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Legal advice required please

My brother-in-law had an accident last week whilst driving his 7.5 tonne wagon.

He was driving at about 30mph down a road behind a transit when, with no warning, the transit throw a left turn.

Very soon after the left turn, there was a crossing and there were a few people looking to cross. My brother-in-law concentrated on the people wanting to cross and went into a Fiesta at about 27mph. As the passenger of the car was elderly, an ambulance was called. I understand they may have suffered shock but as they were on the large side, they needed assistance to get out of the car.

If anyone has been involved in an accident, you will know things happen very quickly so the above happened in a few seconds. There's no doubt my relative was in the wrong.

Shortly after the accident, traffic police and Accident Police arrived. The Accident Police told my brother-in-law he would be done for careless driving / driving without due care an attention = 6 points. However, my relative has heard sometimes 2-day driver awareness courses are dished out instead of points.

I would appreciate some advice on how long it would take the police to notify my brother-in-law if he is to be 'done' and awarded points / fine.
I understand a speeding ticket has to be despatched within 14 days otherwise it is void.

We have several law enforcement officers on the forums and would also appreciate their feedback, along with everyone else.

Thank you

Re: Legal advice required please

Ok. What you describe is, without doubt, a due care offence. He will have either been interviewed at the scene under caution or will be invited to an interview at a later date. The time limit is six months for the summons to be issued from the date of the collision.

The course you are thinking of is the Driver Improvement Scheme. It is offered to drivers who accept that they committed a due care offence where the injuries are not serious. It is an alternative to court proceedings and costs about £120 I think.

He will be told which alternative is being considered at the interview.

If he completes the course, no further action is taken, ie, no points or fine. If he agrees to attend the course and fails to do so, summons will be issued and the matter taken to court.

So in essence, he should know already, or will find out when interviewed.

Hope this helps,
Pete

Re: Legal advice required please

Thanks Pete :)

He was not interviewed under caution. He thought he'd receive a letter within 7 working days advising him what action, if any, was to be taken.

This may effect his present job, changing jobs and definitely his insurance on his car and Gixer 1000.

6 months is a long time to let someone wait.

Re: Legal advice required please

Get him to call the Cop who attended and ask if he has a date for an interview in the near future. If he makes the effort to come forward and "hold his hands up" he has a very good chance of putting the Cop on his side and offering the DIS if he is wavering. Bear in mind, the Cop will have to have taken statements from the Fiesta driver and passenger and any other witnesses that came forward before he can interview your bro-in-law.

Pete

Re: Legal advice required please