Driving Offence — Intended Prosecution

[blup]

I would at least try to take the other guy down with me, his tailgating is reckless driving in itself, emphasise that in whatever you say, create a complaint yourself, an expectation that he must be prosecuted if you are. It will make plod think.

 

[cwhaley]

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.

Thank you, that’s taught me some things I didn’t realise about the process. As you’ll imagine, my wanting to admit guilt now is based purely on trying to put this to bed ASAP.

If I go with just stating the basics, to confirm it was me in the car, what do you think I should put in the final box asking for my version of the alleged offence (just checked and that’s how it’s worded).

 

[Brigadier]

Just say that "your recollection is vague, and you wouldn't want to risk stating something that could later be construed as being deliberately inaccurate?
With the above in mind, could you have a copy of the footage, to help ensure that your recollection is accurate?"

 

[Harry Bloomfield]

If I go with just stating the basics, to confirm it was me in the car, what do you think I should put in the final box asking for my version of the alleged offence (just checked and that’s how it’s worded).

Might your straight course along the road, have been momentarily distracted, by seeing the speed of his approach in your rearview mirror, followed by his tailgating?

 

[freddiemercurystwin]

He was so alarmed he concentrated on looking in his mirror rather than straight ahead inadvertently (crossing the white line presumably) and veered into his path?

 

[johnny2007]

"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.

 

[cwhaley]

I think I’m just going to state I can’t fully recall the event, and wish to see evidence to ensure I don’t make false statements. I’m not going to put in a request separately as I’m going to play dumb — the letter mentions nothing about needing to do this. I’ll just tell them I need to see any evidence to be sure.

When they inevitably come back with something putting me at blame, I’ll just apologise and grovel to them.

I know it’s a minor offence but it’s playing on my mind a lot!

 

[blup]

Make sure they know the guy was tailgating you before this happened, he may have left that bit out when he passed the footage to the police, who will be pis*sed off by the omission

 

[thomp1983]

I would put precisely nothing in the box, your not obliged to.

Any statement along the lines of a car behind you distracted you can be construed as driving without due care and attention.

 

[cwhaley]

Thanks for all the replies — genuinely!

I’ve been looking on a few sites. None have a case like mine but some mention careless driving for one reason or another.

Change of mind again… I’m going to leave the box blank. I’ll give them the information they need and then just await their reply. What happened can’t be deemed as dangerous surely, and having had no previous cautions or convictions, I’m hoping whatever they come back with (if they decide to prosecute) will be the option of points/fine/course.

At least if I give them nothing at all to add to their decision making, I’m not adding in any potential ‘new’ bits of info. I’ll just leave them to view presumed footage and get back to me.

Horrible feeling all the while, but that’s because I’ve not had a motoring legal problem before.

 

[blup]

There was a similar situation on here a few months back, the plod dropped the case after the guy returned the NIP. Different scenario but same situation in that he pulled out to force the guy behind to slow down. Good luck, aggressive tailgaters should be banned imo, let the forum know the outcome.

 

[johnny2007]

I think I’m just going to state I can’t fully recall the event, and wish to see evidence to ensure I don’t make false statements. I’m not going to put in a request separately as I’m going to play dumb — the letter mentions nothing about needing to do this. I’ll just tell them I need to see any evidence to be sure.

When they inevitably come back with something putting me at blame, I’ll just apologise and grovel to them.

I know it’s a minor offence but it’s playing on my mind a lot!

They won't give you any footage unless you make an official "Subject Access Request under the Data Protection Act 2018"
That's why it needs to be done separately.

 

[blup]

Just say that "your recollection is vague, and you wouldn't want to risk stating something that could later be construed as being deliberately inaccurate?
With the above in mind, could you have a copy of the footage, to help ensure that your recollection is accurate?"

You can't be vague about the bits that might incriminate you, and then, if or when further questions are asked, be crystal clear about the other drivers aggressive tailgating. Memories aren't that inconsistent.

 

[Brigadier]

You can't be vague about the bits that might incriminate you, and then, if or when further questions are asked, be crystal clear about the other drivers aggressive tailgating. Memories aren't that inconsistent.

I advised NOT saying anything about the other driver's behaviour.

 

[blup]

I advised NOT saying anything about the other driver's behaviour.

Wrong tactic IMO, plod will be pis*ed off if they have been given half a story by a vindictive tessla driver.