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ori1234
Hey guys,

Being prosecuted for careless driving. The offense is clear cut so I'm not going to appeal. I have two question which I'm really confused about:

1. They included in the prosecution letter a mention of failure to produce documents, but under the actual offenses list this isn't there. I've had no contact with the police, and haven't been asked to produce any documents at all (I was fully insured and so have nothing to hide). Can I assume that this is just an admin error that it was included? I'm a little bit worried about it, obviously I don't want to be charged with something that I haven't done.

2. I asked a solicitor's advice, and he suggested that if I plead guilty to the careless driving they might increase the charge to dangerous driving. Is this something that can be legally done? I'm being accused of careless driving, and so it seems very wrong that they can increase the charge after I admit to the lesser one. The offense didn't involve a crash, speeds above 5mph or anyone getting hit/hurt in any way (although did technically involve pedestrians moving out of the way), so this seems pretty odd. I can completely see that it's careless driving, but in my mind dangerous driving is when there's the potential for something to get killed/very seriously injured. Is the solicitor (who I haven't yet hired) talking BS, or could this actually be done?

Advice would be very much appreciated.
Jlc
Find another solicitor. Even better, you don't need one at all if you are pleading guilty.

I presume you have the summons from the court and the careless offence is only listed?

You haven't said how and when you were notified about being prosecuted - certain offences (including dangerous) are subject to certain requirements of the Road Traffic Offenders Act s1.
ori1234
Yep, in the court summons the only offence is careless driving, but they included another page with stuff about failure to produce, which is what I'm worried about. Under the list of offences I'm accused of, careless driving is the only one though.

Was notified within the 21 days by letter. I haven't had any contact with the police outside of post - someone sent CCTV evidence to the police and so they did not stop me at the roadside. The NIP had nothing about producing documents.

Is it possible for the charge to be increased after I plead guilty?
Jlc
It's 14 days for a NIP (unless an 'accident' is involved).

It sounds like they've cut and pasted a statement but you are only being prosecuted for the offences on the charge sheet. You can only submit a plea against what's listed.

See page 117 Here for an idea of the potential sentence. For pleading guilty there is a 33% discount, costs around £85 and a victim's surcharge of 10% of the fine.
southpaw82
QUOTE (ori1234 @ Sat, 2 Aug 2014 - 19:47) *
Is it possible for the charge to be increased after I plead guilty?


No.
peterguk
QUOTE (ori1234 @ Sat, 2 Aug 2014 - 19:47) *
Was notified within the 21 days by letter.


What did the letter say? Was it a S.172 request for driver details?

Was there an accident?
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