Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[Big Fra]

Rena just got a call from the police officer who attended her crash two weeks ago.

He has to pass a report onto the procurator fiscal. Who will take one of the following outcomes;

1. Take no action.
2. Send Rena a letter. (containing what?)
3. Take action and require her to go to court.

However, he said not to worry about it.

Rena, of course is now in hysterics and has convinced herself she will lose her licence.

What can I (she) do?

[Chopsdad]

Sorry Fra but I don't know the background of the crash.

If you wan't free legal advice try your car or house insurance provider as both will have access to legal help.

If the police said not to worry - I'd personally do just that and wait it out.

[hotel21]

One of two things....

Either the cop who attended 'forgot' to caution her at the time and is now doing so with the 14 day NIP period or someone within the Police system has decided that the crash circumstances should actually be reported to the Procurator Fiscal instead of the normal (no injury, damage only, let the insurance sort it out) approach that normally unfolds and the cop is being nice and letting you know whats happening....

Ultimately, not really worth loosing sleep over.  Easy to say, less easy to do, I know, but even the Fiscal service do not want to use up Court time on something that may be resolved by other methods.  May be no proceedings, a PF's warning, or an offer of a fixed penalty (fine and points) rather than the full blown Court summons.  

Wait and see what drops through the letterbox before paying for a lawyer....  Lots of water to pass under the bridge before she needs to get a season ticket for the bus network!    

[Big Fra]

Cheers Broocie.
The frustrating thing about what you said about the 14 day NIP, was that she was called on the 13th day.

Does the fact that they didn't take a statement, caution her, or even breathalyse her make any difference?

If any action was to be taken, how long would it take for the Fiscals office to get in touch?

[Entwood]

When Chris wrote her car off by hitting a bus head on she was formally warned, 10 days after the event, after being asked to go to the station to give a further statement.

Similar upset wait to what you are now having .. followed by a letter 6 weeks later to say that no charges were to be laid due to insufficient evidence.

So, as said, I think its a formality, but you just have to sit it out and wait ..

[hotel21]

Cheers Broocie.
The frustrating thing about what you said about the 14 day NIP, was that she was called on the 13th day.

Does the fact that they didn't take a statement, caution her, or even breathalyse her make any difference?

If any action was to be taken, how long would it take for the Fiscals office to get in touch?

The 13 day thing is, I think, the indicator....

Lack of statement is no great biggie as she was not officially cautioned at the time, it would appear.  The official caution was administered on day 13....  Was any reply noted??   No reply made?  Best option.....  

A breath test, in the greater scheme of things, is a no great never mind.  All that means is that sdhe cannot be done for drunk driving and, potentially, would guess that the cop dealing could be done under the Force regulations for not requiring one at the time.  depends on how nit picking you want to be, in all honesty, and probably will boil down to your wifes word versus the cops, so not worth the candle, imho...

PF has 6 months to instigate proceedings, so set the date for sometime in early August.  If no official paper by then - happy days....  

[Big Fra]

Thanks for all your words guys.

Broocie, Rena has just pointed out what the officer said;

'My partner is duty bound to put a report to the PF based on the witness statements'.

He then told her of the three possible outcomes.

'It would have been better to tell you this in person, rather than on the phone, but best not to worry about it'.

At no point did he use the words, formal or caution.

To me it seems like a follow up call, but to what purpose?

Does anything above sound like what could be classed as a caution?

[hotel21]

The form of words used up here is similar to....

I would caution you that the circumstances surrounding this incident may be reported to the Procurator Fiscal at - xzxzxzx- for their consideration of a prosecution in terms of section 2 or 3 of the Road Traffic Act 1988 regarding dangerous or careless driving.  You are not obliged to make a statement regarding the matter but any statement you do make will be noted and may be used in evidence. Do you understand?  Do you wish to make a statement?

To those south of the border, its Scots Law thats being discussed here so there are significant procedural differences for England, Wales and Northern Ireland....

Thats the official speil.  Whether the cop concerned actually said those words, whether your other half actually heard them as such and is able to recount them well, that is a whole different game of dominoes....    

Best output is wait on the postie for 6 months and see what drops out.  Seek relevant expert (solicitor type) advice as and when needed...  

[hotel21]

Just re-read your post - My partner etc....

Sounds like a probationer upcock and the Senior Constable is covering the collective arse....  

[Hog]

Just re-read your post - My partner etc....

Sounds like a probationer upcock and the Senior Constable is covering the collective arse....  

 

[Hog]

Just re-read your post - My partner etc....

Sounds like a probationer upcock and the Senior Constable is covering the collective arse....  

 

Stinkers