Careless / Dangerous Driving Charge

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

Hi Guys im hoping to get some info on what to do / expect from here on in. I pased my Class 1 about 12 months back after driving Class 2 for many years, and a 7.5 Ton Vehicle before that, i managed to get a full time job driving Class 1 about 6 months back and although always learning was getting to the stage where driving a Class 1 becomes more easy and natural, i was just starting to also get confidence in reversing the vehicle and putting the trailer where i want it without all the shunting.

2 weeks back i was making a delivery to a site where i went down a road which i thought was the delivery point but it was not so had to reverse, i got out the lorry had a good look where i was going to reverse and make sure there where no obstacles, as i reversed past a parked car the trailer was slightly pointing the wrong way so i took a small shunt forward and heard a noise so i got out of the truck i did not see anything at any point in my mirrors and could not see anything now just the noise that alerted me.

When i got out i saw a car pinned between my cab and the parked car, he had come down and tried to squeeze between me and the parked car and when i took that small shunt forward trapped and crushed his car. There were no injuries but both me and the driver of the car extremely shocked.

I was reversing with my hazards on and he must have slipped past whilst i was looking in my other mirror and into my blind spot, i can’t believe that anybody would be crazy enough to try and get through a gap past a moving lorry but thats another issue.

I thought the biggest problem of mine would be proving he was at fault not me and was not in a million years expecting what happened next when a letter landed on my doorstep asking me to confirm who the driver of the vehicle was for an alleged careless dangerous driving charge.

I am an extremely carefull, courteous and safe driver and always check my mirrors again and again, i have been driving for 15 years without ever having an accident or even getting a single point on my license and now the threat of this i believe could destroy my driving career overnight.

At the scene there where no witnesses but the driver of the vehicle did seem very keen for me to get on my way at the time and something just did not feel right, he even mentioned how he will be getting a new car now. On the accident form there was a space for witnesses which i just left blank but now i wish i had put in there no witesses as i believe this guy could go as far as “finding” a non existent witness, there is no proof of this just a feeling i am getting.

Also on the letter from the police it says alleged that i was parked and pulled out pushing him which is just not what happened as i have explained.

Have any of you guys been in this position before and what happened? What will happen from now? Should i contact the police to explain my concerns or wait for them to contact me? Do i need to get a solicitor? I wish i could pay for a good solicitor but money is extremely tight at the moment.

This is driving me crazy, i can’t stop thinking about it, it’s making me sick with worry.

Any info would be greatly appreciated.

Thnx Sparks.

P.S It may be 24 hours before i can get back to this forum to see if there are any replies.

2

Hi Sparks,

My advice is that you see a solicitor even though you say you can’t afford one.

You may qualify for legal aid, but you’ll never know unless you ask. :wink:

3

Was the gentleman concerned Asian? What part of the world did this take place? I’m frankly astonished that you find yourself facing this allegation on the strength of what you tell us. The police never get involved in this stuff usually so I’m wondering what the other fella has said to get them in. How much damage to his car was there? Did you exchange details? If so and nobody was injured you’ve done all that the law asks you to do in these situations and you’re under NO obligation to do anything else. Lawyers are like truck drivers unfortunately. They’ve got all the qualifications for the job but some are much better than others! I’d hang fire on getting a lawyer for now anyway.

4

44 Tonne Ton:
Was the gentleman concerned Asian? What part of the world did this take place? I’m frankly astonished that you find yourself facing this allegation on the strength of what you tell us. The police never get involved in this stuff usually so I’m wondering what the other fella has said to get them in. How much damage to his car was there? Did you exchange details? If so and nobody was injured you’ve done all that the law asks you to do in these situations and you’re under NO obligation to do anything else. Lawyers are like truck drivers unfortunately. They’ve got all the qualifications for the job but some are much better than others! I’d hang fire on getting a lawyer for now anyway.

Indeed. I too am wondering how people are suddenly able to get police on-side and issuing such ‘charges’ on the word of some random person. We have some resident coppers on this site so I think it’s time they chimed in and told us all how this is possible. Over to you MICKYBLUE, and any other cops. :bulb:

Surely they would have to speak to the truck driving first to get both sides of the story? :confused: This kind of BS makes my blood boil and is just additional fuel for my complete hate of cops as none of them seem capable of doing the job properly and will just do whatever is necessary to get the paperwork out of the way asap.

5

get legal advice.
admit nothing.
let the police prove it thats what they get paid for.
learn these two words no comment.
dont worry .
here’s an old saying confess and be hanged.

6

DO NOT SAY ANYTHING to the police other than confirm you where the driver and you where involved in an incident. Even if its an ‘informal interview’. If they want anymore than that you should seek a solicitor BEFORE you do speak to the Police about it.

7

Thnx for all the replies guys really appreciate it, don’t really have time now to go through them properly as grabbing 5 whilst waiting for a load, luckily wifi here. Got stuck on a night out last night.

Ill be online tonight to have a read and answer any questions thnx for all the advice.

