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Notice of intended prosecution help

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  • Notice of intended prosecution help


    So - I've been a div and wonder if anyone can help me.........


    So the crux of the issue is I've sent in some dashcam to report a police driver who was driving without due care and a distinct lack of attention further down the road and I've wrongly sent an unclipped bit of footage which incriminates me on a road further on from this initial incident - what a div!

    Received a NIP today and I've asked for their evidence so I know what I'm fighting, they sent me links to my footage, two correct and clipped pieces and one unclipped video that stuffs me and also sent the following in the email.

    Reporting person is driving on a 40mph road whilst his current speed is showing as 62mph on the video footage. Reporting person can be heard saying "so it's a 40 ****, I was doing 70" followed by "sets us up now for a bit of fun here, because these corners are epic if you drive them right". Aside from the speed limit, Reporting Person is travelling far too fast for the wet road. Into the tight bends there are solid white lines in the road, "slow" painted on the road and oncoming cars that are being forced over to the lefthand side of their carriageway.

    So yup once the giggling has stopped from whomever is reading this I can confirm I do have the dashcam footage, also the road was wet, however not once was I out of control, the speed didn't go over 65, no-one else on the oncoming side had to avoid me nor change course and this is clear on my footage, they just take corners as a normal car would.

    I've been driving for over 30 years and not had points in at least 15yrs, I've had no trouble with the police previously also.

    Anyone know how's best to proceed and what I'm looking at prosecution wise?

    Thanks in advance.


    Tags: None

  • #2
    You have stated here you never went over 65 in a 40 well thats speeding?

    Comment


    • #3
      Sentencing guidelines are here. Wet road conditions is an aggravating factor.

      ​​​​​​https://www.sentencingcouncil.org.uk...-revised-2017/

      islandgirl may be able to advise further.
      Last edited by PallasAthena; 18th November 2023, 07:52:AM.
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

      Comment


      • #4
        Surely the notice you have received states the intended charge. I expect that is what you are looking at "prosecution wise".
        Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Cheers for the information so far, the intended charge is driving without due care and attention.

          Comment


          • #6
            Ah, I assumed from the emphasis on speeds in your OP that it was speeding so that's the link I posted for you. You'll find the DWDCA guidelines on the same site.
            All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

            Comment


            • #7
              From your description I doubt the police will offer a fixed penalty or a course, but stranger things have happened. If it does go to court you will be sentenced in accordance with the Magistrates' Sentencing Guidelines. These provide for three bands of seriousness. Assessing the band of seriousness for careless driving - especially "remotely" as we are doing here. . - is difficult but it would not surprise me if the court finds it to be in Category 1.

              Higher Culpability - by virtue of this: "Aside from the speed limit, Reporting Person is travelling far too fast for the wet road. Into the tight bends there are solid white lines in the road, "slow" painted on the road..."

              Greater Harm - by this:" ....and oncoming cars that are being forced over to the lefthand side of their carriageway."

              If it is found to be Category 1 you can expect a minimum of 7 points, and possibly 8 or 9. Your previous good record will probably save you from an immediate ban. You will also pay a fine of a week's net income (provided you plead guilty). You will also pay a "Victim Surcharge" of 40% of the fine and a contribution to prosecution costs which will be 85-90. The sentencing guidelines are here:

              Careless Driving (drive without due care and attention) (Revised 2017) Sentencing (sentencingcouncil.org.uk)


              I assume you've also been served with a "Section 172" request for driver's details. If so, you must respond to this or you commit a separate offence which, on conviction, carries six points and an endorsement code (MS90) which sets alarm bells ringing with insurers.
              Last edited by HandyAndy; 18th November 2023, 15:42:PM.

              Comment

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