NIP for Dangerous Driving - now home interview??
Discussion
Received a NIP for Dangerous Driving (Overtaking, crossing solid white line, no accident caused) and dully sent the form back saying I was driving. Now the local plod want to interview me at home... Is this normal? Are they scraping around for evidence and hoping I'll cough to it while being interviewed??
I thought it was all done at the court???
Cheers
Ben
I thought it was all done at the court???
Cheers
Ben
All they will do is caution you, tell you your rights and conduct a hand written interview, or you could go to your local nick and be PACE 9 'nd. The same thing except the conversation is recorded on tape.
There's nothing to say you have to answer the questions, but failure to do so can result in inferences being drawn at court. My advice is to let them visit and interview you at home.
1. your on home ground and not at a daunting Police Station.
2. Its a right PITA to do a hand written contemporaneously interview, thus the questions will be kept short and you won't ramble on, as can be the case on taped interviews.
However, it can be dealt with by giving you a yellow ticket at home (3 points and £60.) These don't necessarily have to be given at the time of the offence and would probably save the hassle of going to court, esp since you're obviously putting your hand up to the offence.
Hope this helps
Rob
>> Edited by relaxitscool on Thursday 25th April 13:31
There's nothing to say you have to answer the questions, but failure to do so can result in inferences being drawn at court. My advice is to let them visit and interview you at home.
1. your on home ground and not at a daunting Police Station.
2. Its a right PITA to do a hand written contemporaneously interview, thus the questions will be kept short and you won't ramble on, as can be the case on taped interviews.
However, it can be dealt with by giving you a yellow ticket at home (3 points and £60.) These don't necessarily have to be given at the time of the offence and would probably save the hassle of going to court, esp since you're obviously putting your hand up to the offence.
Hope this helps
Rob
>> Edited by relaxitscool on Thursday 25th April 13:31
quote:
a hand written interview
I have this bizzare scene in my head now. Ben and the plod are sitting on a sofa in the front room. Plod takes out an A4 pad and writes 'Could you state you name for the record please'. He hands the pad to Ben. Ben writes his name and passes it back. Plod writes his next question and this "hand written interview" goes on for the next 15 minutes, with a pad being passed back and forth, but without a word being spoken.
and whoever doesn't have the pad has the joint... 
Just a point you should note re this, if it is Dangerous driving they are looking at it is quite a serious offence as far as driving offences go. This is why you are being interviewed. It is your oportunity to give an account of your actions and any reason for them. My advice take it seriously you can and usually are banned for this offence as opposed to simply getting points, in addition it is usually heard at Crown Court, not magistrates court, which also reflects the seriousness of the offence. If you are in doubt speak to a solicitor before the interview.
I'd be interested to know how they can make Dangerous Driving solely from overtaking across a solid white line - I got a TS20/3pts/£40 for that many years back.. (Woodhead pass.. only me and a numpty on the road & I could see for over a mile. Overtook him.. copper jumps out from behind bush at bottom of hill and stops me.. d'oh! Still he didn't take my speed into account which is perhaps as well 
)
Have things changed or must they consider what Ben's done somewhat more serious?
) Have things changed or must they consider what Ben's done somewhat more serious?
I would be interested to know what evidence they have. If it is photographic or just plod saying you did it. Obviously in the housewives court the general rule is "you must be guilty because the nice policeman says so", but in a crown court the will have to do a bit more then that. Have you told us all the facts, if not then it may be a really good idea to get a solicitor and not say any more on here. 
to get found guilty of dangerous driving carries an automatic 1 year driving ban , you will need to resit your driving test including having to apply for a provisional driving license and having to take the theory test before taking the driving test test.
>> Edited by toby tucker on Monday 10th November 17:38
>> Edited by toby tucker on Monday 10th November 17:38
quote:
to get found guilty of dangerous driving carries an automatic 1 year driving ban , you will need to resit your driving test including having to apply for a provisional driving license and having to take the theory test before taking the driving test test.
It happened to me last year for getting caught for speeding 115.8mph on a motoraway early on a saturday moring perfect weather conditions , hardly any road traffic and no aggravating circumstances - all i was doing was speeding. I pleaded not guilty but failed in court . So my advise is get yourself a good lawyer with a track recoird of getting people off dangerous driving charge.
good luck
It is not long now then before wasting the cop carries a lesser penalty and therefore becomes the prefered choice of action under such circumstances. I guess 4 or 5 years of jail and no financial worries is preferable to losing your job and spending 12 months working in McDonalds. Maybe I should take up a new hobby like shagging kids or dealing drugs cos Blair seems to think this is perfectly acceptable behavior. I suppose that his twisted little mind got that way through hanging about with buggers who get their kicks in public lavatories. Shame really maybe thats what comes of having a squease that looks like a horses arse.
