Almost side swiped - Advice please. - deere3350
Opinions of the backroomers required please, regarding the following incident :

Driving along a dual carriageway today at my usual 65-70 mph. Car passing me on the outside lane starts to pull in while ALONGSIDE me forcing me to brake and blast the horn to alert the lunatic. This wasn't cutting in - it was almost a side swipe.

This incident was witnessed by the occupants of the following car - who made their disbelief clear to me as they passed. We all stopped at the next layby where I got their details to act as witnesses as I decided to report the matter to the police.

I was advised by the police that the choice was mine regarding whether I wished to make a formal complaint or whether the other idiot should get a warning.

Considering the potential consequences, I'm inclined to go for the formal complaint.

Advice from the backroomers please - what would you do in the situation ?

Thanks all.


Almost side swiped - Advice please. - Obsolete
What are the consequences of a formal complaint? If it is 3 points on the licence, then I would go for it. It is after all no more than a speeding penalty.
Almost side swiped - Advice please. - Dwight Van Driver
Make your mind up quickly as Plod, because no accident took place, will have to serve Notice of Intended Prosecution within 14 days of the incident.

How many witnesses on your side? How many in and for the other car? An inbalance on your side doesn't bode well.

If you complain then Plod will take statements etc and present file to CPS who will decree whether or not to run it at Court. Got to be virtually a cast iron case for them to run it.

Court date arrives if they go ahead then I would expect a fight on a Not Guilty plea, when after you give your evidence, no doubt your manner of driving will be put under the microscope by Defence Solicitor who will be trying his level best and trickery to getting his Client off for that is what he is paid to do. Truth goes out of the window at times.

End result, your day and that of your witnesses accounted for a fine and 3 points if the case is proved. Disallusion if found Not Guilty and faith in the law destroyed.

The other option mentioned, the verbal warning. Matter resolved straight away - no hassle. Effect - minimal as driver will probably have cloth ears and take no notice and will continue in his errant ways.

So despite the gloom, stand up for your rights and that of others and give the official complaint a whirl. If you are successful, and you could be, you will have struck a blow for yourself and importantly us other motorists.

DVD
Almost side swiped - Advice please. - SteveH42
Make your mind up quickly as Plod, because no accident took
place, will have to serve Notice of Intended Prosecution within
14 days of the incident.


Do the police let you know either way? I don't know if anyone recalls, but a while back I posted a query about a van that scraped down the side of my house causing some damage. I reported this to the police via the GMP website but have heard nothing since. While they will not necessarily prosecute of course, I at least expected to get some details from them so I could contact the vehicles insurer to claim for the damage, but I've not heard a peep.
Almost side swiped - Advice please. - sean
Be careful.
I don't know why you think the other driver will get points as courts tend not to apply them based on the testimony of one driver versus another.
The offender might also have an ulterior motive.
If you give a statement, he's entitled to receive a copy of it, with your name and address on it. Nice to have somebody out there with a grudge against you?
Also witnesses will have seen the vehicles move but not what happened inside the errant one. Many defences spring to mind as to what he was doing to avoid an accident.
I know it sounds ridiculous when he's nearly totalled you, but a convincing ploy, well told in court, will often sway the beak.
Also, how many days off work would you like, to go and sit in the magistrates court, waiting for your evidence. You did know that, didn't you?
What you give as a statement you will have to physically go and tell the beak.
Leave it. It's not worth it.
Almost side swiped - Advice please. - Morris Ox
Something tells me this would never get to court. Either because the police sought to persuade you that a warning was a more (cost) effective means of dealing with the mater, or because, if you still insisted, the CPS would say there were insufficient grounds (based on the cost of achieving a result and the benefit of achieving a result) to prosecute.

The bits in brackets are what they wouldn't say to you, of course.

Almost side swiped - Advice please. - Altea Ego
Unless you were sure the bloke did it on purpose I would chalk this one up to experience and let it go. If it was genuine carelessness or doziness on his part, he would have been just as shocked as you and wont do it again for a while.

If however it was the continuation or culmination of a road rage situation, then thats a whole new barrel of monkeys......
Almost side swiped - Advice please. - Rojer
If there's any chance of the other guys finding out your address it'd be a silly risk. The other witnesses of yours might change their minds too between now and some kind of hearing ... if there is one ... which might be ages in the future.

I seem to come across idiots all the time. Reported several and the best I ever got was last time when I was told, 'We'll keep a lookout for him in the area as we have a few cars stationed around there' (I had to force the description of the vehicle and the driver to him in the first place) along with, 'can you report it at your local police station withing 24 hours please? ... and '... need an independant witness'.

This was after a van got ahead of me on the M1 and slammed on his brakes from 70+ to 35 mph ... three times!

I never worked out what I had 'Done wrong'. Still not worth it for me.

rojer@lycos.co.uk
Astra, Renault 18, Renault 25 TXi, Astra Est, Passat Est, Mercedes 190E, Mercedes
Almost side swiped - Advice please. - Morris Ox
Roj, from what I've read in the past few minutes I reckon it might have been a Mercedes dealer demonstrating the effectiveness of the brakes on a Vito to you...;)
Almost side swiped - Advice please. - Rojer
{LOL!} :) Yes, very good.

My brother once ACTUALLY got swiped because he out-accelerated a white Cosworth trying to sneak in front of him at the lights in a left-turn lane. My brother doesn't like losing at chicken so didn't budge his attempts to intimidate.

In short, when reporting it to the cops he was told that they had more important things to do like murders and rapes. EVENTUALLY someone came out into the car park to look at the car and rubbed the mark and said 'There you go ...', and, '.. it's not that immaculate a car you've got anyway is it?'(!). FINALLY they promised to visit the address of the driver of the Cossie.

Next week he popped in and they had no record of his complaint. He said he wanted it investigated and was told that it was more then 24 hours ago(!). He then said, 'I'd like that *"£$£ing* *"£$£ole* copper reprimanded then for not recording and inviestigating an incident that he said was going to be' .. (he's very diplomatic my brother) and they responded with, 'So, what was the policemans name and number then ..'.

And so escaped another road rogue AND a *naughty* copper! ... (I'm more diplomatic)

;)
rojer@lycos.co.uk
Astra, Renault 18, Renault 25 TXi, Astra Est, Passat Est, Mercedes 190E, Mercedes
Almost side swiped - Advice please. - deere3350
Thanks to all who replied.

I've since learned that the police have spoken to the witness and given the other driver a talking to.

Getting a visit from the police at home is punishment enough I think.

Thanks again.

 

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