Due Care and Attention.

[Ollybee]

About six months ago I was pulled over by a T5 driver and told I would be offered up for the consideration of due care and attention. I was not put under caution and I did not sign anything nor was I given a producer but let on my way. I did not receive anything in the post and quite frankly I had forgotten about it until last night when a policeman knocked on my door.

He told me I had failed to appear in court on the 31st and as such a warrant had been issued for my arrest and I was being taken in to answer bail, this was at 2230hrs at night!! I was taken to nearest open police station (15 miles away!) and re bailed to appear in court in a few weeks.

I quite fancy fighting this as I'm sure the copper that pulled me over has not followed procedure, anyone had any similar experiences?

[randyraven]

The first step is to seek proper legal advise.
Someone has to answer for the break down in communication at least !
A recorded letter should have been sent at an early stage.
I think its called a NIP and you need to respond to it in 28 days.

[New Judge]

No NIP is necessary if you were told at the time of the alleged offence that you may be prosecuted.

[Ollybee]

Is a verbal NIP still valid if the person receiving it has not been cautioned, also anything they told the police would be inadmissible wouldn't it? However, how can they prove it was me in the first place as I did not sign anything.

[New Judge]

[Two Part Post]

The two things you refer to are separate.

A NIP is to warn you that you may be prosecuted for an offence. If you were not warned verbally at the time then it has to be sent to the registered keeper of the vehicle within 14 days of the alleged offence.

The warning that �You are not obliged to say anything...etc.� is to do with evidence. Evidence of what you have said cannot usually be admitted unless such a warning is given.

The verbal NIP is entirely valid without the warning in the same way as a written NIP would be.

From what you say the matter was listed in the magistrates� court and you should have received a summons. As you did not appear the magistrates saw fit to issue a warrant with bail which is why you were taken to the police station and formally bailed.

You must now appear in court as instructed. If you do not the magistrates will issue another warrant but it is likely that this time it will be without bail. Upon arrest you will be kept in custody to appear at the next normal court sitting. (Not good if you are arrested on Saturday afternoon!).

When you do appear in court you must explain that you knew nothing of the earlier proceedings and ask to have the case re-opened. You will probably be asked to give evidence to that effect under oath.

[New Judge]

[Part Two]

If you succeed in this you will then have to decide upon your plea. If you plead not guilty and part of your defence is that you dispute that it was you who was stopped and warned, the police officer(s) involved will be called to give evidence as to your identity. The fact you signed nothing when stopped will not override that evidence.

If you are eventually found guilty at trial you will lose up to one third discount (given for an early guilty plea) on any fines which are imposed. You will also have to pay a substantial contribution to the prosecution costs of preparing the matter for trial (usually �300-�400).

Pleading not guilty to motoring offences on the basis of procedural errors is fraught with danger. Some errors are critical to a successful prosecution, others are not. As randyraven has said you should seek proper legal advice before deciding what to do.

[Ollybee]

They seem fair points you have made. Also the plot thickens! I've been onto the court who said the offense was on the 1st October 2007, the summons was issued for driving without due care and inconsiderate driving on the 6th February 2008, which I did not receive, I failed to appear 4th March and was convicted in my absence.

The court said they would not re-issue a summons but I'm currently waiting for the CPS to phone me back to arrange getting the evidence for when I return to court later this month and I may be able to get the case reopened.