I heard she went to this japanese doctor cos he wasn't giving her one. When she had explained the problem the doctor said "Take off crose" Once she had stripped off he said "Now craw over there" then he said "Now craw back over here again" She said "What do you think the doctor?" He replied "You got edzacry desease, no wonder he don't wan a shag you, worst case I ever saw" She said edzacry desease what is that then I have never heard of it." He said "you face edzacry same as arse"
DO NOT SPEAKE TO THEM IN YOUR HOME!
if they wish to speak with you inform them
that you are unable to speak of the mater untill you have consoulted with a solictor and had leagal advice.
and get a good one you can go down for that charge never mide a ban.
my guess is they dont have much at all and that charge is to put a bit of fear into you and it would end as due care and attention
if the police were not at the place it took place
i would guess that some one has reported you ie an off duty copper or a local magistrait of a relation of such as if there was no acident and it was an ordnariy member of the public they would most likly take no notice of it.
if they wish to speak with you inform them
that you are unable to speak of the mater untill you have consoulted with a solictor and had leagal advice.
and get a good one you can go down for that charge never mide a ban.
my guess is they dont have much at all and that charge is to put a bit of fear into you and it would end as due care and attention
if the police were not at the place it took place
i would guess that some one has reported you ie an off duty copper or a local magistrait of a relation of such as if there was no acident and it was an ordnariy member of the public they would most likly take no notice of it.
quote:
Just a point you should note re this, if it is Dangerous driving they are looking at it is quite a serious offence as far as driving offences go. This is why you are being interviewed. It is your oportunity to give an account of your actions and any reason for them. My advice take it seriously you can and usually are banned for this offence as opposed to simply getting points, in addition it is usually heard at Crown Court, not magistrates court, which also reflects the seriousness of the offence. If you are in doubt speak to a solicitor before the interview.
tell him the truth its a crown job and a ban is nothing copared with the posible chance of a holiday
ar a HMP holiday camp
and that for just crossing a no overtaking line
A dangerous driving charge is streaching it a fair old bit
and at this point he has no idear what they have against him.
It take a very experiansed criminal to handel a speaking interview without any legal help
if you do not know how the games played then even a nocoment interview can be very hard to handel as it is human nature to speak in defence of one`s self .
only to have it used againsted you later out of contex.
remember they are trained to get you to talk and drop your self in it.
you say to him say "hypertheticly if it was like this what would my situaton be"
but both still know more than you will
most likely if they got him for it it,
it would be for due care and atention
say nothing m8 and seek legal advice fast.
A good solisitor would tell you to go no comment or
arrage to be present when you are interviewed
depending on the situation .
remember its there job to do you they are nt yor freind
no mater how nice too you they are.
personaly i would not speak too them at all, if im under investigation.
but i would not advice you to do that with out legal advice as the right to silence has been eroded away in the country in resent year and they can now tell the court that you when no coment
at a station never ever speack to them not on tape in your home
many times what is said at the time bears nothing on what they said was said when you get to court
that why stations have to tape interviews.
tip: most uniformed copers aint very good at interviews
un less they been around a good few years.
tip two: alot of solicitors are just as crap too
so get a good one.
tip 3 never tell a solisitor that you did it
as he will be unable to let you say you did not do it. if he knows you you did.
as he would be breaking the law his self but if he dont know then he is not.
>> Edited by outlaw on Friday 26th April 04:41
I faced a situation like this a few years ago. From the information of the "offence", I would guess the numpty you overtook reported you.
If you deny doing anything wrong, it is simply their word against yours. Most likely no action will follow.
Accept any lecture they give you... and drive more carefully in future !
If you deny doing anything wrong, it is simply their word against yours. Most likely no action will follow.
Accept any lecture they give you... and drive more carefully in future !
Never agree to an interview with the police. The purpose of the interview is to gain enough evidence to charge you and get a conviction. Just decline to have any interview.
I have been arrested before and during the interview picked my nose for ten mins whilst they asked questions which I did not dignify with an answer. They soon got bored and the case went no further.
I have been arrested before and during the interview picked my nose for ten mins whilst they asked questions which I did not dignify with an answer. They soon got bored and the case went no further.
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