Notice of prosecution for speeding + drd from procurator fiscal

[allank]

Advice please,

My friend (Mark) travelling along M80 (Glasgow) at approx 8pm behind car( in his large van) at a distance of approx 4mtrs on outside lane (2 lane m/way) wiith no other traffic on road , next thing there is a car behind him so close all he could make out was its wing mirror, he moved to the inside lane to let it past, the car followed, at this point the car on the outside lane slowed down, making Mark overtake on the inside lane as the the car was still tail ending him, at this point the blue lights started flashing and he was pulled over (unmarked police car). He was very pleasant with the officers, they mentioned undertaking as the offence but would refer to PF. that was May of this year. Last week a notice was put through his door to collect summons for trial from police station. He has been charged for speeding, which was not mentioned at the time of offence, and dangerous and reckless driving. needless to say he is concerned over this matter. Any advice would be appreciated on how to handle this matter.

[Aretnap]

Under Section 1 of the Road Traffic Offenders Act all that's required at the time of the offence is that he be "warned that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration." In other words if he's warned at the time that he might be prosecuted for careless driving (to which S1 applies), he can subsequently be prosecuted for dangerous driving or speeding (two other offences to which it applies). Reckless driving no longer exists as an offence so I doubt he's been charged with that - possibly he's confusing the particulars of the offence with the charge itself. Dangerous driving is a serious charge which would result in a minimum one year ban and a possible jail sentence on conviction so I'd suggest that he sees a good solicitor, preferably one who specialises in motoring offences. It sounds like he's in too much trouble to be taking advice from an internet forum.

[allank]

Thanks Aretnap for your reply,the point I was trying to make was that the police created the situation by driving at an unsafe distance and all he was doing was trying to get out of the way of there car, as you said, and quite rightly so he will be consulting a solicitor and also pleading not guilty to the charges. but would it be beneficial to reply to PF, pleading not guilty and detailing the circumstances

[havinastella]

I would be asking if the Police had CCTV in the car!

[Aretnap]

Not sure about Scottish procedure, but down here you'd send your plea to the court, not to the prosecutor. I wouldn't be saying anything to the fiscal without speaking to a solicitor first; the last thing he wants to do is incriminate himself. For example by saying that he was following a car at a distance of 4mtrs at motorway speeds - that would be less than a fifth of a second gap.

[allank]

Great points havinastella and Aretnap, thank you both for your input and advice, will let you know the outcome