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Waiting for a CPS decsion?

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lonedad | 23:11 Sat 12th Apr 2008 | Criminal
9 Answers
Back in september, I had an accident. The police told me that they were investigating me for dangerous driving although the accident was due to a vehicle fault. Unfortunatly, tests came back saying there was no fault but I am adamant that there was. I havent heard anything since december, although the police had told me that the case had been passed to the CPS. Is this usual? Am I to asume that there will be no charges? Its kind of hard to get on with my life at the moment but Im too scared to ring them and find out.
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It can (and often does) take up to six months for the CPS to decide what, if any, charges are brought in motoring matters.
lonedad ....

The cps are so busy these days ...that unless its an open and shut case ..they will normaly drop the case.
However I would seek legal advise at an early stage.
Dangerous driving is a mandatory 12 month ban and then you have to sit an extended driving test to get your license back.
Its a charge well worth fighting.
You should also plead not guilty what ever ...Not saying you are either guilty or not ...
If its been over six months , can they still charge you ?
Sure they cant ....thinks the time limit has expired ?
Seek legal advise ...worth the investment
No the time limit has not expired.

The six month time limit applies to "Summary" offences (i.e. offences which can be dealt with only at the magistrates' court). Dangerous driving is and "either-way "offence.

The advice to plead not guilty regardless is not sound. You should seek legal advice and if advised to do so, should enter a guilty plea. This will considerably reduce your sentence.

I have to add that it is most unusual for a charge of dangerous driving to take so long to be charged - especially one where the facts are straightforward. You should enquire whether you are to be prosecuted or not
Stupid question, but what do you belive was the mechanical fault?
How can pleading Guilty reduce your sentance , when you will get a 12 month ban and extended retest after the ban.
I have read the 12 Month is manatory.
The fine might be reduced, I suppose if you plead guilty.

I figure its ...
Plead Not guilty and be found guilty = 12 Month ban + large fine

Plead guilty = 12 Month ban + slightly smaller fine

Unless of course they could ban you for more than 12 months.
The having to pass the extended test of course will add several months to the ban. Depends how rusty your driving skills are and how many times it takes you pass your test again. This also will cost alot of money.

The 12 month ban should read ...12 months to life ban !
Fine = court fine + cost of passing your test again !

Is this fair ...some of me says NO ...but then again parts of me says YES ...You should be retested on your driving skills
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Hey all, thanks for your answers. I have got a solicitor who has been quiet since the start of the year. Ill ring her tomorrow. Im kind of worried about calling her but if its gonna happen then its gonna happen.
Gouldc - I dont know if you can look at my previous questions but if you can, have a look because there is a full explaination there.
The biggest thing im worrying about is prison. I havent done anything wrong and I could go to prison for it
Question Author
Randyraven - Although I could be facing this but I do actually beleive that any ban should have a retest order attatched. Im also a great beleiver in 5 yearly refreshers

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