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Reported for dodgy driving
saunaboy
post Sat, 13 Jul 2019 - 14:17
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Hi Everyone,

On motorway today & made a mistake - realised needed to be in left hand lane so changed lane sharply at last minute, and ended up cutting someone up. Basically, they've followed me to a service station down the road, and pulled up next to me. They said they were going to report me to the police.

Now I'm clearly in the wrong & I apologised (apart from being a bit freaked out about being confronted..). But they were adamant. Stormed off saying "expect to be contacted by the police". No dashcam on either car.

What's the deal here - I'm assuming they're going to contact the police. But what then? It was poor driving on my part & I'm givinh myself a hard time as I'm normally a right nazi about it. Can they & might they do anything. Nobody harmed & nothing damaged fortunately.

And yes I'm embarrassed about it & lesson learned.

Cheers for any help.
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post Sat, 13 Jul 2019 - 14:17
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Jlc
post Sat, 13 Jul 2019 - 14:41
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Wait and see if you hear anything - they have 2 weeks to contact you if you are the RK.

Appears to be careless driving but whether they actually report is another matter. Whether the police are that bothered too...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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saunaboy
post Sat, 13 Jul 2019 - 14:44
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Hands up - I was careless. What could happen if they do report?
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The Rookie
post Sat, 13 Jul 2019 - 15:29
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The Police could
1/ Do nothing
2/ Take action and offer an awareness course
3/ Take action and offer a fixed penalty
4/ Take action and summons you to court where the maximum penalty is 9 points (as with any motoring offence a ban is also possible) and £1000 fine for driving without due care and attention, or a much longer ban (min 12 months) if you get found guilty of dangerous driving which is a statutory alternative to careless.

The range is so wide as to be meaningless really.

This post has been edited by The Rookie: Sat, 13 Jul 2019 - 15:31


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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!

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saunaboy
post Sat, 13 Jul 2019 - 15:48
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Without any evidence how likely is anything to happen? Unless they went so far to start trawling through motorway cameras etc there's nothing to go on.
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Jlc
post Sat, 13 Jul 2019 - 16:43
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The other driver is a witness.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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The Rookie
post Sat, 13 Jul 2019 - 16:43
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Of course they have evidence, it’s a common misconception, but a credible witness is evidence.


--------------------
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 8-0 PPC's
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Jlc
post Sat, 13 Jul 2019 - 16:43
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Some people have the time to appear at court...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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andy_foster
post Sat, 13 Jul 2019 - 17:03
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QUOTE (saunaboy @ Sat, 13 Jul 2019 - 16:48) *
Without any evidence how likely is anything to happen?


About 7


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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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saunaboy
post Sat, 13 Jul 2019 - 17:15
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Seriously - any thoughts on the likelihood of this?

Appreciate the responses so far.
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Jlc
post Sat, 13 Jul 2019 - 17:19
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Our crystal ball is on the blink. You’ll just have to deal with what happens, if anything.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Ocelot
post Sat, 13 Jul 2019 - 17:41
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Without dashcam footage they will have to report it to the police and will likely have to go to Court and testify as a witness. There usually has to be an independent witness too (not another occupant of the car), according to the blurb on Police websites.

The Police might send a speculative NIP, so it would probably be worth going to Court in the unlikely event that this happens.
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andy_foster
post Sat, 13 Jul 2019 - 18:21
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QUOTE (saunaboy @ Sat, 13 Jul 2019 - 18:15) *
Seriously - any thoughts on the likelihood of this?


Seriously, we don't know (and to be blunt, many of us don't care).
If you actually receive a NIP, we might be able to offer some constructive legal advice, but currently you're just wasting your time and ours.


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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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southpaw82
post Sat, 13 Jul 2019 - 18:30
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QUOTE (The Rookie @ Sat, 13 Jul 2019 - 16:29) *
dangerous driving which is a statutory alternative to careless.

Is it? Under which statute?


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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The Rookie
post Sat, 13 Jul 2019 - 20:41
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I don’t know, this is what Blackstones says
QUOTE
An offence of careless driving can be tried alongside an offence of dangerous driving as an alternative. However, it is not clear as to why this is done in the magistrates, court as the offence is a statutory alternative in any event


--------------------
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 8-0 PPC's
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southpaw82
post Sat, 13 Jul 2019 - 20:47
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QUOTE (The Rookie @ Sat, 13 Jul 2019 - 21:41) *
I don’t know, this is what Blackstones says
QUOTE
An offence of careless driving can be tried alongside an offence of dangerous driving as an alternative. However, it is not clear as to why this is done in the magistrates, court as the offence is a statutory alternative in any event


Careless is a statutory alternative to dangerous (s 24 Road Traffic Offenders Act 1988) but not the other way around.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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cp8759
post Sun, 14 Jul 2019 - 19:29
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QUOTE (The Rookie @ Sat, 13 Jul 2019 - 17:43) *
Of course they have evidence, it’s a common misconception, but a credible witness is evidence.

The police will in most instances not pursue a case based on the evidence of a single civilian witness. They could, but in practice they simply don't bother most of the time.


--------------------
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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Fredd
post Mon, 15 Jul 2019 - 00:23
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QUOTE (cp8759 @ Sun, 14 Jul 2019 - 20:29) *
They could, but in practice they simply don't bother most of the time.

Not least because in the absence of some independent evidence it would be a case of "he says, she says". "Beyond reasonable doubt" seems problematic, I would suggest.


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Fredd

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