Notice of intended prosecution

[gadgetman]

Colleague pleaded guilty by post and simply got points/fine by post.

Might be different in Scotland?

[Ootohere]

Very Different.

Procurator Fiscal proceeding with a prosecution and possible sentencing requiring the accused to appear in person.

Sentencing might not even be on the day, background reports etc.

A Solicitor is rather important, there are Hanging Judges (Sheriffs actually) in the North East.

Like ones that know the road in question very well.

 

 

drw8,

Have you not received the form for you to fill in, Job, Income, Family Circumstances etc?

Edited 18 August, 2016 by GoneOffSKi

[drw8]

Yes, that was with the court summons. Filled it all out and in the explanation part I explained that I needed a license for work (using work vehicles, land jobs etc)

 

If it's just a personal appearance to be told my punishment, do I really need to have a solicitor? Again, it will cost between £1500 and £2000, which I just can't afford to do.

[Ootohere]

Please get more advice.

If it is just points and fine and that suits you good, and sentence on the day.

Surrender your licence not so good.

Sentencing put back for Background report etc is always possible.

 

It all goes down to the Procurators case, the mood of the person sentencing and the direction of their wind and sometimes unluckily 

those appearing before you.  Well IME.  

[KenONeill]

Yes, that was with the court summons. Filled it all out and in the explanation part I explained that I needed a license for work (using work vehicles, land jobs etc)

 

If it's just a personal appearance to be told my punishment, do I really need to have a solicitor? Again, it will cost between £1500 and £2000, which I just can't afford to do.

If you need a licence for work, can you afford to not have specialist representation?

[gadgetman]

Yes, that was with the court summons. Filled it all out and in the explanation part I explained that I needed a license for work (using work vehicles, land jobs etc)

If it's just a personal appearance to be told my punishment, do I really need to have a solicitor? Again, it will cost between £1500 and £2000, which I just can't afford to do.

The "I need my license..." plead is now largely ignored in sentencing UNLESS you're a carer.

Typically those claiming it are now told that they should have considered that at the time of the offence.

I really would get paid advice ASAP, as it could benefit you greatly in terms of fine/ban size which will impact your insurance premiums for many years.

Also remember you'll need to tell your insurer straight away for court sentencing. If you're in something modified, it could mean that your insurer cancels your policy!

[petrolbloke]

Tricky situation OP. Surprised you're not able to see the footage at this stage - you should be able to use it to refresh your memory of the situation before making a statement/plea as the BMW driver is able to do. Without any footage or witnesses it would likely be his word against yours and no further action from the Police. If the situation is as you describe then it could be argued that the BMW driver's actions were inconsiderate (i.e. accelerating quickly to take a space that he know you'd be wanting to move into - effectively causing an 'incident' which would otherwise not have been an incident at all).

 

I reported someone's dangerous/careless driving to the police with my dashcam footage and the Police interviewed the accused and showed him the footage (I'm in England though). Sounds like you need to get some proper advice - either there's differences in this procedure in Scotland or the officer in my case has not followed the correct procedure.

 

You might get some useful advice if you post on Pistonheads, but you'll also probably get a load of trolling/unhelpful replies. There might be other motoring forums worth a try too.

 

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

1. You could edit the sound out after. If the video proved you to be not at fault for an incident that would've otherwise been at fault or 50/50 I think it would probably be worth the embarrassment.

2. The mic in my Mobius is good enough to tell whether I'm accelerating, cruising or have lifted off the throttle completely. The audio will also capture other things that the video alone would struggle to; like horns, sirens and conversations between passengers/other drivers.

3. Not really an issue with the price/capacity of SD cards. Cams usually have a button you can press to prevent the current clip being overwritten.

[cheezemonkhai]

Plead not guilty, demand to see the evidence and if it's conclusive change your pleas before court?

 

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 ****?

To me (IANAL) that sounds like you appeared and plead guilty, so they're going to take you to court.

Change your plea and demand the evidence.

And get a lawyer, this is going to cost you a lot either way.

Edited 26 August, 2016 by cheezemonkhai

[Ootohere]

Is there any date yet for appearing for sentencing?

[drw8]

16th of September. I asked for time off from work (without telling them what it's for) and it was rejected, so I emailed the criminal team requesting it be held in October when I have holidays. I'm currently offshore so haven't spoken to a solicitor. It's the first thing I'll do when I get home.

[gadgetman]

16th of September. I asked for time off from work (without telling them what it's for) and it was rejected, so I emailed the criminal team requesting it be held in October when I have holidays. I'm currently offshore so haven't spoken to a solicitor. It's the first thing I'll do when I get home.

