Thanks for coming back so quick. She was driving home on the A2/M2 and whilst overtaking another vehicle - she was caught by the heavy winds in january and sucked (her description) into the central barrier. She kept control but clipped the vehicle she had been overtaking as she came back off the barrier. She could not see a safe place to stop so continued off the motorway to a local petrol station - with the TP car following her - where she exchanged details. Unfortunately the TP called the Police as they weren't sure if she was going to stop - hence their attendance.
No-one was injured and she is paying for the damage to the TP car herself as her car was covered on her company insurance (and quite rightly she agreed with them it should not be their cost)
Hmmm - thank you Alex. I did kind of suspect this but thought it was worth getting clarification.
I am attending court with her on Monday and we were going to see if the duty solicitor could go in court with her as she is very nervous.
if the duty solicitor is not available/busy with others etc. Can you please just confirm when she should present the court with the letter from her company and my character reference letter. I appreciate what you are saying with regards XXXXX XXXXX driving ban - but I just think - if we don't try and see if they can be compassionate in view of her circumstances - we won't know.
I recognise I can not present the letter and reference for her so it is really preparing her for when she needs to offer them to the magistrates.
Any guidance you can offer with regards XXXXX XXXXX procedure would be appreciated. Thank you
Thank you Alex - I will pass this information to her so she has time to write a letter if she would prefer to do that rather than speak in court.
One final question though - how is it that we do sometimes read in National Newspapers of famous people prosecuted for drink driving where only 6 months bans are imposed.
Also - am I right in understanding that she cannot request to be put on a drink/driving rehabilitation programme to enable her to reduce the ban - she has to see if this option is offered to her by the court.
Sorry Alex - just to clarify -
Are you saying that she can mention the course to the court and does not have to wait for them to suggest it?
Are you saying that the course is available for first time offenders?
Have you any idea of how much reduction she can get on the ban if the court agree she can do the course?
Sorry - keep asking but ....
Also - just a thought - she only passed her test in October 2012 - so less than 2 years - will this mean she may automatically have to retake her driving test when the ban is lifted?
Thank you Alex for all your help.
I shall send the information to my niece so she is as prepared as she can be for Monday.
Now we can only leave it in the lap of the Gods and hope they look down kindly on her that day.
May your world always shine bright. I shall be rating you excellent:) but wanted to actually say thank you as well.
The Court agreed to adjourn the matter with no plea until 3rd March so we can get all the papers from the Police.
They also agreed I could be the McKenzie Friend for my niece so that was helpful.
Your information was really helpful but I want to see all the papers first as they were not at the Court.
I sent a reminder letter to Police on 17th and copied it into Court for their records.
I'll let you know how it goes on the 3rd March.
Thanks for all your help.
I have requested information from the Police including but not restricted to the following:-
Are you able to tell me which of these bits of information my niece is legally entitled to bearing in mind 'Criminal Procedure Rules 2011' 'Criminal Procedure and Investigations Act 1996' and 'Human Rights Act' as at the moment the Police are saying I can only have the custody records and the taped interview.
Any guidance you can offer would be appreciated. Thank you.