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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice
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I have received a notice of intended prosecution

Customer Question

I have received a notice of intended prosecution for driving over a level crossing when the lights were flashing. It says committed one or more of the below offences:
Dangerous Driving.
Careless driving / driving without reasonable consideration.
leaving a vehicle in a dangerous position.
I didnt notice the barriers had just started to move as i went through the crossing. I have never had any points / convictions before what is likely to happen to me?
Also what should i write if anything on the statement?
Thanks,
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. Have they provided any evidence f what you re alleged to have done?
Customer: replied 1 year ago.

Hi,

they haven't produced any photographic evidence within the letter.

thanks,

Customer: replied 1 year ago.
Relist: Incomplete answer.
I still dont have an answer, i replied to her question and need assistance ASAP.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you. I see this question has been relisted.
They usually have CCTV, have you asked for this?
Customer: replied 1 year ago.

I havent asked for this, i only got the letter 2 days ago. How would i request this?

Expert:  Ash replied 1 year ago.
Ok. Just write and ask for a copy of any CCTV, they will give you this as it forms part of the prosecution case. In reality they will have CCTV which is why they identified the vehicle.
There will be crossing lights, amber to start then flashing red, so this is the same as going through a red light.
If its careless driving you are likely to get a fine and 3-4 points. Its most likely you will get this.
If its leaving vehicle in dangerous parking is also a fine and 3 points.
So it looks like a fine and 3 points or thereabouts. But I would ask for a copy of the CCTV.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Thank you, ***** ***** just need to write to the response address asking for this without sending back by initial documents?

Expert:  Ash replied 1 year ago.
Yes you can do that at this stage. But be quick as you may have a limited time which you have to respond by.
Does that help?
Alex
Customer: replied 1 year ago.

What are the benefits of asking for the CCTV? also what should i write in the statement if any?

Expert:  Ash replied 1 year ago.
I would not write anything to incriminate yourself. The benefit of course is to see the extent of what you did. If it was momentary lapse before or just as the barriers come down its likely to be careless.
If you drove when the barriers were well down or put others in danger it may be more serious of dangerous driving. So CCTV is to see the case against you.
Does that help?
Alex
Expert:  Jo C. replied 1 year ago.
Hi
I'm afraid there is absolutely no point in seeking CCTV.
Sorry for the intervention above.
Do you deny the offence? What do you say about it?
Please do not send anything off until this is properly considered.
Customer: replied 1 year ago.

Hi,

I have not denied the office. Should i just admit fault?

Expert:  Jo C. replied 1 year ago.
No, do nothing.
But what is your position on the point? What do you say happened?
Customer: replied 1 year ago.

Well i did go through when the lights were flashing and the barrier has just started to move, but i didnt notice until the last second in which it was too late.

Expert:  Jo C. replied 1 year ago.
Ok.
You mean flashing amber?
Or flashing red?
These are level crossing lights?
Customer: replied 1 year ago.

They are level crossing lights and i cant exactly remember what colour. The barrier just started to move also.

Expert:  Jo C. replied 1 year ago.
Ok.
First things first, what you have received is a NIP and a S172 request for the identity of the driver. If you don't comply the S172 request identifying the driver they will prosecute you for failing to identify which carries 6 points and a fine.
There is absolutely no point in asking for CCTV. Even if it does exist they won't hand it over and will say that they will make it available for trial.
I can't immediately see the leaving the vehicle in a dangerous position point. You got across the barriers.
The question will be whether this is a dangerous driving, careless driving or a S36 RTA matter. That will be determined by the length of time for which the lights had changed.
If they were flashing and the barrier was moving then realistically it is too serious for a S36 RTA matter. It will straddle between careless driving and dangerous driving. Which of the two is very difficult to tell really. I can see that it could amount to a dangerous driving but then it is a one off action that lasted a short time so I would charge it as careless driving.
Careless driving carries points and a fine. It is possible you could be banned but not likely.
On the statement, if you cannot set down something that amounts to mitigation then leave it blank. You don't really need to worry about self incrimination with this type of offence as they will be able to prove it anyway. usually though it is a matter of expressing remorse and emphasising your hitherto good driving record.
Can I clarify anything for you?
Jo

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