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Failure to provide and notice of intended prosecution for lack of due care? Help Please.
Kdot123
post Tue, 30 Jan 2018 - 21:14
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thanks for the adice

This post has been edited by Kdot123: Wed, 31 Jan 2018 - 19:29
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post Tue, 30 Jan 2018 - 21:14
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notmeatloaf
post Tue, 30 Jan 2018 - 22:21
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Seeing as you seem aware they may prosecute for failure to provide AND due care then it is probably fair to say you have received a verbal NIP.

From now they have six months to charge you for due care and/or failing to provide. It tends to be quicker for DD offences or up to the six months for due care.

You can't really do much until you know what you are being charged with. Check with your insurer if they need to be notified of potential DD proceedings because you will more than likely be on the police radar for a while.
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Kdot123
post Wed, 31 Jan 2018 - 01:14
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j

This post has been edited by Kdot123: Wed, 31 Jan 2018 - 19:31
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The Rookie
post Wed, 31 Jan 2018 - 05:31
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It would be normal to, but they don’t have to.


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cp8759
post Wed, 31 Jan 2018 - 09:54
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QUOTE (Kdot123 @ Tue, 30 Jan 2018 - 21:14) *
No offer of a blood test, Put in a cell.

I'm surprised they didn't offer a blood or urine test, did you ask for one?
It is *possible* you might be able to persuade a court that you could not blow into the machine due to your injuries (depending on what your injuries were and what your medical records show), but this would be significantly more credible if you had asked the police why they wouldn't accept a blood or urine test and they simply refused / ignored you.

On the other hand, if it was later appreciated that this may be a viable defence, this might explain why you weren't charged with failure to provide.

QUOTE (Kdot123 @ Tue, 30 Jan 2018 - 21:14) *
3- notice of intended prosecution.

If you were involved in an accident, there is no requirement to give you a NIP at all.


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Kdot123
post Wed, 31 Jan 2018 - 12:29
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QUOTE (cp8759 @ Wed, 31 Jan 2018 - 09:54) *
QUOTE (Kdot123 @ Tue, 30 Jan 2018 - 21:14) *
No offer of a blood test, Put in a cell.

I'm surprised they didn't offer a blood or urine test, did you ask for one?
It is *possible* you might be able to persuade a court that you could not blow into the machine due to your injuries (depending on what your injuries were and what your medical records show), but this would be significantly more credible if you had asked the police why they wouldn't accept a blood or urine test and they simply refused / ignored you.

On the other hand, if it was later appreciated that this may be a viable defence, this might explain why you weren't charged with failure to provide.

QUOTE (Kdot123 @ Tue, 30 Jan 2018 - 21:14) *
3- notice of intended prosecution.

If you were involved in an accident, there is no requirement to give you a NIP at all.


I cooperated and said I have **** lungs from smoking 20 a day. Also I had a head injury but despite what they say I at no point refused another speicmen.

So Iv filled in the nip. What do you mean no need to give me one? That’s what I’m thinking surely they maybe will only pursue the Due care charge? Or have they referred the failures to provide to the CJ?

This post has been edited by Kdot123: Wed, 31 Jan 2018 - 12:30
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The Rookie
post Wed, 31 Jan 2018 - 12:46
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QUOTE (Kdot123 @ Wed, 31 Jan 2018 - 13:29) *
So Iv filled in the nip.

What NIP, and ignoring the fact you cant fill in a Notice, what do you actually have?


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Kdot123
post Wed, 31 Jan 2018 - 13:24
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QUOTE (The Rookie @ Wed, 31 Jan 2018 - 12:46) *
QUOTE (Kdot123 @ Wed, 31 Jan 2018 - 13:29) *
So Iv filled in the nip.

What NIP, and ignoring the fact you cant fill in a Notice, what do you actually have?


So when I left they gave me a NIP for driving without. Due care.

At the back it asks if I was driving at the time of the incident. I filled it in and sent it off.

I’m more worried about the failure to provide because I cooperated but at the time couldn’t blow. Yet for this I haven’t been charged yet. They gave me my sheet back from the breathalyser but nothing else.
So based on the above is it likely they will pursue me for both crimes? Atm the waiting is what’s killing me. I need to know whether I should buy a car to restart my life after this incident- or will I be facing a ban for the failure ( despite them not taking bloods, me saying I’m a heavy smoker and the head injury)
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The Rookie
post Wed, 31 Jan 2018 - 13:29
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Are you in Scotland? I can't see the need for a written S172 response (to name the driver) otherwise.

No-one here will be able to say if they intend to follow both possible charges or not, its a definite maybe......


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Rookies 1-0 Birmingham

PPC PCN's
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Kdot123
post Wed, 31 Jan 2018 - 13:43
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QUOTE (The Rookie @ Wed, 31 Jan 2018 - 13:29) *
Are you in Scotland? I can't see the need for a written S172 response (to name the driver) otherwise.

No-one here will be able to say if they intend to follow both possible charges or not, its a definite maybe......


No England. What do you mean you can’t see the need? You mean why they would nip me for that offence?

On the breathalyser result sheet they gave me- it’s not from mine. It has someone else’s names and reading onit?!? I’m confused by this whole procedure.

This post has been edited by Kdot123: Wed, 31 Jan 2018 - 13:44
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The Rookie
post Wed, 31 Jan 2018 - 13:52
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Ignore the NIP, its the S172 response naming the driver, I really don't see the need unless the loacl force has a very belt and braces approach to everything (as well as elasticated waist trousers).

Giving you the wrong sheet is clearly a mistake, I wonder if they confused you and another driver at the station, does that sheet show a failure to provide or a result?


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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Kdot123
post Wed, 31 Jan 2018 - 15:53
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QUOTE (The Rookie @ Wed, 31 Jan 2018 - 13:52) *
Ignore the NIP, its the S172 response naming the driver, I really don't see the need unless the loacl force has a very belt and braces approach to everything (as well as elasticated waist trousers).

Giving you the wrong sheet is clearly a mistake, I wonder if they confused you and another driver at the station, does that sheet show a failure to provide or a result?


The sheet shows a result not failure to provide and its someone else’s.

I filled in the form naming me as the driver.

Is it a case now too see what they will be doing in regards to failure to provide. But I was released without charge, wasn’t offered blood, given someone else’s breath reading. And they acknowledged my head injury.

Will they still pursue this case?
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The Rookie
post Wed, 31 Jan 2018 - 16:00
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As has been said many times, no-one knows if they will pursue the case or not, time will tell.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
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Logician
post Wed, 31 Jan 2018 - 21:57
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QUOTE (Kdot123 @ Wed, 31 Jan 2018 - 15:53) *
QUOTE (The Rookie @ Wed, 31 Jan 2018 - 13:52) *
Ignore the NIP, its the S172 response naming the driver, I really don't see the need unless the loacl force has a very belt and braces approach to everything (as well as elasticated waist trousers). Giving you the wrong sheet is clearly a mistake, I wonder if they confused you and another driver at the station, does that sheet show a failure to provide or a result?
The sheet shows a result not failure to provide and its someone else’s. I filled in the form naming me as the driver. Is it a case now too see what they will be doing in regards to failure to provide. But I was released without charge, wasn’t offered blood, given someone else’s breath reading. And they acknowledged my head injury. Will they still pursue this case?


You do not have to be offered a blood test if the officer does not consider you have given a satisfactory reason for failing to complete the procedure; if there is a read-out on which the prosecution will rely you have to be given a copy or have it served on you within 7 days, that does not apply to a failed test. They do not have to charge you immediately, although that would be usual, whether or not they pursue the case we cannot say.



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