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JGM, Solicitor
Category: Law
Satisfied Customers: 12083
Experience:  30 years as a practising solicitor.
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Cyclist cut in front of sons car he stopped. Bike wheel bent.

Customer Question

Cyclist cut in front of sons car he stopped. Bike wheel bent. My son phoned police.Then passing pedestrian put two and two together and made five. Gave statement saying witnessed accident and car was at fault. Police took cyclist and so called witness statements with both of them together. My son was at his wits end and shouted what the f are you doing to the cyclist. My son was originally charged with driving without due care and attention. He sent a complaint in about the way the police handled the situation. He has now been told the charges have been changed to dangerous driving and breech of the peace because he swore. Can charges be changed like this ? If he had not complained original charge would probably stand.
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.
LondonlawyerJ :

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

I am sorry I wont; as this is SCottish law. It can through on the UK law section.

Expert:  JGM replied 3 years ago.
Thank you for your question.
Yes, the charge can be changed. The police pass a report to the procurator fiscal who decides what the charges are to be. Your son should plead not guilty. His solicitor will have to cross examine the witness to see if he did see the incident. Happy to discuss further.
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