NIP 12/05/2022 re dash cam footage of me crossing 2 white solid lines on the 30/04/2022 - Road traffic offence act 1988 section 1 - Scotland

[JennyTB]

I received a NIP ( notice of prosecution) on the 12/05/2022 for dash cam footage of me crossing 2 white solid lines on the 30/04/2022

i can’t remember doing this but if it is on dash cam footage I must have.

 

The police contact me in September wanting to visit me but l was working, I phoned them back and left a message.

 

I did not hear from the again till December 22 . I contact them again and received a email stating they would come and visit me on the 31/12/2022. They did arrive and phone to say they were not coming.

 

My question

is there a time limit on when they sent a nip till the charge me.

If so what is it .

 

When they visit should I just admit to the offence or say l can’t remember anything about it.

Do I need solicitors advice.

I have just turned 25 , I have a clean licence and no prior offences. 
 

[BankFodder]

No point in having a solicitor. Also, if you agree that you did it then you should put your hands up. No point in trying to make things worse by denying something which is clearly correct.

I'm curious as to why the police would want to visit you. On such a small incident, to expend such disproportionately high resources seems a bit extraordinary

Make sure you keep any copies of voicemails et cetera so that their approaches to you and your responses can be retrieved if you need them to show that you have tried to cooperate with them in every way

[BazzaS]

If it was from dashcam footage, they will have the number plate but not know who the driver was.

 

Did you receive initial paperwork as the Registered Keeper (RK), and if so, was there an associated Section 172 (of the Road Traffic Act 1988) notification requiring the RK  to identify the driver?

 

If so, did you do so (to the police) within 28 days?

[JennyTB]

The dash cam footage had my number plate, The NIP had  my reg number , the date and where it happened. I replied to it stating l was the driver. 
 

I thought I read that the police have 6 months to charge me from the date it happened. Is this true. 
 

[dx100uk]

please answer bazzas question re section 172 notice

 

dx

 

[JennyTB]

this is a copy of the letter, it had my name and address on it. 
 

TAKE NOTICE in terms of Section 1 of the Road Traffic Offenders Act 1988, that it intended to institute a prosecution against you in respect that it is alleged that 30 April 2022 on the A96 road between Keith and Huntly, near Windyre Aberdeenshire,

 

you being the owner of a motor vehicle, namely motor registration number ( my registration number ) did  allow said vehicle to be driven on said road overtake on said road, crossing solid white lines there where this was permitted.

 

Procufator Fiscal Depute

 

NOTE: The fact that this notice has been sent to you does not necessarily indic that you will be prosecuted.

To comply with the law such a notice must be sent within fourteen days of an incident which may lead to a prosecution for the off named. If it is decided not to institute proceedings you will be informed.

 

 

[Man in the middle]

Quote

 

My question

is there a time limit on when they sent a nip till the charge me.

If so what is it .

I thought I read that the police have 6 months to charge me from the date it happened. Is this true.

 

Most motoring offences are “summary” offences and a prosecution must begin within six months in England & Wales. In Scotland that limit was extended to twelve months as a “temporary” measure at the start of the pandemic. That change still remains in place.

 

However, that does not matter. Dangerous Driving is an “Either Way” offence and there is no time limit to begin a prosecution.

 

It is interesting to note the wording of the letter. It states that you “…did  allow said vehicle to be driven on said road overtake on said road,…” So not that you drove dangerously yourself, but you allowed your car to be driven dangerously. It is also interesting to note that the letter states that they are taking this action against you as the “owner” of the vehicle. I wonder how they know that? I also wonder how they believe this automatically puts you in the position of allowing it to be driven dangerously.

 

I have no experience of Scottish road traffic matters but I do know that the Scottish police work in mysterious ways. In England & Wales a manoeuvre such as the one you are alleged to have carried out would not normally attract an allegation of dangerous driving. Careless driving would be far more usual. Also, it is very unlikely that the police would bother to visit you.  

 

However, you are where you are. I suggest you simply wait to see what they do next. If they do insist on interviewing you I would recommend you request that it be done at a police station. If it is done there, it will be recorded and you are entitled to have the duty solicitor present. Dangerous driving (if indeed that is what they proceed with) is a serious offence which carries a maximum of two years' custody, a mandatory ban of a minimum of 12 months followed by an extended re-test. It is not really something you should be discussing on your doorstep

[Homer67]

If the only evidence is from a member of the public's dashcam that they have submitted, they will have to attend court to confirm the evidence was made by them and is a true representation of the events.

 

In my experience most Dash Cammers submit the footage but don't want to attend court, so there is a chance the Police would have to drop the allegation if you plead Not Guilty and the DashCammer declines to attend court.

 

Of course some may be willing to attend court and in that case your punishment could be worse than if you admitted guilt at the first opportunity.

Edited January 5, 2023 by Homer67
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