newbie_DD
New Member
Hi
Hopefully someone can help me. I do have a good lawyer who has explained this all to me, but I wanted to know if there is anyone who has experience of additional charges being added to the defendant once they have already been charged?
Current situation:
Was smashed off the road by a suspected drunk driver, complete write off - other driver refused breathalyser at scene and was arrested.
They seemed fine, but I sustained several injuries as did my daughter, a minor.
Police officer asked me for a brief statement at the scene.
I instructed a top PI firm (specialists, not the usual claims handling teams), who have been excellent. It's quite bad atm for me, I'm struggling with work, I'm slow with responses, make spelling mistakes and my head is my biggest concern.
Had no word from police after the crash apart from asking for my details at the scene, checking my insurance, and breathalysing me. Chased the RTC team repeatedly as I felt it odd that no one was taking our witness statements, especially as my daughter is a minor. Eventually managed to have an evidence folder setup, so I can upload our written statements, crash photos, and a video showing road conditions were good.
Local area, and a friend in emergency services said the defendant is known to the police for this type of offence.
Six weeks after the event, the OIC (officer in charge) calls to say the defendant is being charged with 'failure to provide a specimen'; he wants to add dangerous driving to the list of charges and needs to come and take our statements. He was the arresting officer, accompanied the defendant to hospital, where the defendant refused to allow the doctors to take blood samples. He obtained signatures from the medical team stating there was no medical reason for the refusal to provide a specimen as he wanted the defendant off the road. He thanked us for the detailed plan and other evidence, and said he will simply copy and paste our statements and get our signatures. He wants to make sure the defendant is off the road.
20 mins after the call I receive an email from the OIC stating his sergeant has confirmed the overarching charge is 'failure to provide a specimen', so they do not require statements from us. Nothing further needed, and happy to take questions. This struck me as very strange.
I asked why dangerous driving cannot be added and will the CPS view all our evidence and statements? I also mentioned that surely it is new information to the police that I have serious injuries and this makes the case for dangerous driving even stronger?
A barrister friend of mine has said this is ridiculous and it is quite clearly a case of dangerous driving. He suggested the lesser offence is the path with the least resistance and this ensures conviction without the additional effort of a dangerous driving charge. He also said the joke of it all is that the police will probably use my evidence to convict, but not require a witness statement from either my daughter or I as, technically, there probably isn't a victim in a 'failure to provide' charge.
Lawyer has advised that, whilst not an ideal situation, the case should be strong enough to demonstrate negligence.
My issues:
- I know the lawyers for the defendant will claim that clearly it was not dangerous driving otherwise the police would have prosecuted for it. And that this might impact my PI claim. My lawyer is very positive but I am more cynical about the end result.
- Not vindictive, but this person nearly killed me and my daughter. We were broadsided whilst on the main road passing a give way and they were going approx. 45-50mph. If we had a smaller car we'd be gone. I do not want this person driving for a very long time. Looking online, there are lots of lawyers specialising in quashing 'failure to provide a specimen' charges and I'm struggling to relax on this one. Am I fighting a losing battle, or worth pursuing the dangerous driving charge?
- I have asked the police to confirm if CPS and/or magistrate will see our evidence and statements as they are pretty damning. There was nothing left of the front of the other vehicle (commercial size and upside down), and the insurers have said it is a clear non-fault claim on my part. But this was deliberate dangerous driving and could have killed if I was in a smaller car. What joy can I expect from pushing the police for an answer?
- Are the CPS likely to accept my evidence and investigate if I get through to them?
- Reviewing the RTOA 1988 s.1 states an offence under s.2 can only be charged if an NIP has been given at the time or within 14 days of the alleged offence, ref. Bentley v Dickinson. However, the defendant has to prove no NIP given, and the CPS are not bound to s.1 if the defendant 'caused an accident at the time of the offence, or immediately afterwards' that they were aware of. Does this mean that the police/CPS can still charge for the offence or add it to the list of charges for the impending court date even though it is now outside the 14 day time limit?
Sorry if I'm not coherent at the moment, or have misunderstood the RTOA, my head is still cloudy and long thought processes aren't that easy. I'm taking ages to write and check this before posting!
Hopefully someone can offer some helpful advice. Thanks.
