Why do they wait till Friday to send letters!
Discussion
Hi all.
Just got a letter from Surrey Police stating that on X day at X time I am alleged to have commited "Driving without reasonable consideration for other persons using the road" also tagged on another page is "Dangerous driving" and "without due care and attention"
I reckon I know what this is for. I'd like to make clear that I have not hit anybody. I have not caused anybody to stop or swerve. There were no pedestrians waiting to cross the road, and no cyclists either. I did not break the speed limit in a built up area either. I know what I have done is "suspect/illegal" probably the sort of thing the police would stop you for though. (No, there were no marked cars in the area either) I wasnt on the phone either.
However, theres no mention in the letter as to the specifics of the offence, they are just asking me to identify the driver at this stage.
Sooo. Should I fill it in to ID the driver and sign it or should I see a Solicitor first. I have always had a clean licence from 1998 till now. I always thought Id get a speeding fine one day but this has thrown me a bit.
Thanks in Advance
Just got a letter from Surrey Police stating that on X day at X time I am alleged to have commited "Driving without reasonable consideration for other persons using the road" also tagged on another page is "Dangerous driving" and "without due care and attention"
I reckon I know what this is for. I'd like to make clear that I have not hit anybody. I have not caused anybody to stop or swerve. There were no pedestrians waiting to cross the road, and no cyclists either. I did not break the speed limit in a built up area either. I know what I have done is "suspect/illegal" probably the sort of thing the police would stop you for though. (No, there were no marked cars in the area either) I wasnt on the phone either.
However, theres no mention in the letter as to the specifics of the offence, they are just asking me to identify the driver at this stage.
Sooo. Should I fill it in to ID the driver and sign it or should I see a Solicitor first. I have always had a clean licence from 1998 till now. I always thought Id get a speeding fine one day but this has thrown me a bit.
Thanks in Advance
Edited by Rich_W on Friday 1st February 20:36
Any action you take from now on will prejudice you so think very carefully.
A friend of mine insists he will only ever respond to a summons to court - thats one view.
Because of the obscure nature of the offences a solicitor may help un-ravel it.
There are options to weigh up so have a good think about it
A friend of mine insists he will only ever respond to a summons to court - thats one view.
Because of the obscure nature of the offences a solicitor may help un-ravel it.
There are options to weigh up so have a good think about it
"Hypothetically" If I took the 6 points for failure to ID, is that the matter done and dusted? TBH its on the road I commute on every single day. So if they were inclcined they could easily find me.
At the back of my mind is that I dont want to antagonise the Police as should this go to court (Sadly I think thats likely) I dont want that to go against me.
EDIT
splitter / judas
Jumping to the summons will that likely have the specific details?
At the back of my mind is that I dont want to antagonise the Police as should this go to court (Sadly I think thats likely) I dont want that to go against me.
EDIT
splitter / judas
Jumping to the summons will that likely have the specific details?
Edited by Rich_W on Friday 1st February 21:12
Rich_W said:
"Hypothetically" If I took the 6 points for failure to ID, is that the matter done and dusted? TBH its on the road I commute on every single day. So if they were inclcined they could easily find me.
At the back of my mind is that I dont want to antagonise the Police as should this go to court (Sadly I think thats likely) I dont want that to go against me.
That's why I asked about the failure to notify, as it might be that you need not attend and that would be the end of the matter, albeit with 6 points and a hefty fine. Having said that, if you know who was driving, I'm sure that'd be a case of Perverting the Course of Justice which would land you a spell at Her Majesty's should you be found out.At the back of my mind is that I dont want to antagonise the Police as should this go to court (Sadly I think thats likely) I dont want that to go against me.
If you want to discuss it in private (I've been through a dangerous driving situation myself last year) you're always welcome to email me through my profile.
Rich_W said:
Jumping to the summons will that likely have the specific details?
How serious was the incident? The police may choose to get you to the station and interview you.If they don't and it gets to a summons, the summons itself won't contain that much detail. Your solicitor would apply for disclosure of the evidence against you which should get to you before any plea.
Once you are identified, your ability to defend yourself successfully is a function of what they have against you, e.g. how many police / witnesses we are talking,what you actually did, in other words... once identified whatever you have done may be too difficult to defend against and you may loose your licence... so hence think it through.
The standard advise (especially from the Police) is always to respond to the NIP
The standard advise (especially from the Police) is always to respond to the NIP
10 Pence Short said:
Having said that, if you know who was driving, I'm sure that'd be a case of Perverting the Course of Justice which would land you a spell at Her Majesty's should you be found out.
It's not. You can't pervert the course of justice through an omission. It has to be a positive act. Rich_W said:
"Hypothetically" If I took the 6 points for failure to ID, is that the matter done and dusted?
Possibly. But be aware there may be other ways of identifying you which haven't come to light. CCTV etc. FishFace said:
10 Pence Short said:
Having said that, if you know who was driving, I'm sure that'd be a case of Perverting the Course of Justice which would land you a spell at Her Majesty's should you be found out.
It's not. You can't pervert the course of justice through an omission. It has to be a positive act.Couldn't it be argued that not identifying the driver when you know it was you is a positive act?
10 Pence Short said:
FishFace said:
10 Pence Short said:
Having said that, if you know who was driving, I'm sure that'd be a case of Perverting the Course of Justice which would land you a spell at Her Majesty's should you be found out.
It's not. You can't pervert the course of justice through an omission. It has to be a positive act.Couldn't it be argued that not identifying the driver when you know it was you is a positive act?
10 Pence Short said:
FishFace said:
10 Pence Short said:
Having said that, if you know who was driving, I'm sure that'd be a case of Perverting the Course of Justice which would land you a spell at Her Majesty's should you be found out.
It's not. You can't pervert the course of justice through an omission. It has to be a positive act.Couldn't it be argued that not identifying the driver when you know it was you is a positive act?
How to avoid any change of PCJ all together? Commit the same offence through an omission i.e. don't bother filling / returning the form.
The above should be considered very carefully and legal advice should be sort. I'm not advocating the above, merely pointing out legal differences. Of course, if you do declare and get interviewed / investigated there may well not be enough evidence for any prosecution. Only the OP knows what happened so will have to make that judgment call.
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