attend the driver improvement course or go to court?

[curly25]

hi, i wonder if anyone has any advice.
my other half had an accident back at the start of october involving another car. it was nothing too serious but he called the police at the time who attended the scene. the other car at the time was driving too fast and without indicating had turned into my hubby who had been at a give way.
we did the producer at the police station and just left it to be dealt with by the insurance company.
yesterday though we were very surprised to recieve a letter from the police saying there was sufficient evidence to sustain a prosecution for driving without due care and attention (can they do this after such a long time after the accident?). they have given an alternative to proceedings at court as a driver improvement scheme.
can i ask to see what evidence they have or is it not worth it to fight this and just attend the course?
this is our first ever accident and he was driving carefully as he is a prov licence holder and was being accompanied properly and he really felt he was doing the right thing by calling the police so we would really appreciate any advice as it just seems really unfair.

thanks

[gouldc]

Without meaning to sound sarky, there must have been more to it than just sitting at a junction if the police are looking to prosecute - the amount of horrendous accidents I've had to deal with where the CPS have refused to do anything about due to lack of evidence is astounding.

However, you would be best opting for the improvement course - it's a very easy option, and less severe than court (a stupid friend of mine did it for failing to maintain a safe braking distance on the motorway).

[curly25]

what makes me angry is the other guy at the time had got out and admitted it was his fault but when the police arrived went and laid down in the front seat of his car faking injury! i wasnt there at the time but i think my husband had edged forward at the time but had just moved from stationary and it was dark. but i cant see what evidence they have to say he was driving without due care, if anything he was taking more care as he is a prov licence holder. i was thinking to ask to see the evidence as may not be enough to prosecute and this is just scaring us into going for the 'easy' option.

[spaced]

save yourself the hassle, time and money and take the course. If anything you'll learn something!

[Brooksy]

I believe we have a "legal eagle" on this site, so wait & see what his opinion is. Of course, many solicitors will offer free INITIAL legal advice. The last thing your husband wants is a conviction even before passing his test as he will find insurance premiums afterwards prohibitive, even as a 2nd named driver. If the "driver improvement course" avoids any legal penalty or record then ok, but if not, serious thought must be given as to the consequences & it may be worth fighting this in court.

[Toureman]

From what you have said the police have not said that your husband is been prosecuted for anything.

They could be trying to frighten you into taking an unnecessary course which you will have to pay for.

Don't panic and wait to see if they take it any further action.