Being Prosecuted

thundercat · 8th September 2017, 10:57

A while back the 7th of June to be precise I was reversing my auto Conni up on ramps to do a brake pipe check. After struggling to get the car moving backward up the ramps I gave it a bit to much throttle. It duly shot off the ramps straight into my bungalow wall causing considerable damage. The Police turned up with paramedics as a neighbour had phones them. I was breathalysed by the Police woman and it was negative. My insurance company is paying for the repairs. Now this is the good bit, I have just had a letter from the Suffolk Constabulary informing me that I am being prosecuted for driving without due care and attention or reasonable consideration for other road users. So I can either pay 185 quid and attend a drivers awareness course or go to court, not much of a choice really is there.

myfirstrover · 8th September 2017, 11:21

Did it happen on private land , i.e. your drive , was it your bungalow that was damaged ? I think you need to get some proper legal advice .

thundercat · 8th September 2017, 11:46

Private land and drive and my rented bungalow

simondhopkins · 8th September 2017, 12:04

Because the property don't belong to you , you have caused a grievance to a third party hence why they have chose to prosecute you, also the insurance company would insist there was a prosecution aswell to justify the payout.

steve-45 · 8th September 2017, 12:07

Never heard of someone being prosecuted for hitting something on their own property!

So does that mean anyone racing, at say Brands Hatch, could be prosecuted for dangerous driving or even "speeding " ...... ?

rustymotor · 8th September 2017, 12:24

Go to court it will cost the Police a fortune and they may well drop it..crazy.

Damage to the property probably a civil matter if you don't fix it..

unimatrix1066 · 8th September 2017, 12:33

Get proper legal advice, I would be in your interest as plod is probably looking for conviction rate figures

Darcydog · 8th September 2017, 18:48

Quote:

Originally Posted by rustymotor

Go to court it will cost the Police a fortune and they may well drop it..crazy.

Damage to the property probably a civil matter if you don't fix it..

Good advice

Coups · 8th September 2017, 15:19

Doesn't sound right to me..... Seeking proper legal advice is the only sensible way to go. I've been thinking about this on and off all day and just can't see why a prosecution is in the public interest.

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Coups · 8th September 2017, 17:17

Quite right!

S3 Road Traffic Act 1988 (careless or inconsiderate driving) requires the offence to be on a road or other public place.

This would cover private owned car parks used by the public e.g. Supermarket, pub, leisure centre.

I can't see it covering a private driveway.

I'd suggest a call to the CPS or enquiry officer, if listed, should see this red penned. Someone's made a mistake here I think.

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8th September 2017, 10:57	#1
thundercat Posted a thing or two Rover 75 Club SE Join Date: Jul 2012 Location: saxmundham Posts: 1,438 Thanks: 289 Thanked 173 Times in 121 Posts	Being Prosecuted A while back the 7th of June to be precise I was reversing my auto Conni up on ramps to do a brake pipe check. After struggling to get the car moving backward up the ramps I gave it a bit to much throttle. It duly shot off the ramps straight into my bungalow wall causing considerable damage. The Police turned up with paramedics as a neighbour had phones them. I was breathalysed by the Police woman and it was negative. My insurance company is paying for the repairs. Now this is the good bit, I have just had a letter from the Suffolk Constabulary informing me that I am being prosecuted for driving without due care and attention or reasonable consideration for other road users. So I can either pay 185 quid and attend a drivers awareness course or go to court, not much of a choice really is there.

8th September 2017, 11:21	#2
myfirstrover Posted a thing or two Rover 75 2.0 cdi Join Date: Mar 2011 Location: Newcastle upon Tyne Posts: 1,896 Thanks: 401 Thanked 448 Times in 303 Posts	Did it happen on private land , i.e. your drive , was it your bungalow that was damaged ? I think you need to get some proper legal advice .

8th September 2017, 11:46	#3
thundercat Posted a thing or two Rover 75 Club SE Join Date: Jul 2012 Location: saxmundham Posts: 1,438 Thanks: 289 Thanked 173 Times in 121 Posts	Private land and drive and my rented bungalow

8th September 2017, 12:04	#4
simondhopkins Loves to post Vauxhall Vectra C Join Date: Jul 2016 Location: Burnley Posts: 445 Thanks: 179 Thanked 88 Times in 62 Posts	Because the property don't belong to you , you have caused a grievance to a third party hence why they have chose to prosecute you, also the insurance company would insist there was a prosecution aswell to justify the payout.

8th September 2017, 12:07	#5
steve-45 This is my second home Rover 75 Saloon CDTi Join Date: Oct 2015 Location: Belvedere Posts: 4,076 Thanks: 108 Thanked 1,089 Times in 774 Posts	Never heard of someone being prosecuted for hitting something on their own property! So does that mean anyone racing, at say Brands Hatch, could be prosecuted for dangerous driving or even "speeding " ...... ?

8th September 2017, 12:24	#6
rustymotor Posted a thing or two Rover 75 Tourer Join Date: May 2017 Location: Hull Posts: 1,848 Thanks: 216 Thanked 432 Times in 340 Posts	Go to court it will cost the Police a fortune and they may well drop it..crazy. Damage to the property probably a civil matter if you don't fix it..

8th September 2017, 12:33	#7
unimatrix1066 Avid contributor Zt and zr express van morris minor Join Date: Apr 2007 Location: partridge green Posts: 188 Thanks: 3 Thanked 5 Times in 4 Posts	Get proper legal advice, I would be in your interest as plod is probably looking for conviction rate figures

8th September 2017, 15:19	#9
Coups Posted a thing or two Rover 75 Contemporary SE Join Date: Apr 2014 Location: Dundee Posts: 1,941 Thanks: 545 Thanked 520 Times in 402 Posts	Doesn't sound right to me..... Seeking proper legal advice is the only sensible way to go. I've been thinking about this on and off all day and just can't see why a prosecution is in the public interest. Sent from my iPhone using Tapatalk

8th September 2017, 17:17	#10
Coups Posted a thing or two Rover 75 Contemporary SE Join Date: Apr 2014 Location: Dundee Posts: 1,941 Thanks: 545 Thanked 520 Times in 402 Posts	Quite right! S3 Road Traffic Act 1988 (careless or inconsiderate driving) requires the offence to be on a road or other public place. This would cover private owned car parks used by the public e.g. Supermarket, pub, leisure centre. I can't see it covering a private driveway. I'd suggest a call to the CPS or enquiry officer, if listed, should see this red penned. Someone's made a mistake here I think. Sent from my iPhone using Tapatalk