If a police officer doesn't serve a summons, can a driver plead not guilty and have no case to answer?

A driver is stopped by the police and after the driver's details are obtained the officer says: "You will be reported for driving without reasonable consideration for other road users". Nothing else is said. As the officer did not notify the driver that he was being reported for consideration of the question of prosecuting him and as no summons or NIP has been served in accordance with The Road Traffic Offender's Act 1988, am I correct in thinking that if the driver subsequently receives a summons he can plead 'Not Guilty' and submit that he has no case to answer?

Asked on 27 April 2013 by JR, York

Answered by Honest John

No. Not correct. He was informed on the spot that he would be reported for "driving without reasonable consideration for other road users" and that is effectively the 'Notice of Intended Prosecution'. It may or may not go ahead.

Tags: legal advice police

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