Police station representation?

Police station representation?

Author
Discussion

Bigyoke

152 posts

132 months

Tuesday 11th November 2014
quotequote all


S170 says either report accident to a constable at station or a constable in person. As I spoke to a constable in person 11hrs after concerning the accident does that not count?


[/quote]

No, AFAIK, if you left the scene without reporting the accident, either to the owner or Police, the you have to report it on person at a Police station. Failing to do that means the offence is complete.

Speaking, even in person, to a Police officer investigating the incident doesn't count as reporting. Apparently Dawson v Winter (1932) is the authority for that.

The Surveyor

7,576 posts

237 months

Tuesday 11th November 2014
quotequote all
xr2gte said:
The Surveyor said:
When though.....
In order, approx 8hrs after accident, 5-6hrs after accident, 11hrs after accident and 2months after when they decided to follow it up.

To insurer, 8hrs after accident. No fleeing (although the PC obviously thought it was, his attitude was you should stay with vehicle regardless and for any amount of time) - no-one at all in area, no history, damage was fairly substantial to car. No beer cans or half drunk bottles of vodka lol.

S170 says either report accident to a constable at station or a constable in person. As I spoke to a constable in person 11hrs after concerning the accident does that not count?
I'm not surprised you're miffed about the approach then. You're right to question why the officer who you spoke to at home 11 hours after the incident didn't tell you that you still have to report the incident to the local Police Station. All very strange.

SLCZ3

1,207 posts

205 months

Tuesday 11th November 2014
quotequote all
I had an accident many years ago, on a cold/icy and snowy road, spun the car and ended in a field hedge, managed to get a call to the garage I dealt with, from a house about a 100 yards up the road, and waited till the garage turned up, hauled the car away and then I hired a car to continue my journey to London to fly to Saudia Arabia, never reported it.

Eclassy

1,201 posts

122 months

Tuesday 11th November 2014
quotequote all
@ OP

1. How long did u stay with your car after the accident? (I personally would be more likely to wait with the car until it can be recovered. If you didnt have a mobile phone then I can understand leaving)

2. Was your car causing an obstruction after the accident?

3. Do you have history i.e. complaints against the police..

Remember you can sue the police for malicious prosecution. Having an accident isnt a crime. I until yesterday didnt know that not only did you have to report a car accident where no one else was involved, you had to do it in person!

Unless the police have reasonable suspicions that you were drink driving or well in excess of the posted speed limit; or you are leaving out relevant bits of info, I would hope a judge would throw out the case (if it ever goes to court). Trying to convict a law abidding citizen on a technicality is disgraceful.

Bigyoke

152 posts

132 months

Tuesday 11th November 2014
quotequote all
[quote=Eclassy]@ OP

Having an accident isnt a crime.

It might be, depends on the circumstances.

I until yesterday didnt know that not only did you have to report a car accident where no one else was involved, you had to do it in person!

You don't. If the only damage caused is to your vehicle and or property or the only injury is to you, assuming you're the driver, there is no requirement to report it to anybody. The requirement only comes into play if another party is in some way affected.



Elroy Blue

8,687 posts

192 months

Tuesday 11th November 2014
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Eclassey.....non stop comedy gold.

pinchmeimdreamin

9,938 posts

218 months

Tuesday 11th November 2014
quotequote all
Elroy Blue said:
Eclassey.....non stop comedy gold.
careful he may come and tap on your window boxedin

Eclassy

1,201 posts

122 months

Tuesday 11th November 2014
quotequote all
SLCZ3 said:
I had an accident many years ago, on a cold/icy and snowy road, spun the car and ended in a field hedge, managed to get a call to the garage I dealt with, from a house about a 100 yards up the road, and waited till the garage turned up, hauled the car away and then I hired a car to continue my journey to London to fly to Saudia Arabia, never reported it.
CRIMINAL.....

Rick101

6,969 posts

150 months

Tuesday 11th November 2014
quotequote all
Recall doing a trip down South a few years back. One particularly bad stretch of snow covered road had at least numerous cars in ditches alongside it. Easily 10 plus. Should they all have made the journey to the police station to report in person?
What if you're injured or has been alluded to before, concussed.

