Discussion
Anyone got a NIP for dangerous driving and driving without due care and lived to tell the tale? Received one in the post and its makes no reference to photographic evidence and I was not stopped at the time so I can only assume someone reported me; came as a bit of a shock because the alleged offence took place on a dual carriageway and I don't remeber doing anything out of the ordinary or dangerous. Also there was two of in the car and sometimes I was allowing the passenger to drive but don't remeber who was driving at the relevent time.
It could have been a complaint from another member of the motoring public who attended a police station and has given statements regarding the circumstances and the fact they thought your actions constituted an act of dangeorus driving.
In those circs, an officer will take the evidence in statement form, issue the Section 172 notice to R/O and wait for the reply. The NIP is a standard form necessary in law withint 14 days after the day of the incident to inform you of an impending prosecution against the driver of that vehicle at the specified time and place for consideration of the offences listed on the form.
It is standard practice to include both sections 2 and 3 RTA 1988 on the form for such an allegation. When the driver has been identified, that person will be seen by police and interviewed about the incident. They will be cautioned and asked if they wish to give an account. That person does not have to say anything about the incident but the relevant questions will still be asked. This does not have to be done at a police station. It can be done at the drivers home address.
There is the facility for the interviewee to be legally represented throughout interview. This will obviously not be possible at their house unless pre-arranged. Usually if legally represented, an appointment is made to do the interview at the nick.
If you are arrested, you have an entitlement in law to seek legal advice supplied by the state at that point. The driver once identified will not necessarily be arrested although there is now a power under SOCAP to do so.
Once the statement and interview evidence has been obtained, a prosecution file will be presented to the CPS for a decision on whether to proceed and with which offences reported.
Beware of 3rd party perception when you drive your pride and joy. There are many green eyes out there who will try to take you down a peg or two if they have half an oportunity.
When a complaint like this arrives at the nick, there is only one way to deal with it and that is to go through the process!
>> Edited by mg6b on Sunday 9th April 15:46
In those circs, an officer will take the evidence in statement form, issue the Section 172 notice to R/O and wait for the reply. The NIP is a standard form necessary in law withint 14 days after the day of the incident to inform you of an impending prosecution against the driver of that vehicle at the specified time and place for consideration of the offences listed on the form.
It is standard practice to include both sections 2 and 3 RTA 1988 on the form for such an allegation. When the driver has been identified, that person will be seen by police and interviewed about the incident. They will be cautioned and asked if they wish to give an account. That person does not have to say anything about the incident but the relevant questions will still be asked. This does not have to be done at a police station. It can be done at the drivers home address.
There is the facility for the interviewee to be legally represented throughout interview. This will obviously not be possible at their house unless pre-arranged. Usually if legally represented, an appointment is made to do the interview at the nick.
If you are arrested, you have an entitlement in law to seek legal advice supplied by the state at that point. The driver once identified will not necessarily be arrested although there is now a power under SOCAP to do so.
Once the statement and interview evidence has been obtained, a prosecution file will be presented to the CPS for a decision on whether to proceed and with which offences reported.
Beware of 3rd party perception when you drive your pride and joy. There are many green eyes out there who will try to take you down a peg or two if they have half an oportunity.
When a complaint like this arrives at the nick, there is only one way to deal with it and that is to go through the process!
>> Edited by mg6b on Sunday 9th April 15:46
shuvitupya said:
I think it will be a case of your word against the other drivers.
Unless there is hard evidence, such as witnessed by a PC, or CCTV, then I doubt it will get to court.
Hopefully just get your knuckles wrapped.
Why witnessed by a pC or CCTV?
Would you not feel aggreived if you had a point to make and it was not taken seriously becuase you are neither of these things?
Are you capable of telling a story regading an incident you saw?
What makes a couple of people not being either CCTV or PC's any different from you or another person who has eyes and tongue in their head to relate what their eyes saw?
RichyCSL said:
Someone did cut into the lane we were in at a snails pace causing my friend to slam the brakes hard, I think we may have undertook them however not sure certainly remeber he flashed them a few times. Soon after this we pulled over and I did the driving.
