Dangerous Driving?

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Trommel

Original Poster:

19,529 posts

266 months

Tuesday 3rd September 2002
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The initial message was deleted from this topic on 19 February 2019 at 00:11

Size Nine Elm

5,167 posts

291 months

Tuesday 3rd September 2002
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Opinion only - I would think you're OK. If there are no injuries, and your insurance will pay out to cover damage to other vehicle and street furniture, doubt if there's any incentive for a prosecution, especially when its one they have to prove (unlike speeding).

mondeoman

11,430 posts

273 months

Tuesday 3rd September 2002
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I'd say its quite high - cept that they didn't issue you with anything at the time, so a speeding NIP might not be wot you get.

Don't know the time limit for anything else - they have to have time to contact witnesses, decide on appropriate charge etc.... If no-one was hurt, they might just leave it to an insurance claim tho, unless they felt that you were doing "excessive" speed....

CarZee

13,382 posts

274 months

Tuesday 3rd September 2002
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Well, I would find out from our resident coppers what form a verbal NIP takes these days, because it's entirely possible that the policeman concerned issued one to you without you being entirely aware of the fact.

If they did, they can follow it up with a summons for whatever charge within 6 months...

In fact, my experience is that unless the copper actually says there'll be no further action, assume there will be.

Sorry to be the harbinger of doom and all, but there we are.

relaxitscool

368 posts

273 months

Tuesday 3rd September 2002
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NIP's are used to inform you that you are being considered for prosecution in circumstances when you would not normally be aware, such GATSO.

If you're stopped and reported at roadside for an offence, then you are aware that you are being considered for prosecution. So, although the officer should really give you the NIP verbally, you are already aware so it isn't really necessary.

In your case, I think it'll be a matter of producing your documents and putting it down to experience. Afterall, to who's benefit would it be to prosecute you....


Rob

smifffy

1,997 posts

273 months

Tuesday 3rd September 2002
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Know the feeling well Trommel. (check my profile for evidence)

My instinct is that the copper would have given you some indication of impending doom at the scene. Did they breathalise you etc?

I think you'll probably hear no more, I receievd a producer and a few giggles from the coppers but that was it.

mondeoman

11,430 posts

273 months

Tuesday 3rd September 2002
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quote:


In your case, I think it'll be a matter of producing your documents and putting it down to experience. Afterall, to who's benefit would it be to prosecute you....


Rob





So why isn't that applied to EVERYONE who breaks a speed limit?? In this case he even caused an accident FFS - talk about inequality in application of justice.

CarZee

13,382 posts

274 months

Tuesday 3rd September 2002
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quote:
Breathalysed - had not been drinking (obviously). Thought this was standard procedure with all RTA?
It is.. still, you can make an ace hash pipe from the white plastic tube they give you as a souvenir

Size Nine Elm

5,167 posts

291 months

Tuesday 3rd September 2002
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quote:

Main worry is whole thing on CCTV.

Worried Trommel


I can see why you're worried.

New series! Police! Camera! Action! Featuring Trommel!

smifffy

1,997 posts

273 months

Tuesday 3rd September 2002
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I wasn't breathalysed after my little jaunt into the Sussex countryside?

Dave, I think there always has to be some leeway on decisions to prosecute. I know I've been frustrated by loads of things in life where some jobsworth has stuck to the rule even when it made no sense. But I would say that 'cos I ended upside down after being a silly boy.

relaxitscool

368 posts

273 months

Tuesday 3rd September 2002
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quote:

So why isn't that applied to EVERYONE who breaks a speed limit?? In this case he even caused an accident FFS - talk about inequality in application of justice.



Can't answer for those officers, but will say that he's been lucky.

Rob

pbrettle

3,280 posts

290 months

Tuesday 3rd September 2002
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Been in this situation before and managed to demolish someones wall! However, got a producer and left at that. Only subsequently did I get a letter from the local plod explaining that they had investigated the accident and found that it was "just one of those things" with no real blame to be apportioned. It was a rather nice letter too - event sent them a thank you too....

But in general you would have an indication of an impending prosecution at the time - I mean at the end of the day, if it is as you say - what would they gain? Accidents do happen unless you willingly did something something daft (like racing, drunk driving, speeding etc) then what can they do...? By the sounds of your comments you should be fine - but hey, I dont work for the CPS or police.... so major pinch of salt.

Cheers,

Paul

madcop

6,649 posts

270 months

Tuesday 3rd September 2002
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One of the exemptions for issuing an NIP is after an accident. You do not need to be told the verbal NIP and Police are not obliged to issue one through the post. If anyone is interested I will type the full act out.

The actual words of the verbal NIP should be exactly

" You will be reported for consideration of the question of prosecuting you for...."

Unlike the caution which does not have to be exact as long as you understand that you do not have to make a reply.

>> Edited by madcop on Tuesday 3rd September 18:19

ultimapaul

3,942 posts

271 months

Tuesday 3rd September 2002
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Smiffy - Just checked your profile. Oh dear, oh dear, oh dear! Now that is what I call totaled. At least you walked away. Have you considered sending the piccies of to wreckedexotica.com?

JohnL

1,763 posts

272 months

Tuesday 3rd September 2002
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'Bout 10 years ago (July 1992) I had a fairly nasty crunch. Basically my fault, going too fast for the conditions (but still below posted limit!!). No injuries though just bent metal.

Anyway the friendly policeman said, and I quote (more or less), "It's a difficult bend and the road's greasy from the recent rain so there's no question of charging anyone with anything."

So off I went to Italy for six months without worrying much more about it.

I was then a little surpised when a letter came through from the Procurator Fiscal (equiv to CPS) in about October saying that they intended to prosecute me, and had made out a warrant for my arrest. If I did not make contact with the local police by Christmas (my intended return date) the warrant would be issued and I would be arrested on my return to the UK.

So there I was, an international fugitive from justice.

I spoek to another nice policeman in December as instructed (why are they all so friendly?) who said, another quote, "What are you calling me about an accident in July for? Well if it had happened here [Lothians as opposed to Stonehaven (Hicksville, Aberdeenshire)] we certainly wouldn't do anything more about it. So have a good Christmas."

In February I was in France and I got another letter saying I was now up for prosecution. However a high profile solicitor (friends in low places, can help!)dropped in for a friendly chat and presuaded the over enthusiatic assistant PF on virtually his first case that it was a "storm in a teacup". Case dropped.

Phew.



JohnL

1,763 posts

272 months

Tuesday 3rd September 2002
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Just as a follow up, said solicitor asked me what the policeman had said when he had cautioned me. I said he hadn't cautioned me, and I repeated the bit about "no question of charging anyone".

He said "the boys in blue aren't always 100% honest in their recollection of such things", or words to that effect which I found rather disturbing.

And the junior - apparently - policewoman who arrived at the scene phoned me at some stage in all this and said, the woman I crashed into says she won't press charges if I admit it was my fault! How f**king unethical is that FFS?

smifffy

1,997 posts

273 months

Wednesday 4th September 2002
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quote:

Have you considered sending the piccies of to wreckedexotica.com?


Nah, I haven't... maybe I should... I'll go surf

charltm

2,102 posts

271 months

Thursday 5th September 2002
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Sounds to me from all these cases that, as long as you cause an accident, you're not likely to be prosecuted. I really cannot agree with a system that says "If you are an alert, observant, driver fully in control of your car we will ban and fine you for driving faster than we say you can even though it's safe, but if don't pay attention to the road and consequently cause an accident and damage, we'll let you off." Incredible.