Hi all,
In early November 2012 I was involved in a collision with an off-duty police officer (I was driving, he was cycling). I have now been issued with a letter stating that I may have driven without due care and attention, and inviting me to attend a driver awareness course as an alternative to possible proceedings in the Magistrates' Court. I do not believe I committed an offence, and I am wondering two things: a) how likely is it that I would be found guilty in court, and b) did the police follow the correct procedure in my case (and does this matter). I would be extremely grateful for any help.
On the morning of 6th November 2012, at 6.30am, I left the house to go to the gym (as I do many times per week). At that time it was pitch black, i.e. night conditions. I approached the following T-junction in 2nd gear, slowing to 12-15mph:
http://maps.google.co.uk/maps?q=cb6+3ex&am...133.73,,0,12.51
I looked both ways coming up to the T-junction and satisfied myself that there were no hazards around, so I did not stop and I turned left into the main road. As I joined the main road I heard a shout and felt a collision and realised that I had collided with a cyclist. I immediately stopped and got out to see if he was alright. He appeared unhurt, was very angry, and his first words were along the lines of "I have to say to you, anything you say may be used against you, because I am a police officer and I am going to report you for driving without undue care and attention". At that point my main concern was establishing if he was okay and if we needed to call an ambulance. Eventually after a few minutes we established that he was unhurt, his bike was undamaged, and my car had a scuff on the wing mirror. We exchanged details and he advised me to report myself to the local police station.
I drove to the police station as soon as it opened (later that morning) and spoke to an officer at reception. I gave him my account of what happened, which he appeared to write on the back of a piece of scrap paper. I asked what would happen next and he said "PC X (the officer I collided with) will get in touch with you". This struck me as odd since, being involved in the collision, I would have thought there would be a conflict of interest in him handling this case.
I heard nothing after that until I received the letter in the post on Friday 18th January. I am now unsure about my best course of action. I do not believe that I am guilty of careless driving. I definitely remember looking both ways. Although the officer was wearing a high-viz jacket and had his bike light on, I maintain that it is hard to see cyclists in the dark, and that the angle at which I approached the T-junction (and the position of the cyclist as I approached it) might have made it hard for me to see his light - and my headlights may not have shone on him either. To me this is just an unfortunate accident where we were both unlucky. I also feel that if I had collided with a civilian, the outcome may have been different.
Also, I am uncomfortable with the procedure that has been used up to this point:
- Should an impartial police officer have been called to the scene of the collision?
- Should my informal chat with the officer at reception have been some kind of more formal statement? Should I have signed something? (I don't recall signing anything)
I am extremely grateful for any advice/opinions about what I should do.
Thank you very much.