Then in that case, you would be advised to state your friends details on the form, return it and tell him/her that they should expect a visit where they will be given the opportunity to explain what happened!
mg6b said:
Why witnessed by a pC or CCTV?
Would you not feel aggreived if you had a point to make and it was not taken seriously becuase you are neither of these things?
I see bad driving every day, but I don't go reporting it.
It's a job for the police.
Would a court believe me if I reported bad driving?
I could just grass up every driver I don't like such as BMW, TVR drivers.
I had a similar experience, a bib came round my house and said I had been reported for dangerous driving. Now if youve ever been to a police station and tried to report someone for dangerous driving you will be sent away with " its your word against the other driver" in my experience the only time the police take any action is if the report is by an off duty bib ( in my case the chief constable) The visiting bib admitted the complainant was The chief cobstable of xxxxx and xxxxx ) Of course if you werent driving and your mate from France Australia or wherever was infact driving the would probably drop the whole thing.
In the end I got prosecuted for crossing an unbroken white line.
In the end I got prosecuted for crossing an unbroken white line.
shuvitupya said:
Why witnessed by a pC or CCTV?
Would you not feel aggreived if you had a point to make and it was not taken seriously becuase you are neither of these things?
I see bad driving every day, but I don't go reporting it.
It's a job for the police.
Would a court believe me if I reported bad driving?
I could just grass up every driver I don't like such as BMW, TVR drivers.
There may of course be more than one complainant, in which case there would be some corroboration.
2 sMoKiN bArReLs said:
I could just grass up every driver I don't like such as BMW, TVR drivers.
Looks like you know how to make friends & influence people
just alienated about 70% of the posters here!
I was just trying to make a point, which seems to have worked.
A friend of mine some years ago was reported by an off-duty PC motorcyclist for crossing a double white line.
Friend contested it in court, but was given 6 points and £300 fine.
baz1985 said:
reporting trivial traffic offences when off duty. Oh sad 5astards, is this the Gestapo or what? I bet the same tO55pots would probably not turn up if you were robbed!
Dangerous Driving is not a trivial offence for a start.
Some of the To55pots you refer to would absolutely turn up if you were robbed. If they met someone with your attitude, I doubt you would get the premium service
By the way. It might be an idea to wind your neck in a little if you want to continue inn debate on this forum!
It might not be 'sad bastards' that have done it. Make no bones about it. If I see someone driving that badly when I am off duty, I will and have in the past dealt with it! I would haste to add that does not happen very often and I do see my fair proportion of bad driving.
I have dealt with independant information about such incidents from memebrs of the public who have been upset by the antics of those who cannot control themselves in the past. It is no bother to take independant statements of evidence from 3 or 4 people in 1 vehicle and put them into a file for the CPS to make a decision. Sadly for some, they were indeed summonsed for the offence of DD.
If you draw attention to yourself and it is bad enough, you may well have to be in a position to answer to your peers in front of the bench rather than the evidence of a police officer!
mg6b said:
It could have been a complaint from another member of the motoring public who attended a police station and has given statements regarding the circumstances and the fact they thought your actions constituted an act of dangeorus driving.
In those circs, an officer will take the evidence in statement form, issue the Section 172 notice to R/O and wait for the reply. The NIP is a standard form necessary in law withint 14 days after the day of the incident to inform you of an impending prosecution against the driver of that vehicle at the specified time and place for consideration of the offences listed on the form.
It is standard practice to include both sections 2 and 3 RTA 1988 on the form for such an allegation. When the driver has been identified, that person will be seen by police and interviewed about the incident. They will be cautioned and asked if they wish to give an account. That person does not have to say anything about the incident but the relevant questions will still be asked. This does not have to be done at a police station. It can be done at the drivers home address.
There is the facility for the interviewee to be legally represented throughout interview. This will obviously not be possible at their house unless pre-arranged. Usually if legally represented, an appointment is made to do the interview at the nick.
