general procedural advice please

corktina

I dont want advice on the case I have hanging over my son, just opinions on what the procedure should have been.

My son was stopped by a gard who accused him of doing handbrake turns (which my son denies). His particulars were taken but he wasnt cautioned or given a ticket and 6 months after he got a Summons for Dangerous Driving.

Should he have been cautioned in some way or informed he was being reported for dangerous driving?

Also, his name was spelt wrong on the summons and his address incorrect despite the gard copying them off his driving license. Could this affect things?

we have a Solicitor engaged of course but I would like to know just what the official procedure should be in cases like this.

I hope this doesnt constitute "legal advice" if its a problem mods, please delete.

Reloc8

As you have quite properly got a solicitor retained you should listen to whatever advice that person gives you and raise these issues with them.

corktina

I already have but cant afford to employ a second one to check that the opinion of the first one is accurate....its too important for my Sons future to not explore every avenue.

corktina

Is there no one can help me?

Trojan911

corktina wrote: »

Is there no one can help me?

Your solicitor will be able to answer this, however, have a trawl through here, it might throw some light on the matter.

In the UK one is informed by means of an NIP (Notice of Intended Prosecution) within two weeks and one is cautioned at the scene, but that's the UK, might be different here.

corktina

Trojan911 wrote: »

Your solicitor will be able to answer this, however, have a trawl through here, it might throw some light on the matter.

In the UK one is informed by means of an NIP (Notice of Intended Prosecution) within two weeks and one is cautioned at the scene, but that's the UK, might be different here.

thansk thats very helpful...dont how I missed that on the Net!

Reloc8

corktina wrote: »

Is there no one can help me?

Your question seems to be firstly whether your son should have gotten notification of some intention to prosecute him before being prosecuted. The answer is no.

As regards the fact that his name is mispelled and address is incorrect - this is not significant, subject to there being a particular relevance in some cases - e.g. mistaken identity.

As far as I can understand it you have a solicitor acting but want to make sure he or she is advising competently. There is absolutely no way to assess this without knowing the full extent of what is alleged against your son and his response (that's not an invitation to provide those details here its to highlight that you are in reality seeking legal advice and that can't be safely or properly provided via this forum).

corktina

thank you, thats exactly what i wanted to check and what the previous post also confirmed.

Your help is appreciated...i've been watching too many third rate TV dramas (as i suspected):rolleyes:

Maximilian

Looking for advice on the procedure is the same as looking for legal advice.

Talk to your solicitor.

thread closed.