Hi Dave,
Bear in mind this is, very strictly, a matter of my personal opinion – but here are a few of my thoughts.
The PC said to you the complaint was driving without due care and attention, AND dangerous driving?
They quite simply cannot have two bites at the cherry on this one!
As far as the allegation goes, you were either driving without due care, or you were or driving dangerously. You can only be charged / summonsed for ONE of those offences.
It’s very important that you know which one of those offences (If any) they intend to slot you for. This is because the implications of them both, are vastly different.
Driving without due care and attention
This is a summary traffic offence, which means the Police can summons you to court if they consider the offence to be complete, and believe there to be sufficient evidence. The sentencing guidelines for this, if convicted, are 3 to 9 penalty points and a financial penalty of no greater than £5000. This offence does not carry any custodial sentence, and there is zero chance of being locked up for it. The reality is, is you have a clean(ish) licence, the likely outcome (if convicted of course) would be three penalty points, and a fine equivalent to a weeks worth of your income.
Dangerous Driving
For this offence, Police need would need authorisation from the CPS before you can be charged/summonsed. The reality is, it is rare for CPS to roll with dangerous driving, unless there is some VERY concrete evidence of it. Specifically, it would have to be objectively evidenced how the alleged driving was ‘dangerous’ as opposed to simply careless.
Either way, if they are serious about prosecuting you for one of the offences, you should be given the opportunity to be interviewed under caution, to put across your version of events, and put forward any defences/denials you may wish to make.
Due care/Dangerous driving isn’t an absolute offence (Eg, like with insurance, where you either have it or you don’t) – it’s objective, and therefore you would need to be at least given the opportunity to co-operate with an interview, during which you’re entitled to legal representation if you want it.
Dave – did the PC record anything you said, either in his Pocket Notebook, or on a form called a “Contemporaneous Interview”? Did he get you to sign anything?
The job of the Police is to gather evidence, and investigate allegations thoroughly – not decide on what sentences people are likely to get. Personally – and this is only a personal opinion, I reckon the fact that the officer involved is speaking of Jail, Disqualifications / Retests etc, means he might just be trying to give you a shake-up and make you sweat!!
I also agree wholeheartedly with MAXV6 – who cares that the bloke is off duty Job?
Yes it may mean the courts consider him a credible witness – but, that doesn’t mean your credibility is any lower!!
Remember, as far as you know, he is the only witness against you, and assuming this is the case - it is still only his opinion of events against yours. If you truly believe you are not guilty, then you absolutely have to contest it to the very end…
Like I say – this is a personal view. You know where I am, pick up the phone or pop down if you want to chat about it….
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Topic: I'm in deep poo :( (Read 10095 times)