If you are arrested, you have an entitlement in law to seek legal advice supplied by the state at that point. The driver once identified will not necessarily be arrested although there is now a power under SOCAP to do so.
Once the statement and interview evidence has been obtained, a prosecution file will be presented to the CPS for a decision on whether to proceed and with which offences reported.
Beware of 3rd party perception when you drive your pride and joy. There are many green eyes out there who will try to take you down a peg or two if they have half an oportunity.
When a complaint like this arrives at the nick, there is only one way to deal with it and that is to go through the process!
>> Edited by mg6b on Sunday 9th April 15:46
Eh?
I was parking my truck one day when a passing pick-up truck with a piece of scaffolding hanging over the side smashed my offside mirror to pieces. Went with a hell of a bang. The pickup slowed, then zoomed off. I noted his number and reported the hit & run to the bib.
For my troubles, I was cautioned, read my rights, had to make a statement (after all, I had admitted to being involved in a RTA) and had to produce my documents. Despite telling the desk bobby when producing documents that all I had done was reported a crime I was still made to do the 15 mins wait ("we're busy"
thing. I've tried at other times to report dangerous driving. Once I saw a MR Kipling van driver unknowingly almost crush a woman and several children against a wall. He had no idea of what he had done and I only wanted someone from the bib to let him know and to let him know that he had been seen. They simply weren't interested. The road outside our works is a fast, twisty dual carraigeway that sees a lot of accidents. T'other day a clapped out minibus belonging to a bunch of hippies broke down just around a bend, I phoned bib 'cos where they were was really dangerous, and god, doesn't it come across loud and clear that they simply couldn't be less interested.
I can't imagine where you're coming from, mg6b. I reckon hell will freeze before the bib take action from a member of the public.
heebeegeetee said:
I can't imagine where you're coming from, mg6b. I reckon hell will freeze before the bib take action from a member of the public.
If you accept no for an answer, then you will walk away unfulfilled.
If you are unhappy with the advice or action that has not taken place, then insist to see a more senior officer such as a Sgt or Inspector. That should do the trick
. If you come into my nick when I am on duty with evidence which can be coroborrated by another person about a serious driving incident, you will go away fulfilled!
You will not be able to do so if you alone saw the incident.
You must however be prepared to attend court as a witness which may mean taking time off work. Be messed around with dates set and then cancelled and be willing to have your good name and integrity torn apart in the witness box by the defendants solicitor. Strange that when this is explained to the mop who wishes to pursue in issue, the thought of such rapidly changes their mind!
It happened on this site not too long ago when a PH member ranted about conduct near to my patch and under my jurisdiction. I offered to deal with it if he contacted me. I gave the appropriate phone numbers for him to do so. After careful consideration, the offer was declined by the complainant! What can I say
heebeegeetee said:
I can't imagine where you're coming from, mg6b. I reckon hell will freeze before the bib take action from a member of the public.
Unfortunately a lot of BiB can't be bothered to deal with such things, you're right. How many times have i seen on this site various posters basically admit to doing some pretty naughty things on our roads, to then be given every lie and get-out clause by fellow PHers. Same PHers are then the first to whinge and moan about the very same type of driver they've just advised to lie under oath....
Hollywood Wheels said:Bit strong HW but can see your line here. However, it all depends on the nature of the reported / alleged incident. We must remember, political and high ranking plod pressure on hard-pressed front line BiB works in a certain way. If it's an infringement of any sensible law that affronts ordinary people (assault, theft, criminal damage etc) then forget it, not a lot is likely to happen. If it involves an element of political incorrectness as defined by BLiar's coterie of muppets as something that would afffront them as they chatter over the cheques at the latest islingtonian fund raising event, then there will be tyre marks as speed limits and other traffic exepmtions are invoked to get to the site of the latest playground insult that has an unthinking element of orientationism or whatever. Makes sense dunnit?
I can't imagine where you're coming from, mg6b. I reckon hell will freeze before the bib take action from a member of the public.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff