dangerous driving

sarahg1969

Get on to the forums at pepipoo.com for some assistance. Do not do anything before you do that.

thebaldwindowfitter

the purpose of the intended prosecution notice is because the police have 14 days from the report of any motoring incident otherwise it would get struck out from court unless under extreme conditions .the police then have 12 months to prosecute after which time if your husband is not informed then the case will be struck out .

surely your husband was worried for his life after being dazzled by an upcomming car which overtook him then proceeded to make aggresssive braking manouvers so your husband would have to slow down.your husband then braked himself after one but feared he was being hijacked after one aggresssive braking manouvre he was forced to overtake to which the clio speeded up to stop the overtake your husband then went back in behind the car .more aggressive braking and swerving due to the person being on the phone .your husband then saw another chance to overtake and this time managed the manouvre that is what your husband did dint he? .

dangerous driving is simply classed as driving below the standard of an average competant person and it only takes one witness .i would seek some advice tell the police your account and that this person was on the phone they will get his phone records both incoming and outgoing using a mobile phone while driving is an offence.personally i would say this would be thrown out .please pm me if you want any advice ive been there

HO87

As sarahg1969 has suggested you would do very well to check out pepipoo.com whose membership have a far wider experience of such matters that those here (no disrespect intended).

He should bear in mind that all that the police require to issue an NIP is an allegation (yes, the word of Joe Soap is good enough) they need not have any evidence whatsoever at this stage. In some respects you could describe the NIP as something of a holding arrangement whilst they get the facts together. The fact that it says Notice of Intended Prosecution does not mean that they will prosecute.

You should check immediately with your husband about how - and importantly when - his details were passed to the police. The law requires that a NIP is served (i.e. in the hands of) the driver or the registered keeper of the vehicle concerned within 14 days of the alleged offence (the day of the offence counts as Day 0). On the basis of what you posted originally it may well be that the NIP has been served on your husband out-of-time if (and I emphasise if) this is the first NIP in the chain. If the police obtained your husband's details from his employers by phone, as you state, and they were not served with a NIP before you husband then almost certainly his was out-of-time. If the NIP was out-of-time then he cannot be convicted of the offence alleged (though that is not to say that he might not in due course receive a summons - if it gets that far).

NIP's are only required in respect of some motoring offences such as speeding, careless and dangerous driving etc not for all and are not required in respect of any allegations that follow an accident. As dangerous driving is a matter that can be dealt with summarily (at a Magistrates Court) or at the Crown Court then the length of time that the police have to instigate matters (by "laying an information" at court - applying for a summons) is beyond the normal 6 months.

Contrary to what is being advised above I would not advocate making any contact with the police at present. If any contact is made I would recommend that you do it not your husband as whilst any telephone conversation is not evidentially admissible it may well be that your husband unwittingly provides some hostage to fortune.

Have a go at pepipoo first and it may well be you will feel more confident in dealing with the matter.

sheilavw

My Husband posted letter back a month ago for some info and had letter back today saying they want to interview him about the 'alleged allegation' and to phone, write or email with our home phone number. I presume that he will come to our house at a convenient time?

cyclonebri1

The law requires that a NIP is served (i.e. in the hands of) the driver or the registered keeper of the vehicle concerned within 14 days of the alleged offence

Are you sure about that? I thought all they had to do was try to make contact within 14 days, the vagueries of the post office, wrong address etc not being a concern

Mathew

ccyclone, you right.

It is not required to have it served 'in the hands', 1st class address to last known address or work placed would suffice.

Keith

It's not a NIP for dangerous driving though, it'll be a Magistrates Summons won't it?

Dizzie77

Can I just add that if anything like this happens to anyone else, that they phone the police and report it as soon as possible....
Having your hubby say now that the other driver was on his phone and driving dangerously would look like he's just covering his back.
I know you said that he couldn't stop because of his load, but if he has hands free, I would definitely recommend getting the incident recorded - if nothing else, just to get his story in first.

sarahg1969

sheilavw wrote: »

My Husband posted letter back a month ago for some info and had letter back today saying they want to interview him about the 'alleged allegation' and to phone, write or email with our home phone number. I presume that he will come to our house at a convenient time?

At this stage, do not make any contact with the police. You are under no obligation to do so, and cannot do anything to help yourselves by speaking to them. Get yourself on to https://www.pepipoo.com where some knowledgeable members will be able to assist.

sheilavw

Just an update, was interviewed and explained what happened. Had letter today. Now going to magistrates court 24th Aug. Got to complete form with income and outgoings and take driving licence in case of points or loss of licence. He has contacted a solicitor today who specialises in motoring claims. Cannot believe on the say so of one person he can lose his licence and our livelyhood. What happens if he goes and comes out of it ok, it will have cost a fortune? Solicitors are expensive but he has clean Hgv and driving licence.