dangerous driving

sheilavw

Hi Just looking for some advice. My Husband who is HGV received through the post this week a letter from the police saying they intend prosecuting him for dangerous driving. The police rang his company a couple of weeks back giving the registration number and asked for name/address of driver which they gave. He has now had a letter which says dangerous driving and in brackets (involving overtake of renault clio) and the road number and time. A few weeks ago my Husband was in Midlands area about 1am in morning when the car came up behind him with headlights on full beam. My husband braked a little and the car overtook him and my husband put his full beam on for couple of secs. The occupant in car was on a mobile. The car driver then slowed right down and my husband went to overtake, got alongside then car sped away, 2nd time my husband did overtake. It wasnt in a dangerous area, and there were no police around at all. My Husband couldnt stop due to the nature of his load (cannot go into but he has to be wary) Am I right in thinking the Clio driver reported him. We are obviously worried. He has a clean licence and this is our livelihood. Obviously he will admit to driving at the time and post back the form but what is likely to happen now? Anyone any experience in this sort of thing that can offer any info.

fizzlebottom

I would be very surprised if the police just took another driver's word about an incident and on their sayso alone decided to prosecute. I suspect there must be camera evidence somewhere. Do you have free legal advice with your home insurance? It is part of many policies, there will be a telephone number and you will be able to speak to a legal expert for advice. Try also Citizens Advice.

Lemonade_Pockets

I would seek legal advice, especially as its your husbands livelihood potentially at stake.

If it was a single carriageway i have to say your husbands driving doesn't sound exemplary. If it was one a dual carriageway/motorway then i guess not as bad but there is still no reason for him to use his full beam.

However as fizzle pointed out unless there are any other witnesses i doubt they'd be able to make anything stick.

hewhoisnotintheknow

i would claim that he felt his safety was under threat

Treadway1

I would be very surprised if the Police sent your Husband an NIP, purely on the word of another driver. The only logical reason i can see for this is, as others have said, there was a Police Officer who witnessed it, or (And just as likely) the Clio driver was an off duty Police Officer who decided he would report your husband for what he/she believed to be dangerous driving.

As others though, I would seek out legal advice.

Quinny_2

Treadway1 wrote: »

or (And just as likely) the Clio driver was an off duty Police Officer who decided he would report your husband for what he/she believed to be dangerous driving.

And if that was the scenario,then I could see the case being dropped at an extreme rate of knots,as the 'police officer' was committing an offence of using a mobile phone while driving.

The onus would be on the prosecution to prove that your husband was in the wrong here,and if there aren't any witnesses,then there is no case to answer.Plus your husband could say that he was in that area at some point during his shift,but he can't remember exactly when,and again,it would be difficult to prove.

I would also suggest that you post this on the TrucknetUK professional drivers forum on http://www.trucknetuk.com/phpBB/ (Register etc etc.)

I also happen to be a member of said site as well.

Ken.

Mathew

It may be that its on the MOP say so alone, an NIP needs to be served within 14 days whether or not its taken any further.

It is to make you aware of the allegation, they will now investigate, review evidence, including you husband's before deciding whether to proceed.

I have a personal experience whereby I recieved an NIP for dangerous driving, I wrote a responce giving my account and the matter was taken no further.

MaximumImpact

Have you contacted the Police Force concerned on the NOIP? You say that there noone around but you can never be too sure...it was dark and it's possible that while he was distracted, someone else, police or otherwise may have seen the incident and reported it as well. It is unusual for a NOIP to be issued on the say so of one driver alone as usually your husband would be interviewed about the offence before any further action would be taken.

I would contact a solicitor before you do anything else. Let us know what happens??

Mathew

The purpose of the notice of intended prosecution (NIP) is to inform the potential defendant that he may be prosecuted for the offence he has committed, whilst the incident is still fresh in his memory.

When you receive an NIP it does not automatically mean that you are going to face prosecution, it is a warning that you may face prosecution.

It is NOT unusual for these to be served on the say so of the driver, as that is all it can take.

It does not mean that there is anything that cooborates what the Clio driver says and it may simply be case of his word against you husbands. And if that was to be the case I suspect that would be the end of that!

sheilavw

Thank you all for your replies. I will let you know how he goes on. Someone posted that his driving wasnt exemplary but he was forced into overtaking the car. As I said driver behind him with high beam on then came past and when my husband put his high beam on to make him realise that he had his on he slowed down so much leaving him no choice to overtake, but when he got alongside him he sped off, 2nd time he did it he let him pass, but it wasnt in a dangerous place, on a straight. He could see the driver had mobile phone in his left hand so perhaps he filmed him? As I said due to the nature of his load couldnt risk stopping

Lemonade_Pockets

I was merely pointing out that in my opinion your husbands driving wasn't faultless however it doesn't mean i think it constitutes dangerous driving either.

I think in the eyes of the law both parties would be seen to be driving in aggravated manner. Hence the recommendation for seeking legal advice!!!