Advice / help required - what happens if you get reported
Discussion
what happens if you get reported for bad driving - tonight - driving down a dual carridge way - splits into three lanes just before lights - the lights changed to green just as I approached - so I accelerated (for a couple of seconds) through the traffic, (the road was a little damp and the back end of the car slipped away from me - adjusted it, all under control)- and then about a mile up pulled over to take a look in a shop - didnt go over the speed limit - and was a total accident...
On pulling over, a car pulled up behind me, took note of my car / reg number etc and then got out of the car and told me the he and his wife were going to report me to the police for dangerous driving.
My question is this - what can happen with this report (i.e. can any formal action be taking) and (b) does this turn into a them Vs me, i.e. both of our opionions are valid? - dont wanna get busted for something that was accidental / and no damage done / no laws broken.
any advice muchly appreciated.
Thks
Stuart.
On pulling over, a car pulled up behind me, took note of my car / reg number etc and then got out of the car and told me the he and his wife were going to report me to the police for dangerous driving.
My question is this - what can happen with this report (i.e. can any formal action be taking) and (b) does this turn into a them Vs me, i.e. both of our opionions are valid? - dont wanna get busted for something that was accidental / and no damage done / no laws broken.
any advice muchly appreciated.
Thks
Stuart.
Edited by ssavill on Thursday 11th January 13:03
forget it - the police wont be interested I'm sure
they're far too busy to take notice of a couple of biddys
what can they do anyway? just drop round and tell you they spoke to two old biddys that said...............blah blah blah........we'll be watching you from now on etc etc etc
sleep easy
they're far too busy to take notice of a couple of biddys
what can they do anyway? just drop round and tell you they spoke to two old biddys that said...............blah blah blah........we'll be watching you from now on etc etc etc
sleep easy
ssavill said:
hi welsh blackbird - i guess in that example - a red light was run - in my case (a) i hadnt gone thru red light, (b) i prob was going a little fast but not manicly so, and short of them having radar gun in the car, i doubt the have that ;-)
This case just shows that the police do (sometimes) prosecute on the strength of information supplied by other drivers. The prosecution argued that the complainant had never reported another driver in 40 years of driving, so it was unlikely to be a malicious complaint.
I heard about this case from the defence solicitor, who used to be a policeman. He said that most times when members of the public came into the station complaining about other drivers, the desk officer would write down the details and then bin them when the complainant left.
ssavill said:
My question is this - what can happen with this report (i.e. can any formal action be taking) and (b) does this turn into a them Vs me, i.e. both of our opionions are valid?
How can their opinion carry any more weight than yours?
So you accelerated briskly after the lights, wiggled a little fishtail due to power/rear wheel drive/damp surface, all safe and under control? It sounds like your loud exhaust note may have startled the couple a little as you passed, and they over reacted to that. You were only doing the limit weren't you?
welsh blackbird said:
ssavill said:
hi welsh blackbird - i guess in that example - a red light was run - in my case (a) i hadnt gone thru red light, (b) i prob was going a little fast but not manicly so, and short of them having radar gun in the car, i doubt the have that ;-)
This case just shows that the police do (sometimes) prosecute on the strength of information supplied by other drivers. The prosecution argued that the complainant had never reported another driver in 40 years of driving, so it was unlikely to be a malicious complaint.
I'm not disbelieving you, but there must be more to it than that. They can't prosecute on the strength of a MOP's opinion. The fact he hadn't complained for 40 years doesn't prove anything. Maybe they had a red light camera photo, but the car only had a front plate? Nosey MOP notes front plate after car jumps the red and they use his evidence combined with the photo.
If the person who stated that he was reporting the matter to the Police does so then the following may well happen.
Complainant visits Plodshop. If he can get beyond the Frontdesk Civvy they may take it seriously and allocate an investigative officer who will point out various problems of bringing a one against one to Court. If complainant is very credible and has a list of witnesses he may pursue and take a statement together with details of all witnesses who in time will similarly be interviewed.
