of thick lenses specticals (that always helps)

[Hardcore]

Isn't there worse consequences for pleading not guilty, then changing it to guilty?

Just curious to why the lawyers didn't suggest that. 

[Nepomuk]

I don't see how you can make any plea without seeing the evidence........Can't you plead not guilty.see the evidence in court first to see how incriminating it might or might not be and then change your plea if necessary and apologise to the court for not being able to fully remember the details of the incident .if you don't have the funds for a costly solicitor contact a CAB first ,don't roll over that easy at least have your day in court and meet the accuser and have a good hard luck story for the court to reduce the sentence IF guilty,it's always better to appear before court,unless your covered in tattoos and piercing all over your head and face oh and wear a nice pair of thick lenses specticals (that always helps)

 

I suggest the OP knows whether he is guilty or not. The evidence doesn't change that.

[999pooch]

I suggest the OP knows whether he is guilty or not. The evidence doesn't change that.

^^^^^^^^ This

The events of that day and the OP's actions are consigned to history. All that is at question really is how much of this has been caught on camera? If you need to see the evidence before a plea is made, I would suggest that the seeds of doubt are already there

[drw8]

There is no incentive to fight it. I plead not guilty, pay a solicitor £2000 and win. Theres £2k I'll never see again and BMW driver gets away. (turns out after checking his reg number, its a diesel 5 series badged up as an M5...)

 

I won't get to see the video until I plead not guilty. After seeing his statement in the court summons, I'm very doubtful about the footage and his version of events.

[Sad555]

If you think you are innocent fight the case yourself..................Pleading

At the start of a criminal case the person accused of the crime will be asked to plead to the charges they face. They'll tell the court whether they:

admit the charge and plead guilty

deny the charge and plead not guilty

If the plea is not guilty, a date will be fixed for a trial when evidence in the case will be heard. This date may be several weeks ahead.

If the accused pleads guilty

There is no trial if the accused pleads guilty. The judge can sentence the offender right away, or the court might ask for background reports about the offender so they have enough information to decide a sentence.

If the offender pleads guilty at this stage, the judge will consider reducing the sentence they would otherwise have passed. This is known as a sentence discount and can be up to a third of the maximum sentence available.

The case may be adjourned for further information. If you're a victim you may be advised if the offender is released on bail, and if you're eligible to make a victim statement.

Bail is when a person is released from custody by a court. They'll have to agree to certain conditions before they're released, like promising to go to court or not committing any other crimes.

If the accused pleads not guilty

If the accused pleads not guilty, a trial date is set. This gives both the prosecution and defence time to organise their case and find out about witnesses and evidence. The court decides whether the accused should be released on bail.

The accused argues there's no case to answer

The accused can argue at trial that there isn't enough evidence. If the judge agrees, the case can be dismissed and the accused will be free to go.

Plea in bar of trial

The accused – or their lawyer – can say they're unfit to stand trial or they were unfit at the time of the offence. If the judge agrees, the trial may be delayed or the case dismissed.

Changing of plea

If the accused originally pleads not guilty and then changes their plea during the trial, the trial will stop. If the accused pleads guilty at this stage their sentence may be reduced. The judge or sheriff will decide on the most appropriate sentence or ask for reports and decide on a later date.

[ColinD]

Spoke to the solicitor linked in GoneOffSki's post. Said if I wanted to plead not guilty the whole thing is like to cost between ?1500-2000. Which I can't afford to do. Also won't get to see the video until I plead not guilty.

If I plead guilty could get up to 9 points and even a digressionary ban if deemed serious enough. But I may get some sort of 'discount' in points or fine if I do so too.

Looks likely that I'll plead guilty, purely because I can't afford to fight it. Doubt is also starting to creep in as its over 6 months ago that it happened.

 

Rock and bloody hard place. What a stressful outcome.

 

Can you afford the #points, potential ban impact on job etc not to mention the next 5 years of insurance costs.

 

Sorry to add to your thoughts, although I'm sure you've thought about it a lot already. 

 

Only you know in your heart and mind what is right or not, convincing a judge/magistrate by the letter of the law is the next challenge. So let's go with you're in the right.  Is there a legal aid/costs cover for the defendant, I don't know.

 

In my mind even cash-strapped as I am now, I'd probably stretch to try & find the 2k. Yes it's 2k, but a clean name, lic, and so on for me, would be worth more over the next 5 years.... There may of course be other laywers, but I guess you don't want a crap one.

 

Good luck

[Sad555]

I don't suppose you have any legal protection with your motor insurance?

[RainbowFire]

I don't suppose you have any legal protection with your motor insurance?

 

....and with this they are supposed to fight your corner, not just roll over. *YOU* are their client.

[Rooted]

?

Does that 'Legal Protection' with Vehicle Insurance cover, cover your defence against allegedly committing a Traffic Offence where no accident occurred,

ie Careless or Dangerous driving, speeding or other moving offences.

 

There are policies you can take out against 'being caught speeding', i have received the offers to buy a policy.

[999pooch]

Just to add to this. Many years ago I was caught & sent to court for a 3 figure speeding offence.

Most reckoned I would get a ban and huge fine. I decided to hire a top solicitor I had crossed paths with some years previous.

He came & represented me on the day, and got a result. 6 points & £300 fine. Result

This isn't the moral of the story though. The point I want to make is, that although he was good, he didn't really do or say anything I couldn't of done myself.

He basicaflly said I had been a very naughty boy. the consequences of a ban would be severe as I worked and had a young family. I had learnt my lesson and wouldn't do it again.

It all sounds so obvious in hindsight, but that's all he did, along with a lot of ar$e licking etiquette. He always addressed the court with a lot of 'Ma'ams' & 'Your Honours', and plenty of 'pleases' and 'thankyous'.

If I were to go to court again, I would save my money, & represent myself. Do your homework, set out your case, make sure you sum up the pertinent points, make it factual, and make sure you are respectful.

I was pleadeing guilty obviously, so my case was damage limitation, so in your case you need to be clear in your head you are innocent, and you can communicate this implicitly and clearly.

Good luck with whatever you choose

[gadgetman]

I don't suppose you have any legal protection with your motor insurance?

Or home insurance?

[drw8]

Plead guilty via letter and received a letter from the pf stating that the case has been continued for the following reason: personal appearance of the accused.

Does this mean I'm in the ****?

[KenONeill]

Plead guilty via letter and received a letter from the pf stating that the case has been continued for the following reason: personal appearance of the accused.

Does this mean I'm in the ****?

I would strongly recommend:-

1. Engaging the services of a specialist solicitor if you have not already done so.
2. Not driving to the court appearance.

[gadgetman]

As above you need a lawyer. Given it's going to court, you'll get access to the video footage now?

[drw8]

I've spoken to a solicitors secretary and she said its standard procedure when pleading guilty via letter. The reason for going in is to be given a punishment and ensure I understand. I also called the court and they said it could be to offer an explanation or they might want more information regarding my income, out goings, dependants etc.

[drw8]

Could be bs though...