Information about a (potential?) notice of intended prosecution.

[here now]

Hi everyone,

Another round of silly questions from me, if anyone has any advice or experiences they can share I’d be grateful.

I was arrested for driving over the limit after I was involved in a RTC but blew under the station and released without charge. My car was a write off. I made a subject access request to the police to get more information about my station result and as part of that response they said there would be no further action.

However after talking with a friend about their experience with an RTC (no alcohol involved) they said they were served with a notice of intended prosecution right before the 6 month mark. I’m now back in panic mode due to an ongoing dispute with my insurer (I won’t bore you with the details!) Anyways part of my argument with them hinges on the lack of charges. With this said, does anyone have thoughts on the following:

1. The police have told me in writing there will be no further action although to be fair this was in relation to drink driving by the OIC. Could they change their stance before the 6 month mark, for example for careless driving? Would the letter confirming no further action help me if I did receive a letter of intended prosecution?

2. Thanks to the amazing information provided on this forum I have come to truly appreciate the phrase “knowledge is power”. If I called 101 and spoke to the OIC (who has been helpful up until this point) to ask if they are intending to charge me with an offence, do they have to tell me? Or could they say no and then change their minds?

3. Regarding point 2 above, is this incredibly dumb of me? In other words, don’t wake a sleeping beast and wait it out as by calling to ask as they may decide to bring charges?

4. Do officers who attend the scene determine who is charged? Or is this done by an independent/separate team within the station?

I appreciate there is a lot to unpack here and there is no certainty but just trying to figure out how to work out if they will charge me so I don’t accidentally shoot myself in the foot with my insurer.

Thanks in advance for any advice!

 

[Bad_karma]

I think you are overcomplicating it all slightly. The police should have told you what the outcome of their collision investigation was/they are still investigating it. Perhaps you have misunderstood or perhaps they weren’t clear enough. They have either closed the file or they are still looking into it - they won’t have closed it and randomly come back to it just before the 6 month limit.

The case with the person you mention would have been being investigated. There are a few cases where I live locally and there have been a few bad RTCs recently (no drink/drugs) but I know the people involved have been released under investigation whilst the collision investigation team is investigating it.

If you are confused about anything the best thing to do is call 101 and ask.

 

[here now]

I think you are overcomplicating it all slightly. The police should have told you what the outcome of their collision investigation was/they are still investigating it. Perhaps you have misunderstood or perhaps they weren’t clear enough. They have either closed the file or they are still looking into it - they won’t have closed it and randomly come back to it just before the 6 month limit.

The case with the person you mention would have been being investigated. There are a few cases where I live locally and there have been a few bad RTCs recently (no drink/drugs) but I know the people involved have been released under investigation whilst the collision investigation team is investigating it.

If you are confused about anything the best thing to do is call 101 and ask.

Incredibly helpful and knowledgeable as always! Thank you - having re-read things they have told me no further action so I’m going to take it as that.

Thank you!