Dangerous driving advice
Discussion
I am needing some advice for a work mate if anyone can help.
He has recieved a letter from the procurator fiscal stating as follows
"he drove a vehicle dangerously and crossed double white centre lines in a turning lane, overtook in the face of oncoming traffic when it was not safe to do so and drove at excessive speeds in a built up area contrary to the road traffic act"
This was a different account and had additional charges on the letter than when he was stopped.
The speed limit was 60mph on an A road, he was behind 2 cars doing 40 mph. There was a junction to the right and a straight of approx 300m before a corner. The two cars had passed the junction and he overtook while still on the solid white lines but had passed the turn off.
There was no oncoming traffic as stated, he had continued for a couple of miles in to a built up area and was held up by traffic lights.
A police car pulled up behind him and was charged with dangerous driving and nothing else.
He has a clean license with no points or any previous ones, the police have no evidence to back up their charges.
Where does he stand with the court on this matter ie whats the chances of this being proven, and if found guilty what can he expect to receive.
He leaves the rig on tuesday so an answer before then would be greatly appreciated.
He has recieved a letter from the procurator fiscal stating as follows
"he drove a vehicle dangerously and crossed double white centre lines in a turning lane, overtook in the face of oncoming traffic when it was not safe to do so and drove at excessive speeds in a built up area contrary to the road traffic act"
This was a different account and had additional charges on the letter than when he was stopped.
The speed limit was 60mph on an A road, he was behind 2 cars doing 40 mph. There was a junction to the right and a straight of approx 300m before a corner. The two cars had passed the junction and he overtook while still on the solid white lines but had passed the turn off.
There was no oncoming traffic as stated, he had continued for a couple of miles in to a built up area and was held up by traffic lights.
A police car pulled up behind him and was charged with dangerous driving and nothing else.
He has a clean license with no points or any previous ones, the police have no evidence to back up their charges.
Where does he stand with the court on this matter ie whats the chances of this being proven, and if found guilty what can he expect to receive.
He leaves the rig on tuesday so an answer before then would be greatly appreciated.
Seems to me JockPlod (x 2?) must have had some evidence which led them to STOP your friend and also refer the matter on to PF for him to send the letter.
Does the letter from PF contain a summons to attend at a Court at a specific time/date, or has the letter been received within 15days of the time/date of the incident with no Court mentioned?. If so then this will be the preliminary Notice of Intended Prosecution that has to be served in such cases otherwise no proceedings can take place? Normally when stopped this is given verbally but some Forces back up with a written NOIP (just to be ultra safe)
Dangerous driving: Summarily: 6 months impr and or fine £5,000 obligatory disq.
On Indictment: 2 yrs imp, fine or both.
Failt to conform to Traffic sign (DWL) £1000 fine, discretionary disq, 3 penalty points.
dvd
Does the letter from PF contain a summons to attend at a Court at a specific time/date, or has the letter been received within 15days of the time/date of the incident with no Court mentioned?. If so then this will be the preliminary Notice of Intended Prosecution that has to be served in such cases otherwise no proceedings can take place? Normally when stopped this is given verbally but some Forces back up with a written NOIP (just to be ultra safe)
Dangerous driving: Summarily: 6 months impr and or fine £5,000 obligatory disq.
On Indictment: 2 yrs imp, fine or both.
Failt to conform to Traffic sign (DWL) £1000 fine, discretionary disq, 3 penalty points.
dvd
Down south, CPS know how hard it is to get DD to stick, and often downgrade to careless, or a more direct offence (S16 DWL abuse).
Factors for consideration will be whether it was over an extended period or just a one-off, whether other road users were actually endangered, state of vehicle and driver, etc.
Factors for consideration will be whether it was over an extended period or just a one-off, whether other road users were actually endangered, state of vehicle and driver, etc.
He has a court date for july and is pretty worried as he has never been in this type of situation before. I dont think he realised the penalty's for crossing a white line. Surely though some form of camera evidence would be needed or are two policemens word good enough for a prosecution.
thanks for the replies
Craig
thanks for the replies
Craig
craig2003 said:
He has a court date for july and is pretty worried as he has never been in this type of situation before. I dont think he realised the penalty's for crossing a white line. Surely though some form of camera evidence would be needed or are two policemens word good enough for a prosecution.
thanks for the replies
Craig
Two Police officers evidence will suffice.thanks for the replies
Craig
Dwight VanDriver said:
Seems to me JockPlod (x 2?) must have had some evidence
Ordinarily I would agree, but on a clear day around noon, in Aberdeen, I had TWO POLICE OFFICERS try to tell me me I had driven up a one way street the wrong way.When I stopped listnning to their drivel, and demanded their names or numbers to lodge an official complaint, they backed off, got in the car, and departed.............
I might add I HAD NOT DRIVEN THE WRONG WAY..........
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