Driving Offence — Intended Prosecution

[Koolpc]

I have had one of those letters.

Years ago. Dash cam pics from other driver.

I explained what had happened and no further action!

 

[johnny2007]

Similar thing happened to a friend.
Give little details if none.
At the time my friend replied to the request for driver's details and in the comment section he wrote: "I have no recollection of this event. Will request footage of the alleged incident".
He then requested the footage and it told a completely different story.
He went to a solicitor and he requested full video footage of the other driver's journey in the original storage device: they didn't have it.
The police took no further action.
Bear in mind that police look for easy preys to plead guilty.
Cps don't want to get involved with half cooked stories either and will not chance anything in court.
Based on this I would buy time by saying that you don't remember the incident and ask to see the footage.
You might find that it is not so clear and perhaps there's something that will justify your actions.

 

[cdbe]

Personally I think you'd be far better admitting that you were "careless" in checking your mirrors and blind spot when moving out to overtake and didn't realise the car behind was so close, when you saw it you moved back in as quickly and as safely as possible. Careless driving, old lady style!

Any hint or suggestion that you deliberately pulled out to block the other car is dangerous driving. Don't try the harassment nonsense, they've heard it all before, I don't think it's unreasonable for the driver to be flashing his lights, sounding his horn etc - you might be ill, drunk or drugged.

 

[cwhaley]

With the help of a number of people on here, I’ve decided to just admit I was in the wrong (as I was). The road is a straight B road and I was not overtaking anything.

The car is a Tesla and has multiple cameras so it’ll show plain as day what happened. I’ve got a clean license of over 15 years and have a very good insurance record. While it doesn’t excuse what I did, it helps prove what I did was out of character. I’ll of course mention their tailgating and use of prolonged full beam.

I don’t want this to go to court and would rather just accept my cock up, and pay the fine / accept the points. It wasn’t a battle of road rage, he went to over take and I prevented it. He pulled back in and tailgated. I didn’t brake check and just carried on, so hopefully at worst a case of careless driving.

 

[fivearches]

https://www.ftla.uk Have you looked on here some good advice.

 

[thomp1983]

As has been said above, at this stage simply provide the details that you were the driver and nothing else.

 

[securespark]

I would deffo just put the bare minimum of information on the form.

I would want to know exactly how this NIP has been raised. If the "prosecution" hangs on this video, I would ask to view it.

It may be wise to pay for half an hour's time with a solicitor specialising in motoring matters.

 

[thomp1983]

No point approaching a solicitor at this stage, wait until you actually receive the next set of paperwork from the police once you have nominated yourself.

 

[cwhaley]

I would deffo just put the bare minimum of information on the form.

I would want to know exactly how this NIP has been raised. If the "prosecution" hangs on this video, I would ask to view it.

It may be wise to pay for half an hour's time with a solicitor specialising in motoring matters.

I see what you’re saying, but it asks for my account of the events so it’ll be hard not to put something which doesn’t at least incriminate me. I don’t know how to word me pulling onto the other side of the road to prevent an overtake.

I’d be confident in saying the prosecution relies entirely on the video. It was a Tesla and they have 5 very good cameras, so the video will just confirm I prevented him overtaking (as well as his tailgating and inappropriate use of lights, which I’ll be noting).

What I’m concerned with is this spiralling into a bigger thing. I know I’ve done wrong so just want it over and buried with. I’m embarrassed by it.

 

[cwhaley]

As has been said above, at this stage simply provide the details that you were the driver and nothing else.

It asks for my account of the alleged event. I have to provide something.

 

[johnny2007]

It asks for my account of the alleged event. I have to provide something.

"I have no recollection of this event. I will request footage of the alleged incident in a separate communication"

Then send them a subject access request.

 

[Munroast]

I see what you’re saying, but it asks for my account of the events so it’ll be hard not to put something which doesn’t at least incriminate me. I don’t know how to word me pulling onto the other side of the road to prevent an overtake.

I’d be confident in saying the prosecution relies entirely on the video. It was a Tesla and they have 5 very good cameras, so the video will just confirm I prevented him overtaking (as well as his tailgating and inappropriate use of lights, which I’ll be noting).

What I’m concerned with is this spiralling into a bigger thing. I know I’ve done wrong so just want it over and buried with. I’m embarrassed by it.

asking to view the video at a police station so as to get some advice from an officer on where you went wrong is hardly likely to make things worse - you may get lucky and get a good officer that gives you helpful advice in how to proceed (they're not the enemy)

You may even find it was a different incident (may be a close pass of a cyclist) and nothing to do with a tesla.

what makes you think teslas have 5 cameras recording video footage - my wifes car has two cameras to do with its idiotic electronic nonsense, but there is no downloadable video. The driver in the Tesla will just have a normal dash-cam like I have in my van.

Go and view the video with a police officer and take it from there.

 

[securespark]

"I have no recollection of this event. I will request footage of the alleged incident in a separate communication"

Then send them a subject access request.

Yes. They cannot force you into a position where you may incriminate yourself by writing the wrong thing.

As I said, take advice from a solicitor au fait with these cases to make sure you do it right.

 

[cwhaley]

asking to view the video at a police station so as to get some advice from an officer on where you went wrong is hardly likely to make things worse - you may get lucky and get a good officer that gives you helpful advice in how to proceed (they're not the enemy)

You may even find it was a different incident (may be a close pass of a cyclist) and nothing to do with a tesla.

what makes you think teslas have 5 cameras recording video footage - my wifes car has two cameras to do with its idiotic electronic nonsense, but there is no downloadable video. The driver in the Tesla will just have a normal dash-cam like I have in my van.

Go and view the video with a police officer and take it from there.

The date and time referenced is at exactly the time I know this event happened and the letter also states “preventing an overtake”.

The model of Tesla it was is the same as a few friends I know with them. Theirs have 5 cameras for all-round visibility (front, side and rear). Ultimately it’ll show what I did.

It’s a good idea to go to the police station, but it’s a 50 mile round trip to go to there. I’d love to talk to them and apologise but I don’t think I could do any more as I know what they’ll say I did wrong. I pulled out into the wrong side of the road to stop an overtake.

 

[thomp1983]

If you put your hands up now you'll be encouraging the police to prosecute you, they will take an easy conviction to boost figures.

If you just state your name and wait for the paperwork you may well get offered a course or fpn as they may not want to spend the resources chasing something low level.

Whilst your trying to be honest and do the right thing you need to remember the police are only interested in gathering evidence to have you prosecuted with, you will receive the same amount of grace for a guilty plea 5 minutes before a court appearance as you will putting your hands up now. You only get the 'attitude' test in person with an officer, when it's dealt with on paper like this then it will be dealt with by the rules for the offence.