I have been sent a Notice of Intended prosecution for Dangerous Driving / Careless Driving. The facts are in the note copied below. May I have your thoughts. ThanksI leave for my office between 8.20 and 8.30 each morning. On numerous occasions I am forced to mount the pavement when driving along the Beanlands by traffic coming around a blind bend on the wrong side of the road as they wish to drop their children off at the school gates rather than park at the back of the queue.There is no question that it is my right of way and the speed that I am forced onto the pavement by them is less than walking pace.I expect the traffic regulations to be enforced and I will remain on the road in future until it is clear for me to proceed.I would welcome the presence of a police officer at this time of day to enforce the regulations, after all there is no necessity for them to put their children at risk by what is undoubtedly dangerous driving for no better reason than to avoid the small inconvenience of walking a few yards to school.
Province/Country relating to question : United Kingdom - Wiltshire
You're my first
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.What exactly would you like to know?
I think this has been instigated by parents who wish the road to be one way during school pick up and drop off hours and expect me to make an inconvenient diversion. How should I respond to the allegation. I did mount the pavement at less than walking speed but they forced me to do so.
Ok. So what would you like to know?
How should I respond to the police? Is their any particular legislation I should quote in my response?
Are you still there?
Yes, sorry this dropped off my question list.If this is a NIP then all you will be asked to do at this stage is identify the driver? This is a S172 form.
The form says it may result in prosecution. I have spoken to a clerk at the station who tells me that I can enclose a letter and I want to kill this off without bothering any further. That is why I have contacted you. I think this is no more than some arrogant parents trying it on and I want to respond in a robust and detailed manner. How do you suggest I respond?
There's no realistic prospect of that happening I'm afraid. If you mounted a kerb they are going to prosecute you although may be not for that offence.Would you be able to tell me whether they are asking for the identity of the driver?
Yes they are (me)
Do I have any recourse against the drivers forcing me up on to the pavement
The reason you are experiencing delay is that you keep posting before I have responded which pushes your question to the back of the queue.Have you responded to the NIP naming the driver?
Not yet...sorry about posting before your response
OK. What is the date of the incident alleged?And what is the date of issue on the NIP. It will be in the top right corner usually. We must deal with this first.
The date of the issue of the NIP is 22/06/12 and the incident happened on 22/06/12
OK. Is this just a case of mounting a kerb with two wheels?I suppose there is a school quite close?
Yes, it is just two wheels, the school is on the opposite side of the road
Ok. There is quite a bit to tell you about here so I will do it in stages.The first point is that you must complete the NIP. If you don't they will charge you with failing to identify. They will have given you 28 days to do so. You could include a cover letter but its not really a good idea. It won't deter them from investigating and it could be a change to put your head in the noose.Its very unlikely this will be a dangerous driving.I will continue about the facts of the offence but you must do that first.
On your specific point, this is not going to be a dangerous driving. I suppose they will have received an allegation that is more serious than just mounting the kerb though maybe. The issue will be fact specific.If it just mounting the kerb then its an a matter of driving without due care and attention at its highest. Actually if its just that you mount the kerb then you have a defence to driving without due care potentially. They have to show that your driving fell below the standard expected. There is an argument that mounting the kerb is falling far below but it depends really what they make of the fact of speeding round the tight bend. In any event, whatever you send to them will not deter them. If its just mounting the kerb then probably they will just summons you to court in the event that they intend to pursue this.
If you want to include a letter then its something you are free to do.There's no sense in quoting law and I wouldn't advise sending a letter. Apart from anything else you don't know what evidence they have and what allegation has been made.If you send a letter in then you may be admitting things of which they have no evidence at all. Letters are all very well if the incident is very minor and a defendant has no challenge. Then a letter apologising can be very effective but if you intend to contest this then I think it would be dangerous to make any admissions.
Bar Exams, over 5 years in practice
Do come back if you want more help. Always an interesting case.
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