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Full Version: Careless driving, and breach of the piece
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Muddy_landy
Hi folks, at the end of november when the bad snow hit scotland i was out in my landrover, pulling stranded motorists home, it was great fun, until.... I came to a hill with around 10 cars all sitting stationary, because a car at top of hill was completely stuck, so i decided to drive up wrong side of road and pull him out the way, Well on the way up a taxi done a u turn and started coming towards me, there was a big gap between to cars in the left lane, so i indicated and went to pull in, when the guy put the foot down and stopped me getting in, anyway we both got out and had a wee shout at each other, I then turned round and headed a different route home, The police have showed today and charged me for careless driving and breach of the peice. Yeah i shouldnt have shouted and yeah to other road user it might have looked like i was just driving past them all to get up front, my licence is currently clean, but i have had minor offences like speeding, no seatbelts etc, but i was done for careless about 4-5yr ago, will this go against me? And what can i expect at court?

Cheers
jobo
have you had a WRITEN notice of intended prosicution, either through the post or handed to you by the police ?
Muddy_landy
No, Police only came and charged me today for the offence, said i will receive a citation in post in around a months time.

Cheers
jobo
are you and have you been for a while the RK of the lany
Muddy_landy
Yeah around 3yrs now

Cheers
jobo
biggrin.gif well they cant convict you of careless then , as they are required by law to serve a written notice on the RK within 14 days of the offence
Muddy_landy
biggrin.gif So if this did go to court they would need to drop it? or the careless part anyway? Does it matter that they have already charged me? And that i accepted the charge?
jobo
do you mean you accepted your driving was careless ????? that not clever,, butno, you havent pled guilty have you,,its bars conviction if no notice is served, it some times gets hmessy if they say they sent one but you didnt get it


not sure about BoP in scotland, but they would have next to no chance with it in england

NB the log book is correct isnt it ?
Muddy_landy
The officer said this is the 1st time he has had a chance to come see me due to weather,Ive never heard anything about it until today, No i said i didnt agree that my driving was careless, as i was only trying to help.

Suppose ill just need to wait and see what happens, Would you recommend a lawyer? or defend myself?

Knowing my luck, itll be different up here and ill get done, At least my licence is clean.

Cheers

What do u mean about log book? If you mean address, name etc all correct then yes.

Cheers
jobo
il stand to be corrected, bit its the same road traffic act up there, so i cant see why it would ?

lets see what happens with citations etc,,, but you need to be carfull up there to raise issues like this at the first diet
Muddy_landy
Is there something i can print off or something?

Cheers
jobo
read this http://www.theroadtrafficlawyer.com/Offenc...rosecution.aspx

if your going for a solicitor this giuy is very good, if a little expensive

and this

(1)Subject to section 2 of this Act, [F1a person shall not be convicted of an offence to which this section applies unless]—

(a)he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or

(b)within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or

©within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—

(i)in the case of an offence under section 28 or 29 of the M1Road Traffic Act 1988 (cycling offences), served on him,

(ii)in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.
Muddy_landy
Thanks, I couldnt afford a lawyer, It would need to be legal aid for me.

Ill Just wait and see if i receive a citation, Thanks for your help.

Cheers
Logician
No legal aid for this offence, unfortunately.
Aretnap
I believe legal aid would be available for the Breach of the Peace charge, if not the careless driving one. In Scotland BotP is punishable (in theory) by life imprisonment.
Logician
QUOTE (Aretnap @ Thu, 23 Dec 2010 - 15:54) *
I believe legal aid would be available for the Breach of the Peace charge, if not the careless driving one. In Scotland BotP is punishable (in theory) by life imprisonment.

The rules may well be different in Scotland, but in England you would not get legal aid if there was no realistic prospect of imprisonment, as there would not be for shouting at another driver.
Muddy_landy
I was involved in a bit of road rage, long story but it happened on the 28th of November, I left and went home and didnt think anymore of it until the 23rd of December when the police turned up and charged me with careless driving (i drove on wrong side of road to pass some cars stuck in a queue) Im due in court on the 8th of march, I just received my Citation today, I live in Scotland if it makes any difference, Do the police have a time limit to charge me with this offence?

Thanks
peterguk
Linked to this thread i presume..

Mods will merge.
Muddy_landy
Yes it is, but im confused now as i havent received a nip? or have i? i commited offence on 28th of nov and the police came to my house on the 23rd of dec and charged me i then received citation today. Does this 14 day thing still apply to me?
jobo
yes it absolutly applies to the driving offence, they have been known to forget and try it on, as most folk wont know

the only way i could see them getting round it, is if they claim they couldnt find you within 14 days of the offence, but they only have to post it of to the rk address to qualify, if they didnt get the complaint with in 14 days tough
The Rookie
The important thing is, that this being Scotland, you have to rasie it at the first hearing (Diet) (for the careless, doesn't cover the BoP), if you fail to do so you can/may/will loose the opportunity.

Simon

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