Hopefully someone can help me. I do have a good lawyer who has explained this all to me, but I wanted to know if there is anyone who has experience of additional charges being added to the defendant once they have already been charged?
Current situation:
Was smashed off the road by a suspected drunk driver, complete write off - other driver refused breathalyser at scene and was arrested.
They seemed fine, but I sustained several injuries as did my daughter, a minor.
Police officer asked me for a brief statement at the scene.
I instructed a top PI firm (specialists, not the usual claims handling teams), who have been excellent. It's quite bad atm for me, I'm struggling with work, I'm slow with responses, make spelling mistakes and my head is my biggest concern.
Had no word from police after the crash apart from asking for my details at the scene, checking my insurance, and breathalysing me. Chased the RTC team repeatedly as I felt it odd that no one was taking our witness statements, especially as my daughter is a minor. Eventually managed to have an evidence folder setup, so I can upload our written statements, crash photos, and a video showing road conditions were good.
Local area, and a friend in emergency services said the defendant is known to the police for this type of offence.
Six weeks after the event, the OIC (officer in charge) calls to say the defendant is being charged with 'failure to provide a specimen'; he wants to add dangerous driving to the list of charges and needs to come and take our statements. He was the arresting officer, accompanied the defendant to hospital, where the defendant refused to allow the doctors to take blood samples. He obtained signatures from the medical team stating there was no medical reason for the refusal to provide a specimen as he wanted the defendant off the road. He thanked us for the detailed plan and other evidence, and said he will simply copy and paste our statements and get our signatures. He wants to make sure the defendant is off the road.
20 mins after the call I receive an email from the OIC stating his sergeant has confirmed the overarching charge is 'failure to provide a specimen', so they do not require statements from us. Nothing further needed, and happy to take questions. This struck me as very strange.
I asked why dangerous driving cannot be added and will the CPS view all our evidence and statements? I also mentioned that surely it is new information to the police that I have serious injuries and this makes the case for dangerous driving even stronger?
A barrister friend of mine has said this is ridiculous and it is quite clearly a case of dangerous driving. He suggested the lesser offence is the path with the least resistance and this ensures conviction without the additional effort of a dangerous driving charge. He also said the joke of it all is that the police will probably use my evidence to convict, but not require a witness statement from either my daughter or I as, technically, there probably isn't a victim in a 'failure to provide' charge.
Lawyer has advised that, whilst not an ideal situation, the case should be strong enough to demonstrate negligence.
My issues:
- I know the lawyers for the defendant will claim that clearly it was not dangerous driving otherwise the police would have prosecuted for it. And that this might impact my PI claim. My lawyer is very positive but I am more cynical about the end result.
- Not vindictive, but this person nearly killed me and my daughter. We were broadsided whilst on the main road passing a give way and they were going approx. 45-50mph. If we had a smaller car we'd be gone. I do not want this person driving for a very long time. Looking online, there are lots of lawyers specialising in quashing 'failure to provide a specimen' charges and I'm struggling to relax on this one. Am I fighting a losing battle, or worth pursuing the dangerous driving charge?
- I have asked the police to confirm if CPS and/or magistrate will see our evidence and statements as they are pretty damning. There was nothing left of the front of the other vehicle (commercial size and upside down), and the insurers have said it is a clear non-fault claim on my part. But this was deliberate dangerous driving and could have killed if I was in a smaller car. What joy can I expect from pushing the police for an answer?
- Are the CPS likely to accept my evidence and investigate if I get through to them?
- Reviewing the RTOA 1988 s.1 states an offence under s.2 can only be charged if an NIP has been given at the time or within 14 days of the alleged offence, ref. Bentley v Dickinson. However, the defendant has to prove no NIP given, and the CPS are not bound to s.1 if the defendant 'caused an accident at the time of the offence, or immediately afterwards' that they were aware of. Does this mean that the police/CPS can still charge for the offence or add it to the list of charges for the impending court date even though it is now outside the 14 day time limit?
Sorry if I'm not coherent at the moment, or have misunderstood the RTOA, my head is still cloudy and long thought processes aren't that easy. I'm taking ages to write and check this before posting!
Hopefully someone can offer some helpful advice. Thanks.