Before 14 days are up he will arrange for an Notice of Intended Prosecution to be sent to Reg Keeper of vehicle involved providing complainnant has recorded correct details.
May well at this stage seek guidance of CPS to see if evidence from the complainant/witnesses is strong enough to support a prosecution.
Given the nod the next step will be for driver to be identified either by personal visit to Reg Keeper or Section 172 (name and shame) paper request.
Once driver known interviewed under caution and invited to give his account. Statements also taken from any of his witnesses.
Full outline of evidence submitted to CPS who may decline to prosecute in which case letter SHOULD BE SENT WITHDRAWING THE NOIP (not always done nowadays). Complainant also advised NFA.
If prosecution authorised then file passed to Court Office where information laid about the alleged offence, court date/time arranged and summons sent out for service.
COURT.
It can therefore be seen that it is not an easy task to get a one against one to Court in todays current vfm culture but it can be done. Used to be be the dictum-prosecute and let the bench decide.....but those days are long gone.
dvd
Complainant visits Plodshop. If he can get beyond the Frontdesk Civvy they may take it seriously and allocate an investigative officer who will point out various problems of bringing a one against one to Court. If complainant is very credible and has a list of witnesses he may pursue and take a statement together with details of all witnesses who in time will similarly be interviewed.
Before 14 days are up he will arrange for an Notice of Intended Prosecution to be sent to Reg Keeper of vehicle involved providing complainnant has recorded correct details.
May well at this stage seek guidance of CPS to see if evidence from the complainant/witnesses is strong enough to support a prosecution.
Given the nod the next step will be for driver to be identified either by personal visit to Reg Keeper or Section 172 (name and shame) paper request.
Once driver known interviewed under caution and invited to give his account. Statements also taken from any of his witnesses.
Full outline of evidence submitted to CPS who may decline to prosecute in which case letter SHOULD BE SENT WITHDRAWING THE NOIP (not always done nowadays). Complainant also advised NFA.
If prosecution authorised then file passed to Court Office where information laid about the alleged offence, court date/time arranged and summons sent out for service.
COURT.
It can therefore be seen that it is not an easy task to get a one against one to Court in todays current vfm culture but it can be done. Used to be be the dictum-prosecute and let the bench decide.....but those days are long gone.
dvd
ssavill said:
My question is this - what can happen with this report (i.e. can any formal action be taking) and (b) does this turn into a them Vs me, i.e. both of our opionions are valid?
Advice would be if it ever happens again then a smile and a friendly word at this stage would be your best plan, possible trying to exaplin that you didn't breach the safe limit on the road etc etc
I'd have told the interfering do-gooders that you noticed someone in an identical car to yours driving a bit spiritedly past you as you stopped. What a shame they thought you were the same driver. (All assuming they weren't up your exhaust pipe all the way from the lights to whee you stopped).
welsh blackbird said:
Recent case in North Wales - driver went through red light. Following motorist took his number and reported him to the police. Prosecution followed. Charged with driving without due case. Found guilty and fined £150.
I dont buy that. There must have been other corroborative evidence like CCTV or additional witnesses. The report probably only drew it to the attention of the Police to investigate, being reported on its own wouldnt have gotten anywhere. Folks would be making false malicious and spitefull reports left right and centre otherwise to deliberately get folks into trouble, guilty or innocent.
Balmoral Green said:
welsh blackbird said:
Recent case in North Wales - driver went through red light. Following motorist took his number and reported him to the police. Prosecution followed. Charged with driving without due case. Found guilty and fined £150.
I dont buy that. There must have been other corroborative evidence like CCTV or additional witnesses. The report probably only drew it to the attention of the Police to investigate, being reported on its own wouldnt have gotten anywhere. Folks would be making false malicious and spitefull reports left right and centre otherwise to deliberately get folks into trouble, guilty or innocent.
me neither - their word against his, no independant witness, only a police officer could succesfully report this offence and get a result anyone else would be largely ignored - and jumping a red light is ignoring a traffic signal (TS10 and a small fine) not driving with undue care, thats a totally different and more serious offence carrying a larger penalty
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