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S172 Alleged Criminal Damage/Dangerous Driving, No NIP yet. Altercation happened 19 weeks ago.
Franklynn
post Sun, 13 Jan 2019 - 18:00
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Good afternoon you fine bunch!

Straight to it smile.gif

Received a S172 of which scouring the forum seems usual. The allegation is slightly worrying! - Criminal Damage/Dangerous Driving.

Back 19 weeks ago I was involved in a small collision where in I was cut up and brake checked. At the time i was thinking insurance fraud or just someone with little/no fuse!
(Other vehicle was in more of a rush than me and wasn't happy I let a HGV out).

Long and short of it, after the driver and passenger giving me some intimidating hand gestures trying to get me to pull over, he cut in and brake checked me.
He cut in close and braked. Bumpers touched for what seemed like forever!
I swerved into the first lane and then into the hard shoulder but didn't come to a stop neither did the other car.
I pull back out into the first lane at a reduced speed. The other car now beside me passenger recording me on his phone.

I hope you can appreciate written down it would seem I had endless amounts of time to react but this was nearly 200 miles from my house on a Monday morning heading to a distant worksite. You may laugh but I was quite rightly terrified! I had anticipated them continuing following me so I thought maybe to a police station but before I knew it they had shot off into the distance. I continued at a reduced speed for the remainder of my journey. Once I arrived at my destination I telephoned 101 and reported it and was also instructed to fill out an online collision report of which I submitted on my lunch break.

This was back in September and I received the S172 yesterday (12thJan) I do not see any point in holding onto this as having reported the incident I have already confirmed I was driving. In all likelihood the PC who has issued the S172 isn't aware of me reporting it and is following up what I imagine is the other driver now reporting it.

I am new to this in that this is my first bit of trouble in the 11 years I have been driving! So was hoping for some opinions of what to expect!
The alleged offence is worrying me, I drive 1000+ miles a week and being self employed its my sole income for me and my family!


Anyone any information/guidance? would be very appreciated!


Forgot to mention I have a reference number from the online collision report that I was thinking to add this to the S172 when I return it.

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post Sun, 13 Jan 2019 - 18:00
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cp8759
post Sun, 13 Jan 2019 - 20:46
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At this point all you can do is return the s172 duly completed, as the police will want to identify all involved. If they think there's anything to it, you'll be given an opportunity to give your version of events, now is not the time.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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The Slithy Tove
post Sun, 13 Jan 2019 - 20:50
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QUOTE (Franklynn @ Sun, 13 Jan 2019 - 18:00) *
Forgot to mention I have a reference number from the online collision report that I was thinking to add this to the S172 when I return it.

I'll leave it to others to give far better advice than I could offer, but one question:
Is the police force you reported to via 101 the same one as issued the S.172? You don't say how much further you travelled from the incident to your work, and whether it crossed police force areas. If they are different, then the force issuing the S.172 will probably not be aware of what you have already done.
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Franklynn
post Sun, 13 Jan 2019 - 21:03
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Hi and thanks for both your replies!

The force that issued the S172 is the same force I completed the online form and called 101.

I had hoped to nip this in the bud as it seems an excessive allegation! Its making me sick thinking about it!


Am I right in thinking the 14 day NIP has passed or is it longer for a DD charge?



This post has been edited by Franklynn: Sun, 13 Jan 2019 - 21:04
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cp8759
post Sun, 13 Jan 2019 - 21:10
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QUOTE (Franklynn @ Sun, 13 Jan 2019 - 21:03) *
Am I right in thinking the 14 day NIP has passed or is it longer for a DD charge?

The rule does not apply if there has been a collision, however small.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Franklynn
post Sun, 13 Jan 2019 - 21:17
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Ok Thanks cp8759.

I was hoping that I had satisfied the requirements with regards reporting of the incident and that was the cause of the DD allegation.

Possible I may get stuck in a he said she said scenario unsure.gif
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cp8759
post Sun, 13 Jan 2019 - 21:27
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QUOTE (Franklynn @ Sun, 13 Jan 2019 - 21:17) *
Possible I may get stuck in a he said she said scenario unsure.gif

This seems quite likely, but the charges being contemplated are quite serious. Very often you end up getting a letter from the police saying no further action is being taken, however if that isn't the outcome, I would advise against saying anything at all to the police without getting advice from a solicitor first.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Franklynn
post Sun, 13 Jan 2019 - 21:39
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Thanks again cp8759 your input is appreciated!

Ill keep my fingers crossed and hope for the best! I had always thought you had to do something outrageous to be considered for dangerous driving!
I haven't any motoring or any type of convictions as cant risk my livelihood over it! mellow.gif
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andy_foster
post Sun, 13 Jan 2019 - 23:28
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Won't help with the current case, but you might want to consider getting a dash cam.


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Andy

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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