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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71159
Experience:  Over 5 years in practice
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My daughter has today just received a letter from the Police

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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 ?
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?
Customer: replied 2 years 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 ?
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 2 years 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 2 years 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 ?
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 2 years 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 ?
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 2 years ago.
Finally , can she request an interview and would the information be disclosed to her during the interview ?
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 2 years 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 ?
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. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Many thanks.