Police blatantly lying, help me please. Options

[tessie]

OK, I received an NIP on the 24th of march this year stating that my driving was wreck less and without due care and attention
went through red lights and failed to stop when requested to do by a constable in uniform on the 23rd of march (day after nip hand delivered day after).


Today on the 15 September received a summons (date of information 31/08/2011).


I honestly did not see no police officer nor did i go through a set of red lights.

I have been a trauma nurse for years and have dealt with everything you can imaging.

I certainly have no reason not to stop.

Where do i stand on this please people. Need some help as i feel i am being targeted.

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[southpaw82]

And why would the police be targeting you? Why would the police be "blatantly lying"? What is more likely is that a police officer believed you went through a red/amber light and tried to stop you but you didn't see them.

What is the summons for? Where did this offence take place?

[Aretnap]

OK, I received an NIP on the 24th of march this year stating that my driving was wreck less and without due care and attention
went through red lights and failed to stop when requested to do by a constable in uniform on the 23rd of march (day after nip hand delivered day after).

Reckless driving is no longer an offence - do you mean dangerous driving?

What are the actual offences on the summons?

[The Rookie]

Ok to be clear, the officer is not blatantly lyiny, hie may however be confused or incorrect, saying in court he's lying (without good reason) is a quick way to a guilty verdict.

I assume with the NIP you were required to name the driver at the time and place of the alleged offence?
So where you at the scene of the alleged crime at the relevant time? Did you go through some lights were you thought it was only just OK? Bearing in mind that crossing on Amber when you can stop safely is still an offence. I assume you have the officers statement in the summons pack, what does it tell you, does it say where he was?

Simon

[tessie]

No statement from the officer in the pack. Should they of sent one out. Can i request one?

Manny thanks for your input.

[Hotel Oscar 87]

If you have no statement from the officer involved, is there also no summary of facts, usually attached to the summons itself?. Does this give a clue to the circumstances of the aslleged offences that gives you some clue as to the circumstances?

As for the officers statement this would usually be included in the summons bundle but obviously not in your case. You could request one - it may have been inadvertently omitted - but equally you may ultimately be directed to enter a not guilty plea before a full bundle is disclosed. Different disclosure rules apply in Scotland.

[Logician]

It sounds as though in any event you need to put in a not guilty plea, as you are certain you did not go through any red lights. If when you see the officer's statement you feel that there is no chance of effectively rebutting it even though you might still be convinced of your innocence, you can then change your plea. You will still be entitled to some discount off the fine and the costs will be lower.

[tessie]

Thanks i will be uploading the full paperwork received as soon as i take some good pictures.


So do you think they have ommited the statement for a reason.

[Pete D]

Was there a location on the NIP and did you travel on the road at that time. Could the officer have got your registration wrong and you were no where near the location and if so can you prove it. Pete D

[tessie]

Thats all i got along with an income declaration.

[Pete D]

Can you answer the questions I put to you in Post#9. Pete D

[The Rookie]

Hmm so accused of DWDCA yet nothing that says what it was at all, if its merely going through the red light then they can (should) only 'do' you for one offence, if the DWDCA is a separte issue at the same time then you should only get points for one offence.

Its hard to see how you can plead when you don't know what you are accused of doing!

2 choices I think
1/ Decline to plea on DWDCA requesting sufficient detail about the DWDCA to allow you to enter a plea and plead not guilty to the other 2 (see below).
2/ Decline to plea on DWDCA (as above) plead not guilty for failing to stop on the basis you were not aware of any such requirement and therefore have that defence, plead guilty to the red light on the basis it may be very hard to contest and they may drop the others anyway.

Simon

[glasgow_bhoy]

Your regi plate is showing on that last page.

[tessie]

Can you answer the questions I put to you in Post#9. Pete D

Yes I was in that location and have replied saying I was.

What would be the worst case scenario outcome?

This post has been edited by tessie: Fri, 23 Sep 2011 - 15:37

[The Rookie]

Its pointless talking worst case as that shouldn't happen, but if you insist....

Worst case you get more than 12 points and straight into a 6 month ban....

You need to insist on getting the officers statement to understand how the allegation came about, its not realistic to enter a plea as you don't know what the punishement will be for the DWDCA without seeing the details of what is alleged (and the court can't sentance either) also you don't know whether the offences can be considered to have occured at the same time or not which would leave you (assuming guilty for all) just facing points/ban for the DWDCA as the most serious offence.

Simon

[tessie]

How long do i get to respond to this. By this i mean plead not guilt .

[The Rookie]

By the date of the court case, nothing will happen until that date, so as long as they have your responce (guilty, not guilty, how do I plea when I don't know what I'm accused of) by then your fine.

Simon