scud8

iTrader: (1)

Worth reading The CPS : Driving Offences, Incorporating The Charging Standard. This is the CPS guidelines on bringing a charge of DWDCAA. If the police didn't attend then I suspect the CPS will tell them to get lost - for example, they will have no proof that your son wasn't feeling ill and momentarily lost concentration as a result.

I don't think they can argue that driving into the back of another car always implies DWDCAA - there are lots of times while driving when there are multiple and conflicting, but still legitimate, calls on your attention. It is always possible for something unexpected to happen in front of you when your attention is momentarily, but legitimately, elsewhere, and this does not automatically mean your standard of driving falls below the required level.

bartmanuk

i couldnt agree more with you alcazar, its a very good idea to go with the IAM idea, just dont let yourself be forced into paying for there course with the threat of him being taken to court if you dont.
its an empty threat, theyre trying it on, and as scud8 says, if the police didnt attend then the CPS will probably tell them to get lost.
tell them where to go and keep us posted.

BM

alcazar

iTrader: (2)

Rang Motoring Lawyers this morning, spoke with Hilary Kenway, who advised me to go with the course, which she reckons is worthwhile anyway, (with which I cannot disagree).

I mentioned that I couldn't see HOW the cops/cps could prosecute him for DWDCA, and her response was, "You sit back and watch them then".

Having SEEN magistrates in action once a motoring charge is brought, I think we'll take the "no prosecution" option, especially since he's only got 6 points to get before being banned, (only just passed his test), and DWDCA is 4/6 points

Thanks for anyone who inputted.

Alcazar

Chrisgr31

Although I think going with the course is the correct option, I do wonder whether it will appear on his driving record.

And in accepting the course I would state in any letter that he does not accept the DWDC charge.

Jerome

Also consider the fact that his (probably already expensive) insurance will rocket if he gets done for DWDC.

Leslie

Hard to say whether they could prosecute successfully Alcazar. It is one of those difficult situations where unfortunately they are on the winning side since it was your lad's fault according to the RTA for driving into the back of the other chap. I really think it is most unfair that they should hold a sword over him like that. The courses are run by retired police drivers of course. I would say that the course is the easiest idea all round as much as it might rankle.

Les

///\oo/\\\

It may also be the best £160 you have spent

Likely to learn more on that course than from learning to pass the test.

I would also suggest that arguing that driving into the back of someone was anything other than driving without due care and attention is an argument that would be very difficult to win.

alcazar

iTrader: (2)

Can't argue with any comments since my last. I've always felt the course would be a good idea, and would almost certainly have accepted it evn WITHOUT the threat. It's just the WAY it was "offered", that rankled.

The letter says that his attendance will be entered into the National Database, (???) for three years after his completion of the course. Not sure what that means, really?

I'll have to go onto their website and do some reading.

Alcazar

chocolate_o_brian

iTrader: (22)

where abouts did the accident happen? i asked earlier in the thread but you didnt reply mate...

andy

alcazar

iTrader: (2)

Sorry Andy, been a bit mithered and a tad busy today.

It was on Scotter bottom, approaching Burringham circle, just after the *sd* crossing and lights.

Traffic stopped for roundabout, he didn't..........

Alcazar

David Lock

I bet a few have done this??

Following a car to a T-Junction with driver in front and you waiting to turn left. Both drivers look to right to see when main road is clear before turning. Main road is clear and you move off automatically and slowly to start turn but with an eye on main road still. Trouble is car in front doesn't!! Either stalled, changed his/HER mind or doesn't agree that road is clear (car coming in distance). Result, very near miss or minor shunt.

I've certainly done it a few times. dl

Rioja

I was involved in a similar accident; although I was the one hit. Police attended and took statements from those around. The guy that hit me had not long passed his test. I really don't think he was driving without due care and attention; he just didn't appreciate that I was going at a speed much slower than normal for the road (due to following a farm vehicle), just young and lacking experience.

Anyway, got a letter a month or so later from the police saying he had attended a course at his own cost, and passed, and the matter was closed as far as they were concerned. I presume the net result of this is; driver gets some well needed experience, avoids points on license, his insurance stays a little cheaper and the rest of us are possibly a little safer on the roads in his company.

We're always preaching 'driver education' on this forum as an alternative to points and fines, so what's our reaction when it's offered; a scam!

Take the course, I think the net gains will be greater than the loss of £160.

alcazar

iTrader: (2)

To be fair, I was leaning towards this sort of thing anyway, having already contacted IAM, which I still intend for him to do.

I just feel that "holding a gun to someone's head" isn't really what government agencies ought to be about. Don't we have enough of that with speeding?

Anyway, the form is signed, and sent, accepting their "kind offer", with the addition of a little note saying that his acceptance of their "offer" in no way constitutes an acceptance that he was DWDCA.

Alcazar

Rioja

I agree with you; if you thought it was threatening then it probably was. However, the wording on legal documents such as NIP's etc often apear very intimidating when stating what you are 'guilty' of and the 'punishment' to expect. perhaps they should word it like; do you take option A, a driver education course: or option B, a trip to court for unknown points and prizes!

Good call on the letter. Can you write that type of thing on the form under a signature? or does that count as defacement and make the form invalid?

David Lock

Now don't get him all worried - he's been through enough

^Qwerty^

Agree 100%. Get him to write back and say he has enrolled with the local IAM, and then make sure you/he does. Not to keep them off your back, but because they can teach you so so much and maybe prevent a crash in the future.