Question re alleged failing to stop
#31
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Originally Posted by Daryl
From what you have said, it sounds as though the interview will be taking place at your home. Your wife should ask if they suspect her of committing an offence. If the answer is no, then she should say that, unfortunately, she cannot offer any additional information and has already been as helpful as she can be. Ask the officer to notebook it, then she should read his notebook and sign and date it as a true account of what was said. Refuse to get drawn in any further.
If he says she is suspected of committing an offence, he must caution her and offer free legal advice. She should then make no further comment until they have provided her with a brief - which will be very awkward away from the police station. It is entirely possible that he would try to make veiled threats about having to go to the police station if she wants a brief, or even that he may have to arrest her! She should be firm and insist on staying where she is and on speaking to a brief- it would be unreasonable to expect her to go to the station and unlawful to arrest her at this point.
One other piece of advice - record the conversation. As long as you tell the officer that you intend to record it, you are perfectly within your rights to do so. In fact, as soon as he steps through the door, have the tape recorder on and make sure it stays on, whatever he says!!
If he says she is suspected of committing an offence, he must caution her and offer free legal advice. She should then make no further comment until they have provided her with a brief - which will be very awkward away from the police station. It is entirely possible that he would try to make veiled threats about having to go to the police station if she wants a brief, or even that he may have to arrest her! She should be firm and insist on staying where she is and on speaking to a brief- it would be unreasonable to expect her to go to the station and unlawful to arrest her at this point.
One other piece of advice - record the conversation. As long as you tell the officer that you intend to record it, you are perfectly within your rights to do so. In fact, as soon as he steps through the door, have the tape recorder on and make sure it stays on, whatever he says!!
#32
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Eagerly awaiting update.
This one reminds me of one of our brushes with the law here
After being ignored for burglaries, thefts, and assaults, we FINALLY got TWO coppers round at my house............. wait for it.............
To interview my 15 year old (as was) for trespass.........he took a short cut home from school across the local Junior school field
Priorities, anyone?
Alcazar
This one reminds me of one of our brushes with the law here
After being ignored for burglaries, thefts, and assaults, we FINALLY got TWO coppers round at my house............. wait for it.............
To interview my 15 year old (as was) for trespass.........he took a short cut home from school across the local Junior school field
Priorities, anyone?
Alcazar
#33
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Update number 3:
The police visited our house on saturday morning. I made him a cup of tea and we sat down. He then cautioned my wife (which I found a bit strange) and then she did a written statement, which took about a hour and a quarter.
He told her what the allegation was and read out extracts from the statement made by the witness. So many things did not make sense or add up. The road it happened in has speed humps every 10m, and is tight with parked cars on either side. She alleges that my wife (who was 2 cars in front of her), having already given way to a car coming in the opposite direction, continued down the road at excessive speed and clipped a VW Golf's wingmirror which sent it "8 to 10 feet in the air". She stated that it was a Silver Audi A3 with a female driving it. In fact it's a dark grey S3 (forget the S, as that's understandable) and as my wife is not tall (5ft 6"), when looking at the back of her car, you cannot see her as her headrest is fairly high. How would she be able to see if it was a female driver from two cars behind when you can tell that from being directly behind? She also doesn't remember the colour of the Golf, despite putting a note on the windscreen.
When the interview was being wound up, he said it for "purely procedural reasons" her she was being charged with:
Driving Without Due Care and Attention
Failing to stop after a Road Traffic Accident
Failing to exchange details after a Road Traffic Accident
Faling to report a Road Traffic Accident
He then inspected the Audi's wingmirror and noted that there is NO damage to it. Now it goes back to the administrator at the police station who subsequently decided (perhaps after discussion with the CPS?) if it goes to court.
I desperately want it to now - even I could have her statement ripped to shreds in court :raz:
The police visited our house on saturday morning. I made him a cup of tea and we sat down. He then cautioned my wife (which I found a bit strange) and then she did a written statement, which took about a hour and a quarter.
He told her what the allegation was and read out extracts from the statement made by the witness. So many things did not make sense or add up. The road it happened in has speed humps every 10m, and is tight with parked cars on either side. She alleges that my wife (who was 2 cars in front of her), having already given way to a car coming in the opposite direction, continued down the road at excessive speed and clipped a VW Golf's wingmirror which sent it "8 to 10 feet in the air". She stated that it was a Silver Audi A3 with a female driving it. In fact it's a dark grey S3 (forget the S, as that's understandable) and as my wife is not tall (5ft 6"), when looking at the back of her car, you cannot see her as her headrest is fairly high. How would she be able to see if it was a female driver from two cars behind when you can tell that from being directly behind? She also doesn't remember the colour of the Golf, despite putting a note on the windscreen.
