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big van! - reckless driving - mikeandvan

I apparently caused a slight dent to a car whilst changing lanes,I have just recieved a notice of intent to prosecute. The car didn't stop at the time or alert me to the 'fact' that I'd collided with it ( I honestly did not feel anything,nor see anything,but I did see car stop behind me and I wondered why! the car caught up with me again futher down road at lights, but did not beep me or try to get my attention at all!). So in all honesty I did not know that I hit this car (must have just brushed it with the tip of the back of my luton van).

Can I be done for failing to stop, or failing to report if I was genuingly unaware of the incident? I accept that I can probably be done for reckless driving as I am aware I did change lanes a bit swiftly, I was driving behind this car that seemed to be braking for no reason ( you know the ones), police said she reported that I was tailgaiting her, but to be honest she was kind of racing me futher back up the road ( I say sort of - we weren;t speeding,just playing silly b*****s trying to get in front, stupid now looking back, its strange but somedays I don't give a damn, and others I'm zipping in and out of traffic, which is pointless really. Apparantly the damage is very minor, just a slight dent on front wing, (the car looked like it was worth less than £500) how badly can I get done for this?? I only have 3 points on my licence for jumping a red light 2 years ago, and I am otherwise not a bad driver. There were no witnesses but seeing as it was on a busy main road probably cameras somewhere. And please don't think I'm a boy racer, just a bit rash at times,which I am now of course regretting as I don't want my insurance premium to put me out of business! Thanks for reading.

Edited by mikeandvan on 08/03/2013 at 20:58

big van! - reckless driving - tony g
(Can I be done for failing to stop, ( I say sort of - we weren;t speeding,just playing silly b*****s trying to get in front, stupid now looking back, its strange but somedays I don't give a damn)

I find it hard to believe that you could write the above and ask for advice .

Reading what you've written I would say you lack the intellect and emotional stability to be a safe driver .Your a danger to yourself and others around you when your driving .

The best advice I could give is change your job to something that doesn't involve driving .
big van! - reckless driving - focussed

By your own admission you have committed two offences:-

1.Failing to stop after an accident and/or failing to report an accident.

Max penalty - 6 months prison/£5000 fine discretionary disqualfication 5 to 10 points.

2. Careless and inconsiderate driving.

Max penalty - £5000 fine discretionary disqualification 3 to 9 points.

Reference - www.gov.uk/highway-code-penalties/penalty-table

I think you are going to have to change your job to something that doesn't involve driving.

big van! - reckless driving - Dwight Van Driver
Question was asked

Fail to stop.

Up to them to prove basically that driver aware of accident. If not then no offence.

Harding v Price [1948] Strict obligation to report but driver cannot discharge this function if not aware,

followed by

Selby v Chief Contestable of Avon and Somerset [1988]

In proving the offence the prosecution have to show the driver was aware; once the damage proved it is for the driver to show(on the balance of probabilities( i.e. minor contact, no noise etc)) that the driver was unaware of the occurrence

Remember the receipt of the NOIP does not automatically mean prosecution. The object of the NOIP is to draw the attention of driver early to a matter that could lead to,prosecution. Police will be carrying out an investigation after which file submitted to CPS to see what charges will stand up.

But from what stated by poster dark days ahead re Section 3 RTA 88

dvd
big van! - reckless driving - mikeandvan

Hi, and thanks for your very helpful reply, but could you tell me exactly what you mean by
'But from what stated by poster dark days ahead re Section 3 RTA 88' ? thanks.

big van! - reckless driving - Bromptonaut
But from what stated by poster dark days ahead re Section 3 RTA 88 dvd

Section 3 Road Traffic Act 1988; covers Driving Without Due Care and Attention.

On your confession in OP I'd regard that as a result!!

big van! - reckless driving - mikeandvan

what do you mean?

big van! - reckless driving - mikeandvan

Thanks for the advice.

Edited by mikeandvan on 09/03/2013 at 10:53

big van! - reckless driving - mikeandvan

was unaware of accident.

big van! - reckless driving - mikeandvan

Post removed

Edited by Honestjohn on 10/03/2013 at 10:10

big van! - reckless driving - mikeandvan

.

Edited by mikeandvan on 09/03/2013 at 10:54

big van! - reckless driving - mikeandvan

it was an off day, ok? but I knew I'd get some some self righteous responses.

big van! - reckless driving - FP

"...some self righteous responses."

That's what people often say when they come on here and don't like the advice they're given.

