AN1 application questioned under section 3.8

Hi ,

One of my friend's AN1 application is in process and he received a letter asking why did not he mentioned a crime for which he has not be tried yet.
Case is like this. Some time in June 2008 he was stopped (near home) for breath test. It seems machine was not working so he(my friend ) was taken to police station for his breath test. Breath test came clean and file was closed with NFA (no further action require ). My friend was let go free.
So when filling the form he did nto mentioned it in AN1 section 3.8 . Now he has got a letter ask why did not he mention that. Letter from UKBA says "why did he not mention as he is YET to be tried for the matter".
My questions are

- Is it straight forward he send police report and say he did not mention in form(section 3. as he was neither charged nor waiting for anything from the authority but file was closed with NFA.
- Or he should contact any solicitor ?

Please reply

Thanks
Rajesh

Perhaps there is something else pending?
Otherwise, do as you say here

he send police report and say he did not mention in form(section 3. as he was neither charged nor waiting for anything from the authority but file was closed with NFA

no thing is pending . I saw his alcohol breath test result and it is around 20-22 (limit is 35)..He talked to police and Crown prosecution service and they assured nothing is pending.