I would tell your employer what it's for before the event rather than after. After the event won't go down too well.

As for requesting a different court date, it's generally only the CPS or a lawyer who can request a change in court dates without a good reason. Wanting to take the day off instead of telling your employer isn't such a reason.

I really wouldn't upset the judge/court before you appear there.

[Polluxtroy69]

I got caught driving without insurance. Totally my fault as I was driving my house mates car (Fiesta ST), he was driving mine as he needed to pick up his brother and his family from Cornwall. He borrowed my car as the MPG was double that of the ST and he was 'rescuing' them at total cost to him - Fuel, time etc..

I got pulled randomly and found out that even though both of us were fully comp on our insurance I wasnt covered to drive his car (It came to me as a shock, as I thought you could go 3rd party on someone elses car. I found out the hard way that you need to have it on your own policy to do this).

I got summoned to court, represented myself, told them the story and they gave me the benefit of the doubt and reduced my punishment. Be honest with them, don't upset them and if you can take the day off. 

Why would you need to tell your employer about this to take a day off? Unless you meed your license for work and you have a possibility of being banned / need a clean license to work for your employer? If it's none of them then this court appearance isn't something you need to declare to an employer (normally) just your insurance. One of my employees has been banned in the past for drink driving, he got caught because he was revving his engine inappropriately and the police pulled him. It's known that he's done this and it's not affected he position (obviously if he caused an accident or something even worse then that would of been a different matter). 

[gadgetman]

Depends on your line of work as to whether ANY convictions need to be declared to them.

If you're DBS checked, then you will need to declare it and a charge or conviction may have employment repercussions.

Some employers use companies who will regularly recheck their staff and contractors.

[XLBaconDoubleCheese]

I'd not be telling work unless I was a driver or it was a job that needed everything declared. 

 

Without seeing the footage it's hard to say but it's not great that it's gone this far. I suspect a fair amount of busy bodies fire off these kinda incidents to the police and more often than not nothing happens, so either the officer/cps or whoever it is that decides what happens is a bit of a knob and is being OTT in taking it to court OR you've been silly. From what you describe it doesnt sound like you have but as I said, without seeing what happened we cant judge. 

[drw8]

Appeared at court on the 27th two hours late due to a check in getting cancelled last minute. Was asked for an explanation from the judge, made it very brief and put it down to error of judgement. Due to early guilty plea got £175 fine and 5 points. Didn't use a solicitor.

 

Kind of happy with outcome, but still horse **** that this bellend caused all this hassle and then went complaining to the police. Dash cam has been bought and installed to stop this crap from happening again (I hope...)

[Ootohere]

Good outcome. 

Take care, really take care you get no more points.

[Auric Goldfinger]

Did you ever get to see the dash cam footage from the other party?

[drw8]

Did you ever get to see the dash cam footage from the other party?

No. Would still like to, but imagine I'll never see it.

[Auric Goldfinger]

Did you ever get to see the dash cam footage from the other party?

 

 

No. Would still like to, but imagine I'll never see it.

 

 

To be honest mate thats a bit **** on your behalf.  So anyone can accuse someone of doing something, have it on film, you can't defend the evidence because they wont show you it, which could be fabricated, and hay ho your guilty.

 

I don't know the Ins and outs but it stinks........................

 

Hope you can move forward from this.

 

Best wishes

 

AG 

[gadgetman]

As above, I'd be insisting on a copy of it.

 

Solicitor could have probably gotten you off without anything at all.  Because of the footage, or lack of.

 

As for the dash cam, make sure you have the sound on.  Silent footage doesn't prove much on it's own.

[drw8]

As above, I'd be insisting on a copy of it.

 

Solicitor could have probably gotten you off without anything at all.  Because of the footage, or lack of.

 

As for the dash cam, make sure you have the sound on.  Silent footage doesn't prove much on it's own.

 

If I plead not guilty and used a solicitor, they would've sent the video. Using a solicitor would have cost me £1500-2000 and I may not have got off with it. ****ty position to be put in, but I think the one I took was the least hassle and potentially the cheapest.

[gadgetman]

You're entitled to it, so contact the force commander.

If they refuse or it shows nothing to substantiate the charge/conviction go to the IPCC

[gadgetman]

You're entitled to it, so contact the force commander.

If they refuse or it shows nothing to substantiate the charge/conviction go to the IPCC

[Sad555]

So did the judge see or pass comment on the camera footage before sentence and dishing out the fine and points,the fine was a good result but 5 points?

[drw8]

No video was shown and he made no mention of it. Point were reduced from 7 for early guilty plea.