No-one's being self-righteous, Mike. They're just commenting on the facts given. Nothing personal.

big van! - reckless driving - mikeandvan

it wasn't advice, it was criticism, like i said I'm not a boy racer type. I had a small scrape last xmas when it snowed, I skidded into a parked car and broke the headlight - nothing else, I went around the houses and found the person whose car it was and explained myself, when I could have just driven off,thats the kind of guy I am.

big van! - reckless driving - Collos25

I suggest you re read your original post and ask yourself was the action and driving standard by myself that of a good safe driver.

big van! - reckless driving - RT

If CPS prosecute for failing to stop/report after an accident, a good solicitor can successfully defend if you genuinely didn't realise that an accident had occurred.

If CPS prosecute for careless/dangerous driving you've no defence and won't get off lightly.

You just have to hope that CPS conclude that the lack of independent witnesses gives no realistic chance of conviction and drop the case - you're in their hands.

Whatever happens you need to realise just how crass most other drivers think you are.

big van! - reckless driving - mikeandvan

Thankyou for your reply RT, from what I hear the damage was very minor, and I honestly did not feel or see a thing, but I admit I do need to change my attitude to driving, its just annoying because your in a big van car drivers always try to overtake you because they want to see ahead, so may've they need to change aswell.

big van! - reckless driving - RT

Thankyou for your reply RT, from what I hear the damage was very minor, and I honestly did not feel or see a thing, but I admit I do need to change my attitude to driving, its just annoying because your in a big van car drivers always try to overtake you because they want to see ahead, so may've they need to change aswell.

As a caravanner, I know about how badly drivers in general treat certain maligned vehicle types but their misdemeanours can never be an excuse for others.

Reminds me of the saying " never argue with an idiot - they drag you down to their level and then beat you with experience! "

big van! - reckless driving - mikeandvan

Post removed for being offensive.

Edited by Honestjohn on 10/03/2013 at 10:14

big van! - reckless driving - RT

Post removed for being offensive.

Edited by Honestjohn on 10/03/2013 at 10:15

big van! - reckless driving - mikeandvan

Post removed

Edited by Honestjohn on 10/03/2013 at 10:12

big van! - reckless driving - Collos25

Post removed.

Edited by Honestjohn on 10/03/2013 at 10:13

big van! - reckless driving - mikeandvan

Thats disgusting, 8- 10 points,we should have sharia law in this country, what would happen then? a few quid to sort out the damage and a sorry if necessary, nothing like the wrath of the state.

big van! - reckless driving - Collos25

The posts by myself and RT were not in anyway offensive unlike the post from the OP the fact that he can still use this forum after the outburst of expletives says a lot.

Edited by Collos25 on 10/03/2013 at 12:48

big van! - reckless driving - mikeandvan

HJ runs a great site.

Edited by Avant on 11/03/2013 at 23:58

big van! - reckless driving - Collos25

Comments like that show how imature you are .

big van! - reckless driving - FP

"The posts by myself and RT were not in anyway offensive..."

The trouble is, my dear chap, you never think any of your posts are offensive.

big van! - reckless driving - Collos25

I know exactly what I am writing thankyou.

big van! - reckless driving - FP

Lovely response! Made me chuckle.

big van! - reckless driving - E.Patterson - Motoring Lawyer

If you did not realise there was an accident and that damage had been caused then you have a defence to failing to stop and report. They are the really nasty ones.

If it was only a light bump then the court may accept that you were unaware. It sounds a bit "road ragey" to me and I would really want to know exactly what she is alleging before responding too fully to the police.

Obviously you have to name yourself as the driver - otherwsie you risk 6 more points for failing to name... If you have 3 points already you could be at risk of a totting ban at the end of this so be careful if you need to drive. If the police have sent you this notice they are taking her seriously. I suggest you take intial free advice from a motoring solicitor if you need to drive.

big van! - reckless driving - mikeandvan

Thankyou E.Patterson,I have taken advice from a motoring solicitor, she said the same as you. I sent the NOIP back, said I had no knowledge of any collision (which is true), I may get done for reckless driving though as I am aware of undertaking a bit hastily, but in all honesty did not feel any collision, pc said it was minor and seemed very relaxed about it. Solicitor reckons 3 - 6 points for careless, says she can get me off the failing to stop/report. I need my licence for work as I'm a removals man so they can't possibly take it from me for something this minor can they? I guess it also depends on whether they choose to view CCTV as I think there surely must be cameras on this particular road.

big van! - reckless driving - E.Patterson - Motoring Lawyer

I think I'm slightly more edgey than the other solicitor. I would want to speak to the officer in the case to find out what the other driver has said. I think they will have suggested a bit of road rage and this will make the police more suspicious that you did know.... Information is power in a case like this. May the force be with you. Emma.

big van! - reckless driving - mikeandvan

thanks emma, I'm pessimistic myself, I don't think they're gonna drop it, but far as I know the damage was just a small dent in front wing.

big van! - reckless driving - mikeandvan

result!

big van! - reckless driving - Avant

Would you like to tell us what the result was?

big van! - reckless driving - mikeandvan

no futher action