Question re alleged failing to stop
#1
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Question re alleged failing to stop - FINAL UPDATE
Here's the scenario.
My wife got a letter from plod about a few weeks ago saying that her car was reported in a failing to stop after an accident at 5pm back in May. Whilst the number plate was correct, she was 15 miles away at the alleged time, although she did use this road shortly before 6pm (perhaps about 5.55 on her way to my son's nursery).
She subsequently phoned the police to question it and they said that someone had reported her for smashing a wingmirror on a car in a road near my son's nursery. Anyway, she wrote back to the police confirming the car was with her 15 miles away at that time and date, and provided documetary evidence also (a letter from her boss confirming she was interviewing, confirmation from her IT department that she didn't log off her computer until 5.01pm and confirmation from security that her car was seen driving out of the carpark at 5.05pm.
The police were happy with this, and 'closed the case'.
However, we received a call from the police the last week (followed by another letter) to say that the witness had now changed the time to "between 5pm and 6pm". She now can't say that she wasn't in this road between 5pm and 6pm because she knows she was there at about 5.55pm (but didn't smash anyones wingmirror).
My question is this - can a statement be changed in this way? I wouldn't of thought this is right.
Any leagle beagles (or plod!) care to make a comment.
My wife got a letter from plod about a few weeks ago saying that her car was reported in a failing to stop after an accident at 5pm back in May. Whilst the number plate was correct, she was 15 miles away at the alleged time, although she did use this road shortly before 6pm (perhaps about 5.55 on her way to my son's nursery).
She subsequently phoned the police to question it and they said that someone had reported her for smashing a wingmirror on a car in a road near my son's nursery. Anyway, she wrote back to the police confirming the car was with her 15 miles away at that time and date, and provided documetary evidence also (a letter from her boss confirming she was interviewing, confirmation from her IT department that she didn't log off her computer until 5.01pm and confirmation from security that her car was seen driving out of the carpark at 5.05pm.
The police were happy with this, and 'closed the case'.
However, we received a call from the police the last week (followed by another letter) to say that the witness had now changed the time to "between 5pm and 6pm". She now can't say that she wasn't in this road between 5pm and 6pm because she knows she was there at about 5.55pm (but didn't smash anyones wingmirror).
My question is this - can a statement be changed in this way? I wouldn't of thought this is right.
Any leagle beagles (or plod!) care to make a comment.
Last edited by Scooby Snacks 23; 24 October 2006 at 08:21 AM. Reason: update
#2
FFS talk about wasting police time! If it was me I'd go back to the police and demand that they are a little more precise with their timings - Over an hour period I could been seen at any number of places on cctv/cameras - petrol station, shop, traffic lights, high st etc so unless they want evidence from each and every site they need to narrow it down somewhat.
Amazing how the person who reported it remembered to get the number plate but cant approximate the time to less than an hour
sorry no legal advice, just what I'd do
Amazing how the person who reported it remembered to get the number plate but cant approximate the time to less than an hour
sorry no legal advice, just what I'd do
#3
Sounds very unfair to me - if the 'witness' is simply going to alter their testimony to suit the circumstances, what chance of being innocent does anyone have?
Ask whether because the witness has changed their timings, can your wife change hers?
Besides, whether she WAS there at the time or not, doesn't mean she is guilty of ANYTHING - they then need to prove she hit the other car, which they won't be able to, given that she's innocent.
Ask whether because the witness has changed their timings, can your wife change hers?
Besides, whether she WAS there at the time or not, doesn't mean she is guilty of ANYTHING - they then need to prove she hit the other car, which they won't be able to, given that she's innocent.
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Ask for evidence of the incident. Without any, it's all inadmissible in court.
Ask plod to inspect your wifes car. Get them to check with dealer's if they sold your wife a new wing mirror.
Suggest to Plod that they stop wasting tax payers money, and go and catch a real criminal.
Ask plod to inspect your wifes car. Get them to check with dealer's if they sold your wife a new wing mirror.
Suggest to Plod that they stop wasting tax payers money, and go and catch a real criminal.
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#10
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I checked them last night and they're spotless, not a scratch on them.
Mind you, they're the old chrome mirrors (Audi S3) so they're a bit tough
Mind you, they're the old chrome mirrors (Audi S3) so they're a bit tough
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dont forget what this is about here, its not the damage, thats a civil matter as there was no third party injury.
ask them 1 question and 1 more only...
ARE YOU CHARGING ME OR NOT?
Simple mate, CPS will not go through with that case, i cant say %100 as there are no definates, but come on, any solicitor will have this case halted long before it even gets to court.
hope you get sorted soon enough
john
ask them 1 question and 1 more only...
ARE YOU CHARGING ME OR NOT?
Simple mate, CPS will not go through with that case, i cant say %100 as there are no definates, but come on, any solicitor will have this case halted long before it even gets to court.
hope you get sorted soon enough
john
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Update.
