Accused Of Failing To Stop

Question:

I received a notice of intended prosecution from the police on Thursday for the following offences.

1) Driving without due care and attention

2) Failing to exchange details

3) Failing to report a RTA, following an alleged RTA on Saturday.

I was completely shocked because I was not involved in a RTA although I do recall driving at the said location and date. I have to produce my driving license, MOT cert. and Insurance policy to the police within 7 days. I have these documents, but when do 7 days limit start from is it date of letter or date when I received them, doesn’t help with long easter weekend in between!

What will happen when I take the documents to the police? Will I be cautioned and have to go to court? Do I tell the officer I don’t know anything about the RTA? If so will they interview me? I also have a letter which I must send within 14 days, asking me to name the driver.

Should I fill this in and take with me when I go to the police station? I am very worried and stressed and want to sort out the mess without incurring any points or fine or court as I have two small children aged 5 and nine months, am very stressed, as I don’t know anything about being involved in an accident. How can I resolve this?

If I tell the police the truth that although I was driving at the time, but don’t recall being involved in any RTA will they believe me and what will happen next? I have a clean license for 10 years and have never been involved in anything like this.

My insurance Company haven’t got in touch yet will they automatically and what are the implications? How can I go about resolving the issue and what is the likely outcome?

I would be grateful for a prompt response, bearing in mind the 7 days deadline. thank you

Dominic says:

I speak to lots of people in similar situations everyday – so don’t panic!

Yes you should explain to the police that you know nothing about the incident but accept being at that location at that time. You have a defence to failing to stop and report if we can show that you were unaware of an incident. You have to be careful with this offence because it carries 5-10 points.

The due care and attention allegation will depend on any witness statements that the police say that have and you will get to see those if you are summonsed. If you are asked to do an interview then I suggest you come back to me and I can arrange representation at the police station. Alternatively you can ask for a the duty solicitor on the day.

Come back to me with an update in relation to this matter. I persuade the police to drop over 80% of these allegations before issuing a summons for a fixed fee and I will be happy to assist further.

You need to tell your insurance company that there is a potential claim.