Failure to provide a specimen but no prosecution for dangerous driving

[N3wbie]

Hi

 

Hopefully someone can help me. I do have a good lawyer who has explained this all to me, but I wanted to know if there is anyone who has experience of the possibility of additional charges being added to the defendant once they have already been charged?

 

Current situation:

1. Was smashed off the road by a suspected drunk driver, complete write off - other driver refused breathalyser at scene and was arrested.

2. They seemed fine, but I sustained several injuries as did my daughter, a minor.

3. Police officer asked me for a brief statement at the scene.

4. I instructed PI firm, who have been excellent. It's quite bad atm, and my head is my biggest concern.

5. No word from police, despite chasing the RTC team. Eventually manage to have an evidence folder setup, so I can upload our written statements, crash photos, and a video showing road conditions were good.

6. Local area, and a friend in emergency services said the defendnt is known to the police for this type of offence.

7. Six weeks after the event, the OIC (officer in charge) calls to say the defendant is being charged with 'failure to provide a specimen'; he wants to add dangerous driving to the list of charges and needs to come and take our statements. He was the arresting officer, accompanied the defendant to hospital, where the defendant refused to allow the doctors to take blood samples. He obtained signatures from the medical team stating there was no medical reason for the refusal to provide a specimen as he wanted the defendant off the road. He thanked us for the detailed plan and other evidence, and said he will simply copy and paste our statements and get our signatures. He wants to make sure the defendant is off the road.

8. 20 mins after the call I receive an email from the OIC stating his sergeant has confirmed the overarching charge is 'failure to provide a specimen', so they do not require statements from us. Nothing further needed, and happy to take questions.

9. I asked why dangerous driving cannot be added and will the CPS view all our evidence and statements? I also mentioned that surely it is new information to the police that I have serious injuries and this makes the case for dangerous driving even stronger. No response from the OIC to date, nearly a week now when responses were within 24hrs previously.

10. A barrister friend of mine has said this is ridiculous and it is quite clearly a case of dangerous driving. He suggested the lesser offence is the path with the least resistance and this ensures conviction without the additional effort of a dangerous driving charge.

11. Lawyer has advised that, whilst not an ideal situation, the case should be strong enough to demonstrate negligence.

 

My issues:

1. I know the lawyers for the defendant will claim that clearly it was not dangerous driving otherwise the police would have prosecuted for it. And that this might impact my PI claim.
2. Not vindictive, but this person nearly killed me and my daughter. We were broadsided whilst on the main road passing a give way and they were going approx. 45-50mph. If we had a smaller car we'd be gone. I do not want this person driving for a very long time. Looking online, there are lots of lawyers specialising in quashing 'failure to provide a specimen' charges and I'm struggling to relax on this one.
3. What joy can I expect from pushing the police for an answer?
4. Are the CPS likely to accept my evidence and investigate if I get through to them?

 

Sorry if I'm not coherent at the moment, my head is still cloudy and long thought processes aren't easy.

 

Hopefully someone can offer some helpful advice. Thanks.