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madras
24-03-2003, 01:41 PM
The following story is about my brother-in-law, i don't know all the fine details but here goes.

A couple of months back he recieved a letter from the police saying that he had been reported by another driver for dangerous driving and that he need to reported to his local station to give a statement, he visited his local station and presented this letter, but as he didn't know what this incident was about he couldn't give a statemnet in his defence so all that was stated was that he didn't know anything about this incident.

A few week later he recievd a letter from a police officer near Coventy? who was investigating this allegded case of dangerous driving and request that my brother-in-law visited the station in Coventry to discuss what happen, an appointment was made and he travel up to Coventry from Kingston, when he got there the offier cancelled the meeting until the following moring, so my bother-in-law had no choice but to book himself into a hotel overnight ready for his morning appointment.

Anyway, once in this meeting it turns out that he had been accused of cutting up two elderly people at a double mini roundabout. No damage was cause, no one stopped, no aggression etc. My brother-in-law check his diary and confirmed that he was in that area at the time but couldn't remember any incident.

A couple of weeks ago he recieved a court summons and was informed that he was being prosecuted for driving withour due care and attention and a court date was set, unfortunately it was the same day he was due to start his new job and a therefore he decided it would be best to plead guilty by post and except what happens rather that starting his new job on a bad note.

A few days later 6 points and £300 fine lands on the doormat!

What should he have done. Comments please.

madras

Nathan L
24-03-2003, 02:28 PM
If your brother-in-law could not remember the incident he should not have pleaded guilty, he should have sought professional legal advice.

I always give people the same advice.

If you know you are guilty then plead guilty. If however you honestly feel you are not then don't.

Nathan..

madras
24-03-2003, 02:36 PM
I think he felt it would be less hassle to plead guilty what with his new job etc.

I just amazed it went to court on the word of another driver?

You're right though he shouldn't have pleaded guilty.

thanks

madras

Nathan L
24-03-2003, 02:53 PM
Less hassle is not always best.

To be honest it is highly unlikely it would have got to court without some form of independent witness. CPS guidelines state that there should be an independent witness to back up the allegation.

If your brother-in-law had of sought legal advice, they could have asked for an adjournment to a more convenient date.

Nathan..

Bluepolarbear
26-03-2003, 12:08 AM
A few week later he recievd a letter from a police officer near Coventy? who was investigating this allegded case of dangerous driving and request that my brother-in-law visited the station in Coventry to discuss what happen, an appointment was made and he travel up to Coventry from Kingston, when he got there the offier cancelled the meeting until the following moring, so my bother-in-law had no choice but to book himself into a hotel overnight ready for his morning appointment.

Surely you can not be forced to travel to Coventry and certainly not made stay in a hotel at your expenses? The officer should have travelled to you or asked a local officer to perform the interview.

If this is the case I would be interest to know the exact Act and Section which makes this law

madras
26-03-2003, 10:54 AM
Bluepolarbear,

I must say the whole thing does seem a complete joke I just wish he'd told me about it sooner, I would have been more than happy to get advice on his behalf, nathan's right,he shouldn't have pleaded guilty just for any easy life!

The things thats really bugging me is that the only witness's to the incident are the two old people that he was accused of cutting up, and purely on their say so, he gets done.

madras

kingy
26-03-2003, 12:07 PM
My experience (in a nut shell)

I'm on a bike, its 3 in the morning, want to pass a car driving slowly on a duel carriageway in the right hand lane, he won't move over, I flash him to make him aware of my presence (from a safe distance as I like life!) he moves over, as I pass him, he swerves at me and then starts to chase me down the round. We come into a built up area and fortunately a traffic car is sitting at a red light. This guy see's the police and goes the other way.

I stopped and spoke to the PC and was told that I could report him and would have to go to court but as I was the only witness it wasn't likely that anything would happen other than a warning.