Thnx again Sparks

8

Hello again guys, The driver was not asian and i don’t think that it was intentional just a stupid move on his part, i do think though when the incident happened his mind started ticking over at super speed to milk it, maybe he thought by getting the police involved it would help a personal injury claim? Not that he was injured and again i have no proof just thinking aloud.

The worst part of all of this is the feeling of being “done up like a kipper” and unsure where this is going.

The area was classed as WIltshire police, i know nothing of the area or the police there. I do have the address and my statement i wrote for insurance company etc but until this is over at least i don’t want to write specifics here.

I have had a PM asking if the Taco could be any use as evidence, ill check and see if i can pinpoint the incident on it although it will be difficult i think, would an Analogue paper taco show reversing at slow speed and would it be the same trace as driving forward at that speed?

The car door was crushed in but luckily i heard noise before any injury was caused, im 100% sure the car would not be worth repairing as was an R reg (97?).

One mistake that was made was the letter came and was addressed to me but was in the format that would normally be sent to the owner of the vehicle, i.e the type of letter sent to a company asking them to name the driver when the driver had done something wrong after using the reg to get an address. So the car driver must have passed my details on to the police. I really wish i had seen the police but i didnt and i can’t turn back time, im pretty sure none of this would be happening then, at least i would think so.

I have sat on the letter since i got it worrying about it and thinking what i should do next i.e send an additional letter with it explaining just how insane this is but after reading your advice will send it tomorrow with nothing else and then just sit tight and play a waiting game.

Ill hold off on a solicitor till i see what happens next but im sure sending the form back is the correct thing to do and it also states a failure to reply within 28 days is a criminal offence.

Thnx again for the support, ill keep you all updated on how this go’s, logic and pure hope tells me that there is only one way it can go and common sense will prevail, im praying for that at least.

Thnx Sparks

9

dieseldave:
Hi Sparks,

My advice is that you see a solicitor even though you say you can’t afford one.

You may qualify for legal aid, but you’ll never know unless you ask. :wink:

Exactly my advice, do not fill in any details on the form until you have seen the solicitor.

Who has mentioned Dangerous Driving or are you just panicking?

Loose Lips Sink Ships!

10

No the form says Careless Driving / Dangerous Driving as if they should have blanked one but have not decided yet.

The form is just to confirm who was driving the vehicle, if it had gone to almost any company they would return it instantly i think and it does say you have 28 days or your committing an offence.

Still think i should not even fill this in until speaking to a solicitor?

11

Lawyer up, the Police/CPS don’t care if you are guilty or not just if they can successfully prosecute you. If you don’t get a brief, they will smell blood in the water.

12

Sparks:
No the form says Careless Driving / Dangerous Driving as if they should have blanked one but have not decided yet.

The form is just to confirm who was driving the vehicle, if it had gone to almost any company they would return it instantly i think and it does say you have 28 days or your committing an offence.

Still think i should not even fill this in until speaking to a solicitor?

The “form” is a Notice of Intended Prosecution (NIP) They intend to prosecute you at least for driving without due care and attention, they will try Dangerous / Careless first though.

DD is serious as it can really affect your chance of a job or insurance. How much is your licence worth to you?

Yes. I should still talk to a solicitor for 10 minutes, (TODAY), you will be allowed to use the duty solicitor in court, although that is like using the complaints desk in a Turkish brothel I think, either way you are going to get shafted :laughing:

The NIP should have been posted to you within 14 days.

If you have the details of the car and driver, you could maybe do a little private investigation.

Read about the NIP

Check the other vehicle was insured

Check the DVLA Website

13

The bloke is trying it on,

Advice,

1: Look at the tacho which will show that the Lorry was moving at the time of impact.
2: Write your own statement up of what happened in a truthful manner and put in what words he used
3: If it happens again take pictures of the damage and also the driver of the other vehicle and his car reg.
4: Get help to support you in this situation

Points 1 and 2. Get these together and take it to a solicitor and let them take it on for you but please don’t take this on by yourself as you will get proper done like a kipper but If it does go ahead i think they would go for careless but that’s my gut feeling on it.

14

Hi Guys it’s all finished with,

About 2 weeks ago i got another letter from Wiltshire police asking me to take Insurance, MOT and licence to my local police station (Which i did), there was no more info on what was happening just asking for these documents and then today when i got home from work a letter on the doorstep saying that they now wish to inform me that police enquiries are complete and on the evidence available no further action will be taken in this matter.

The relief is amazing, still upset about all the worry and stress i went through but thats far outweighed by the joy common sense has prevailed.

Thnx for all the help and advice it was all appreciated, i was in a right state when i first posted this thread and now im just glad it’s all over.

Thnx Again Sparks! (Lee)

15

Good news, just a shame you had to be put through it and wait so long for the outcome.

16

Good to hear your wait is over with no case to answer. Now, in future, just stay off roads with MembersOfPublic on them. MOPS for short!