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Hello, I am a solicitor with 20 years experience. I will try to help you with this.
I thik you may well be right about the motivation of this prosecution but how can I help you with this?
We received notification yesterday from the IPCC that as it is common assault summary only and there is a 6 month time limit it may need to be investigated before the Fail to Stop is resolved.But didnt say what to do other than speak to a solicitor.Due to having a bit of knowledge around this area I want to try to deal with this side of it ourselves.She is pleading not guilty to the summons for this.Whist the police are saying subjudicy and at the moment have refused to report as a crime even if she were to be found guilty of the RTA offence the assault is still unlawful as whilst waiting to take the breath test one of the officers took her details which matched the registered keeper of the car so detaining her further was unlawful - appreciate your views
Unless he is saying that in the 0.3 mile drive when they followed she failed to pull over when requested. She will obviously need legal representation to avoid a conviction.
I am at the moment more concerned about how to get the assault investigated so it does not fall out of the time limits which it may do if we wait for the conclusion of the trial
Also my impression of failing to stop was that it basically needed to be a chase with agrivating factors( drink/Drive Disqual etc,not a 20mph panic about where to pull over once blue lights and horns appeared behind her ?
No, it is simply failing to stop as directed. In terms of avoiding the assault being started within the 6 month time limit for summary only offences if you can to get this started by the CPS - and you may well not be able to- then you might have to consider a private prosecution if you really want to.