Firstly if the letters are Notice of Intended Prosecution,requesting you as the registered keeper to advise details of the driver at the time of the alleged offence,then I would suggest you reply to them,giving as much detail as possible.(if you feel the need, put a letter in with it stating that on the second night at that time you were in bed/home)
Police officers need corroboration to prove speed offences,usually this will be a calibrated speed device,however,two officers together can corroborate without a device,although this is unusual.
In your case they are not alleging speeding,so careless driving could be reported on the evidence of one officer,once again unless you did something spectacular or outrageous in the view of the officer(s) then I would doubt they would proceed.
I would return the forms and see what happens next.However,the details of the officer will be on the forms,why not ring him/her and ask what the allegation/evidence is.
You were speeding - you've got caught - pay up. Simples!
I've found the best way to not get prosecuted with shoplifting is not to steal - I suggest if you don't want to get pinged for Dangerous driving and/or Careless driving don't drive dangerously or carelessly and if you don't want to get done for speeding - don't speed!
1. Dangerous Driving - did you do anything that would actually be considered dangerous i.e driving towards oncoming traffic, jump a red etc?
2. Careless driving - Did you do anything reckless or careless that would/did interfere with another road user?
If the police are saying that the reason they are investigating these matters are due to your speed then you may have a decent defence as speed needs to coroborated by another person i.e another copper checking the speedo after the other has
A calibrated speed metering device such as a hand held speed meter or a gatso camera.
See legal advice asap, if a solicitor agrees with me they may take up your case
Failure to respond to this is 6 points plus Band C fine (I'll explain fines later). If you use the ostrich method of problem solving, then expect 6 points plus Â£600 fine........ plus the original offenses on top.
Careless driving (drive without due care and attention) Road Traffic Act 1988, s.3, Triable only summarily:
Maximum: Level 5 fine or Band C fine. Must endorse and may disqualify. If no disqualification, impose 3 â 9 points
Momentary lapse of concentration or misjudgement at low speed: Band A fine to Band A fine and 3 â 4 points
Loss of control due to speed, mishandling or insufficient attention to road conditions, or carelessly turning right across on-coming traffic: Band B fine to Band B fine and 5 â 6 points
Overtaking manoeuvre at speed resulting in collision of vehicles, or driving bordering on the dangerous: Band C fine to Band C fine, Consider disqualification OR 7 â 9 points
Dangerous driving Road Traffic Act 1988, s.2 Triable either way:
Maximum when tried summarily: Level 5 fine and/or 6 months
Maximum when tried on indictment: 2 years
Single incident where little or no damage or risk of personal injury: Low level community order to high level community order and Disqualify 12 â 15 months
Incident(s) involving excessive speed or showing off, especially on busy roads or in built-up area; OR Single incident where little or no damage or risk of personal injury but offender was disqualified driver: High level community order to 26 weeks custody and Disqualify 15 â 24 months
Prolonged bad driving involving deliberate disregard for safety of others; OR Incident(s) involving excessive speed or showing off, especially on busy roads or in built-up area, by disqualified driver; OR Driving as described in box above while being pursued by police: Crown Court
Now that I've scared the life out of you, I suggest that as a first move you contact a solicitor for advice. You have 28 days, don't waste any time.
Secondly, don't take any advice from internet cowboys, you don't know who they are, and there is no recourse from bad advice.
Police evidence is given no greater weight than any other member of the public. However, their version for wishing you a Merry Christmas may be completely different from yours.
The time that I allegedly committed the offence on the second night I was not at work but at home.
I finish work at 0001 and I was home by 0100; if indeed I was at work at the time I would have no trouble proving it.
I wonder whether this gives me some sort of grounds for the second "offence" to be nullified? The timing is completely out.
I also find it strange that I was not stopped by the police if I had committed such obviously dangerous driving. I wonder whether this could be grounds for defence if it does actually go to court, especially if the officers "expert opinion" is implemented.
I could state that either my driving wasn't dangerous or he failed in his duty as a police officer.
I haven't actually been charged with anything at the moment. The letters that were sent are informing me that action is being considered and asking for the driversâ identity.
It could be (and what I'm hoping for) that they decide not to go ahead with the charges. But then again Iâm an optimist.
I'll be sending the filled out forms on the 27th since I doubt they would arrive any sooner due to the Christmas period.
If indeed I am charged with something I'll contact a solicitor and get expert advice.
One thing I am considering is not just how much it could cost me if I take it to court but also my insurance. A driving conviction would drive that up and it could be fiscally viable long term.
OK, my bad, sloppy use of the word "mandatory" I agree, but you get my drift? If you see someone driving dangerously or without due care then you pull him over for a chat, and in this force we ALWAYS test for a MTO. Why follow him home as this Bobby is suposed ot have done?