When the interview was being wound up, he said it for "purely procedural reasons" her she was being charged with:
Driving Without Due Care and Attention
Failing to stop after a Road Traffic Accident
Failing to exchange details after a Road Traffic Accident
Faling to report a Road Traffic Accident
He then inspected the Audi's wingmirror and noted that there is NO damage to it. Now it goes back to the administrator at the police station who subsequently decided (perhaps after discussion with the CPS?) if it goes to court.
I desperately want it to now - even I could have her statement ripped to shreds in court :raz:
#35
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What a nightmare. As far as I know if she hasn't actually been arrested and taken to a police station she can't have been charged - those charges might be being investigated but at the moment I think that's as far as it can go unless they decide there is enough evidence and they actually come back to arrest her.
#36
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And now, with my "experiences" of the police, I'd be seriously investigating the following:
1. Does the witness' car have damage to IT'S wingmirror?
2. Does someone the witness KNOWS' car have damage to it's wingmirror?
3. Does the witness have some CONNECTION to the police?
4. Does the dmaged car's owner have some connection to the police?
It's all a bit fishy for an accident that caused no injury, and THIS is why you trust the police as far as you could chuck a carload!
Alcazar
1. Does the witness' car have damage to IT'S wingmirror?
2. Does someone the witness KNOWS' car have damage to it's wingmirror?
3. Does the witness have some CONNECTION to the police?
4. Does the dmaged car's owner have some connection to the police?
It's all a bit fishy for an accident that caused no injury, and THIS is why you trust the police as far as you could chuck a carload!
Alcazar
#37
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Originally Posted by alcazar
2. Does someone the witness KNOWS' car have damage to it's wingmirror?
Alcazar
The police would not tell us who the witness was, was did say she was "local".
#38
Originally Posted by Scooby Snacks 23
He then cautioned my wife...
Originally Posted by Scooby Snacks 23
He told her what the allegation was...
Originally Posted by Scooby Snacks 23
he said for "purely procedural reasons" she was being charged...
He then inspected the Audi's wingmirror and noted that there is NO damage to it...
He then inspected the Audi's wingmirror and noted that there is NO damage to it...
#39
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There'll be summat going down, that's for sure.
In my experience, the cops will not put this much effort into burglaries, nor common assault, even if the perpetrators of the latter are known
They even took FIVE days to respond when my youngest was assaulted, and threatened with a knife.
So ALL THIS for someone's wing mirror, and no ulterior motive? I think not.
Alcazar
In my experience, the cops will not put this much effort into burglaries, nor common assault, even if the perpetrators of the latter are known
They even took FIVE days to respond when my youngest was assaulted, and threatened with a knife.
So ALL THIS for someone's wing mirror, and no ulterior motive? I think not.
Alcazar
#40
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UPDATE NUMBER 4: THE CONCLUSION
My wife received a letter in the post yesterday confirming that having considered all the evidence, they will not be taking the matter any further (i.e. the CPS have confirmed my wife has no case to answer).
Hurray - finally common sense prevails.
Interesting thing, within the letter was the name and address of the witness - not sure what the purposes of that was, but there you go, something to keep in mind.....
My wife received a letter in the post yesterday confirming that having considered all the evidence, they will not be taking the matter any further (i.e. the CPS have confirmed my wife has no case to answer).
Hurray - finally common sense prevails.
Interesting thing, within the letter was the name and address of the witness - not sure what the purposes of that was, but there you go, something to keep in mind.....
Last edited by Scooby Snacks 23; 24 October 2006 at 09:10 AM.
#43
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Originally Posted by Scooby Snacks 23
Interesting thing, within the letter was the name and address of the witness - not sure what the purposes of that was, but there you go, something to keep in mind.....
#44
it was getting my back up reading what you have both been through and im glad its all sorted out now. i am shocked that it has happened and i think you should check with the police to make sure no black marks are left against your wifes name.
i would deffinately use the extra information you aquired to your satisfaction i know i would
i would deffinately use the extra information you aquired to your satisfaction i know i would
#46
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scooby snacks-
the problem with this post is there has been far too many posters offering "advice" that has been absolute bollox which has wound you and all other readers up.
the fact of the matter is that a colision took place and an independent witness left their details with the unattended vehicle. the owner of this vehicle then contacted the police (as you or i would have done) and the cops had a duty to investigate it following procedures.
imo the investigating officer could have and should have written off the rtc without the need for a contemepanious i/v,which obviously stressed you and the missus.
the outcome was inevitable.
the problem with this post is there has been far too many posters offering "advice" that has been absolute bollox which has wound you and all other readers up.
the fact of the matter is that a colision took place and an independent witness left their details with the unattended vehicle. the owner of this vehicle then contacted the police (as you or i would have done) and the cops had a duty to investigate it following procedures.
imo the investigating officer could have and should have written off the rtc without the need for a contemepanious i/v,which obviously stressed you and the missus.
the outcome was inevitable.
#47
Originally Posted by Scooby Snacks 23
Interesting thing, within the letter was the name and address of the witness - not sure what the purposes of that was, but there you go, something to keep in mind.....
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