Mk3Spitfire

2,921 posts

128 months

Tuesday 11th November 2014
quotequote all
Rick101 said:
Recall doing a trip down South a few years back. One particularly bad stretch of snow covered road had at least numerous cars in ditches alongside it. Easily 10 plus. Should they all have made the journey to the police station to report in person?
Well, no. A car in a ditch is not an RTC. Unless of course they had collided with each other or roadside furniture.

MGZTV8

591 posts

149 months

Tuesday 11th November 2014
quotequote all
Eclassy said:
@ OP

1. How long did u stay with your car after the accident? (I personally would be more likely to wait with the car until it can be recovered. If you didnt have a mobile phone then I can understand leaving)

2. Was your car causing an obstruction after the accident?

3. Do you have history i.e. complaints against the police..

Remember you can sue the police for malicious prosecution. Having an accident isnt a crime. I until yesterday didnt know that not only did you have to report a car accident where no one else was involved, you had to do it in person!

Unless the police have reasonable suspicions that you were drink driving or well in excess of the posted speed limit; or you are leaving out relevant bits of info, I would hope a judge would throw out the case (if it ever goes to court). Trying to convict a law abidding citizen on a technicality is disgraceful.
OP DO NOT UNDER ANY CIRCUMSTANCES TAKE ANY ADVICE FROM THIS PERSON WHATSOEVER


Bigyoke

152 posts

132 months

Tuesday 11th November 2014
quotequote all
One more time, with feeling.

If the only damage is to your car, your property or if the only injury is to you or your animal(s) then it doesn't even qualify as an accident under s.170 and doesn't have to be reported to anyone, least of all the Police BUT if it affects someone else then it is an accident and MAY have to be reported to Police.

For example you lose control of your car, smash through a wall, write off the car and split your forehead open on the windscreen. "Luckily" the wall belongs to you. NOT AN ACCIDENT. No need to report.

However, run over your neighbours dog in the process = accident so give details to neighbour or failing that, the Police.

Greendubber

13,200 posts

203 months

Tuesday 11th November 2014
quotequote all
Was there a witness I wonder?

pinchmeimdreamin

9,938 posts

218 months

Tuesday 11th November 2014
quotequote all
Bigyoke said:
However, run over your neighbours dog in the process = accident so give details to neighbour or failing that, the Police.
But why not Cats ?

Eclassy

1,201 posts

122 months

Tuesday 11th November 2014
quotequote all
Bigyoke said:
However, run over your neighbours dog in the process = accident so give details to neighbour or failing that, the Police.
What if you knock on the neighbours door 5 houses away buy they are not home so you decide to go home to call the police and report the accident over the phone. As you put down the phone, your other window twitching neighbour knocks and informs you that the neighbour whose dog you killed is in Saudi Arabia but has left a number. You collect said number and immediately call and inform your neighbour whose dog you killed.

Would you still be guilty of not going to report the accident in person at a police station?



anonymous-user

54 months

Tuesday 11th November 2014
quotequote all
Sounds like a part 1 question!

Elroy Blue

8,687 posts

192 months

Tuesday 11th November 2014
quotequote all
Eclassy said:
What if you knock on the neighbours door 5 houses away buy they are not home so you decide to go home to call the police and report the accident over the phone. As you put down the phone, your other window twitching neighbour knocks and informs you that the neighbour whose dog you killed is in Saudi Arabia but has left a number. You collect said number and immediately call and inform your neighbour whose dog you killed.

Would you still be guilty of not going to report the accident in person at a police station?
somebody at a window and then knocking.

That's very threatening I believe. You'd better call the Police

MGZTV8

591 posts

149 months

Tuesday 11th November 2014
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Elroy Blue said:
somebody at a window and then knocking.

That's very threatening I believe. You'd better call the Police
Wayhey!!!!!! smile

Mk3Spitfire

2,921 posts

128 months

Tuesday 11th November 2014
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^^
The gift that just keeps giving!

pinchmeimdreamin

9,938 posts

218 months

Tuesday 11th November 2014
quotequote all
Given what the OP has told us so far, Can any of the officers or lawyers on here think of a reason the CPS would push a charge of DWDCA ?