How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70009
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

My daughter has today just received a letter from the Police

Resolved Question:

My daughter has today just received a letter from the Police which is a Notice of Intended Prosecution for a motoring offence.
It states her car was involved in a collision/careless driving and failed to stop.
She thinks she may have 'clipped' a parked car's wing mirror. She did stop and looked at the car in question and did not see any damage and as there was nobody available to speak to she drove on.
She is now very worried about receiving points on her licence as she has only been driving for a couple of years and her insurance has been gradually reducing in cost. This would be her first offence and she is 23. I have read that she could receive 6 points and a fine this would force her to give up the car which she needs to carry out her 2 part time jobs.
If she completes the form sent to her by the police is this admitting liability?
What will be the next stage and when will she know what proof if any there is ?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
No, she is just complying with S172 to identify the driver.
However, they will probably want her to attend interview. They might just summons her to court instead to save resources because apparently investigating false reports of sexual abuse against dead people is much more sensible use of public money than focusing upon proper crime.
They will probably charge her with failing to stop and report and also with driving without due care. If she offers a plea to driving without due care they may well drop the failing to stop and report.
Realistically, there is probably proof. Otherwise they would not have identified the vehicle. People do regularly lie to the police but not usually about random strangers unless, of course, they are seeking compensation, revenge or attention. That does not tend to apply to road traffic collisions.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
I take it then there is no point in contacting the police station which issued this at this stage ?
Who would she report the incident to when there was not anybody around at the time ?
If she was found guilty of this are points inevitable ?
If she was called for interview where would this take place ?
If she goes to court would she be able to plead her case in that there was no injury to persons and the damage was very minor ?
Expert:  Jo C. replied 1 year ago.
No.She would report to a police station within 24 hours of the incident. That is what the law demands when details cannot be exchanged.Yes, points will be added Im afraid.If there is an interview then it would be at the police station although voluntarily.She can mitigate at court but this does sound like a guilty plea I'm afraid.
Customer: replied 1 year ago.
For just driving without due care would this mean points too ?
This is so annoying because this will force her off the road and all for a scratched wing mirror , this failing to report I just don't understand as there was no one around , can you imagine if everyone who has done this rang the police ?
Customer: replied 1 year ago.
Can she request an interview and would I be allowed to be present ?
Surely she is entitled to know what evidence there is against her and who has accused her before entering a plea ?
So the next stage is to send the form and wait , any idea how long it will be before she hears anything ?
Expert:  Jo C. replied 1 year ago.
Yes, that carries 3- 9 or a potential ban but it would be 3-6 points.As I mentioned above, if you have an accident and there is nobody around you have a duty to report to the police within 24 hours at a police station. Everybody should be doing I'm afraid. No, you cannot be present during police interview if she is over 17.
Customer: replied 1 year ago.
Surely she is entitled to know what evidence there is against her and who has accused her before entering a plea ?
So the next stage is to send the form and wait , any idea how long it will be before she hears anything ?
Expert:  Jo C. replied 1 year ago.
Not before a police interview. They would normally disclose some information to a solicitor before interview but she wouldn't normally get legal aid for an interview of this nature so that falls away. They wouldn't have to reveal anything they rely upon until the door of court.
How long depends really. They have six months to lay an information and they often do use the full period.
Customer: replied 1 year ago.
Finally , can she request an interview and would the information be disclosed to her during the interview ?
Expert:  Jo C. replied 1 year ago.
Well, anybody can ask anything but they won't do it unless they were going to anyway.Interviews are not a reliable source of information. The evidence is often not fully prepared at that stage. What an officer puts in interview is often not the evidence that is presented in court.To be wholly honest, there isn't really a disclosure issue here. She accepts an accident. Either somebody will have witnessed it or there will be CCTV.
Customer: replied 1 year ago.
Sorry , one last question , would it be worthwhile employing a solicitor because the penalty for this seems to be totally disproportionate as nobody was injured and only a wing mirror was scratched ?
Expert:  Jo C. replied 1 year ago.
It is generally better but it does rack up costs.The best he could negotiate is a plea to driving without due care which carries 3- 6 points realistically if this a damage only collision.If they pursue failing to stop and report then probably it would be roughly 6 points. It does carry 5 - 10.
Jo C., Barrister
Category: Law
Satisfied Customers: 70009
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice