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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been asked to provide driver details incident

Customer Question

I have been asked to provide driver details for an incident that occurred in a car park where the letter from the police says s4 public order fear or pro vacation of violence. I was driving and let a car enter the car park the driver performed the manoeuvre badly at which point I was forced to reverse to allow him to continue without causing damage to my car. At this point my passenger expressed his opinion at the drivers ability with a wanker hand gesture. To which the other driver responded with the middle finger hand gesture . My passenger kept from the car to confront the driver at which point I got out and went to the driver advising him not to get out as my passenger had a short temper. The other cars wife got out and after heated words pushed me away from the window. I have now been asked to provide details I suspect with a view to prosecution. If I am prosecuted for an s4 offence can I counter this with assault by his passenger and what is the likely outcome.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with thisDo you have any other previous convictions please?Alex
Customer: replied 2 years ago.
No previous convictions
Expert:  Ash replied 2 years ago.
No, it wont counter his assault, both of you can be charged. What you have is mitigation not a defence.The sentencing range is a fine to low level community order and the starting point is a community order.So if this is the only offence you have you could well get a fine, but likely to be a community order.Can I clarify anything for you about this today please?Alex
Customer: replied 2 years ago.
Having received the letter is it likely the police will want to prosecute or is that down to the people who raised the accusation
Customer: replied 2 years ago.
As I didn't physically threaten them and have a witness would that help in my argument
Expert:  Ash replied 2 years ago.
Its nothing to do with the people that made the allegation, once that is done then the decision belongs to the Police.Just because you didnt physically threaten, just need to make someone fear violence.Does that help?Alex
Customer: replied 2 years ago.
Not really but I understand it's an easy target for the police to pursue if I argue it with a witness would they look at it favourably
Expert:  Ash replied 2 years ago.
It helps you as the offence is on the lower end of seriousness.The Police would also have to show there was a fear of violence, if they cant then its not a S.4Does that clarify?Alex
Expert:  Ash replied 2 years ago.
Customer: replied 2 years ago.
Yes thank you
Expert:  Ash replied 2 years ago.
Good luckAlexIf this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: