Fail to stop, help required

Convicted Driver Insurance

o.ray

New Member
:mad: hello, unfortunately for me a simple miss understanding has turned into a nightmare with the long arm of the law.

at around 2:15 am, i was collecting my brother and 2 friends from outside a night club, the road out side the night club narrows between two buildings at a junction onto the main high street, with only enough space for one vehicle to pass at a time.

as i drove into the described area, a police car appeared at speed from the high street into the narrow passage, this caused me to brake suddenly,

the area around the night club was busy with drunken members of the public and uniformed officers attempting to keep the peace,

i was aware of this, and the fact that i would have to reverse in order to allow the police car to pass,

while i was attempting to engage reverse gear (my clutch has been playing up) the police officer in the car continued to move toward me, causing me to panic,

i carefully maneuvered my vehicle and the police moved out of my path and we drove past each other,

i turned right at the junction and begin to accelerate up a hill, my clutch slipped and i changed gear to correct this, however the clutch slipped again,

i headed up the high street and turned right in order to double back and head home (avoiding the high street with more crowds of drunken clubbers and pubbers.)

i became aware of police lights behind me, i turned right again completing my doubling back and the police car followed me,

I indicated and pulled over, the police officer violently banged repeatedly on my window and due to my vehicles ant-hijack security they were unable to open the door, i released my seat belt and opened the door from inside,

one officer pulled my from the vehicle while another snatched the keys from the ignition,

they informed me that i was being arrested for 'failure to stop', the officer claimed that he had shouted to me from inside his police car when we passed outside the night club, (THIS, IF TRUE, I NEVER HEARD HIM)

He then accused me of driving with excess speed and 'wheel spinning' up the high street, (my clutch was slipping, and therefore may have given the impression of more speed, and this they heard and did not witness with their own eyes).

They arrested me for failure to stop and placed me in hand cuffs.
I pleaded with the officer that i was not aware that i had been asked to stop and that i had pulled over as soon as i had realized they were pursuing me.

The was an older officer at the scene at this point, he came over and asked the arresting officer why i had been placed in hand cuffs, the officer begin to explain and was promptly told that he didn’t have authority to do that and to remove the hand cuffs, after i passed a breath test inside his police car the cuffs were removed, and i went home.

I was requested to attend the police station a week later for an interview, when i was informed that i was to be interviewed on counts of 'fail to stop', 'excess speed' and 'driving with out due care and attention'.

when i realized the severity of the situation i requested a solicitor, one was not available, i have now been requested to attend an interview this Sunday, and have received a letter of intended prosecution.

How does this look?
they have no evidence to support their claims (to my knowledge),
If he called out to me from his police car, and therefore i didn’t hear him, surely it is a genuine mistake to make?
if he wanted me to stop why did he move his car to allow me to pass? why not keep me blocked in?

They claim they heard me 'wheel spining' as i have said it was my clutch slipping, causing the revs to build up and therefore create more noise and possibly the impression of 'wheel spinning', my car is 4 wheel drive, you cannot wheel spin on a dry surface.

any advice would be much appreciated.
 
Do not agree to be interviewed with a legal representative present. You are entitled to FREE and independent legal advice if you are interviewed under caution at a police station by a police officer under the legal aid scheme. This is not mean tested. This means that you will not have to pay for a solicitor or legal representative at the police station, irrespective of your income. In order to avoid waiting around at the police station whilst the police contact a duty solicitor for you, I would recommend you arrange it in advance. I can arrange this for you if you would like me to.

The interview under caution can and will be used in evidence against you. Whilst police officers often say things like "we just want a chat" or "we just want your side of the story" or "it's in your best interests to tell us what's gone on". You are being asked to attend voluntarily and as such you do not have to attend if you don't want to. I would be interested to know how the police justify arresting you for these non-imprisonable offences. The offence alleged of failing to stop when requested by a uniformed officer is NOT the same as the offence of failing to stop at the scene of an accident. The offence you are accused of is not imprisonable.

If you didnt see or hear the officer asking you stop then you can't be guilty. Similarly, on your version you are not guilty of driving without due care and attention. As far as the speeding is concerned it will be interesting to find out how they recorded your speed.

Do not go to that interview without speaking to a solicitor first. It should cost you nothing. Please contact one of our team direct on 08450020736 if you want help arranging this.
 
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