Got home last night and there's a little card from Surrey Police to say that we called to see you but no one was in, please contact us re RTA in May 2006
I rang on behalf of the wife and spoke to the guy who left the card - apparently, they want to interview her about the accident (alleged accident I kept reminding him). She's not being arrested, but it's a yes/no interview to obtain the facts (that they've already had in writing). I've asked to be there and they have accpeted that, but I'm not allowed to answer for her or make any comments on her responses.
I cannot believe that it has got this far - WTF are the police doing?? This is such a waste of police time it's untrue.
I know it's their job to prove her guilty which they CAN'T do, so why are they wasting so much time on something a trivial as this.
I am extremely angry about it all :
Got home last night and there's a little card from Surrey Police to say that we called to see you but no one was in, please contact us re RTA in May 2006
I rang on behalf of the wife and spoke to the guy who left the card - apparently, they want to interview her about the accident (alleged accident I kept reminding him). She's not being arrested, but it's a yes/no interview to obtain the facts (that they've already had in writing). I've asked to be there and they have accpeted that, but I'm not allowed to answer for her or make any comments on her responses.
I cannot believe that it has got this far - WTF are the police doing?? This is such a waste of police time it's untrue.
I know it's their job to prove her guilty which they CAN'T do, so why are they wasting so much time on something a trivial as this.
I am extremely angry about it all :
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Originally Posted by Scooby Snacks 23
I've asked to be there and they have accpeted that, but I'm not allowed to answer for her or make any comments on her responses.
Best you get a brief to accompany you..... sounds fishy to me
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Get them to come around when convenient to you. I don't see why the police should have a problem in keeping to an agreed date/time. Plus get them to bring specific information about the time - if they can't do that then a) you can't respond and b) there should be no case to answer.
Dave
Dave
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Originally Posted by Scooby Snacks 23
I cannot believe that it has got this far - WTF are the police doing?? This is such a waste of police time it's untrue.
I know it's their job to prove her guilty which they CAN'T do, so why are they wasting so much time on something a trivial as this.
I know it's their job to prove her guilty which they CAN'T do, so why are they wasting so much time on something a trivial as this.
Police are too quick to go for normal law abiding citizens than tackle real crime. Again, they wonder why people have little respect for the police force these days.
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Originally Posted by hutton_d
Get them to come around when convenient to you. I don't see why the police should have a problem in keeping to an agreed date/time. Plus get them to bring specific information about the time - if they can't do that then a) you can't respond and b) there should be no case to answer.
Dave
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Originally Posted by DCI Gene Hunt
No but you can advise her not to answer questions and you are allowed to offer advice etc.
Best you get a brief to accompany you..... sounds fishy to me
Best you get a brief to accompany you..... sounds fishy to me
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Better to show full co-operation and bite your lip at this time, as this will help establish the fact that you have nothing to hide. Also mention that you have been willing to provide more that enough "Hard" evidence as to your where abouts on the day and times in question. And that it is only fair that someone making acusations about you, should offer more than what can be seen as flimsy evidence, and an altered and therefore very weak statement.
#26
when plod arrive tell them that your wife is out as she needed to mug someone to feed her drug habit as this is perfectly acceptable......................however allegedly knocking someones mirror 5 months ago is not.
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i though police wouldn't get involved unless the collision was one involving a personal injury, i know that both parties have to exchange details in event of a collision, but if your wife's mirrors are undamaged, then even if she had damaged the other car, how would she now, and how would the other party proove that she had done the damage(of course all in a civil court) the whole thing would probably be done in small claims and would cost the other party about £90 just to get it to court, then like others ahve said, they would have to proove that your wife was to blame, and if they can;t remember what time the alleged collision happened, then how would they be bale to stand in court against a barrister!!!!1
don't worry the plods may just be bored!!!
don't worry the plods may just be bored!!!
#28
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Originally Posted by Wish
Did she knock someones wing mirror off ???
I know if someone smashed my wing mirror off I'd want the police to hound them mercilessly.
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Originally Posted by miltski
i though police wouldn't get involved unless the collision was one involving a personal injury, i know that both parties have to exchange details in event of a collision, but if your wife's mirrors are undamaged, then even if she had damaged the other car, how would she now, and how would the other party proove that she had done the damage(of course all in a civil court) the whole thing would probably be done in small claims and would cost the other party about £90 just to get it to court, then like others ahve said, they would have to proove that your wife was to blame, and if they can;t remember what time the alleged collision happened, then how would they be bale to stand in court against a barrister!!!!1
don't worry the plods may just be bored!!!
don't worry the plods may just be bored!!!
B**tards
Sorry but if you are an easy target you'l get stitched, we all do it ourselves in our own jobs (ie do the easy work first) why should the Police be any different.
#30
Originally Posted by Scooby Snacks 23
they want to interview her about the accident (alleged accident I kept reminding him). She's not being arrested, but it's a yes/no interview to obtain the facts (that they've already had in writing).
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!!