PLEASE HELP WITH ADVICE - taken to court

BigTrouble_2

To cut the long story short, I hit a child aged 12 while driving near a school. Thankfully he was not seriously injured (a few scratches and bruises). Today I received the court summons stating as offence "driving without due care and attention".

Enclosed were 5 witness statement and the boy's statement. The overall picture is not in my favour but it is not entirely true. The problem is that I am not sure that I can contest it. I know for a fact that he is lying in his statement (or forgot due to the shock) in a few crucial details - but to my horror two of the witnesses say the same. And it is my word against theirs.

There are many more details to the accident of course.

The option for me is to plead guilty by post, guilty in court or not guilty - with he subsequent trial hearing, actual hearing etc.

My question is - what do I do now? Where do I find the solicitor and how much will it cost to advice/represent me in court? Do I even have a chance to defend myself based that witnesses have created a really unfavourable picture? What kind of penalty am I likely to be facing? A criminal record? Can I go to jail? If I plead guilty by post does it help to reduce the penalty?

I don't have any previous convictions whatsoever, not even a parking ticket once, am a mother of 2 children. I am scared to death and would be really grateful for any knowledgeable advice.

BigTrouble_2

Wanted to add: please do not condemn me - I have done it already so many times, I am very sorry for the biy and his family. I just have to weigh up whether I have any chance in court or should I just give up and accept the guilt.

flower7

Does your insurance have legal cover for this? I would check that first.

You must have seen him to stop as you say he wasn't very badly hurt. Maybe a few more details might help. So one of the more knowledgable MSers can help.

Were you guilty if so plead gulity if you weren't then fight it.

sorry I couldn't have been more help.

GEEGEE8

Oh dear, sounds like a nightmare..

It's a difficult one because of the witness statements, I hope someone with some knowledge can help you.

What about the free 1/2 hour solicitor? They might be able to advise you.

minimoneysaver

Many insurance policies have legal cover included. Hopefully yours does. If not, you may be able to get it on your house insurance or if you are with a union, you may be covered with that. Worth checking all possibilities. Good luck with your case.

LandyAndy

BigTrouble wrote: »

My question is - what do I do now? Where do I find the solicitor and how much will it cost to advice/represent me in court? Do I even have a chance to defend myself based that witnesses have created a really unfavourable picture? What kind of penalty am I likely to be facing? A criminal record? Can I go to jail? If I plead guilty by post does it help to reduce the penalty?

I don't have any previous convictions whatsoever, not even a parking ticket once, am a mother of 2 children. I am scared to death and would be really grateful for any knowledgeable advice.

If you plead guilty the sentence may be reduced.

You will certainly get a fine and some points. That will be a criminal record. You won't go to jail:rotfl:. I'm surprised that you can plead guilty by post (the fact that you can tells you that jail isn't likely - would they jail you by post;)).

You can't dispute the witness statements directly without pleading not guilty. Presumably you gave a statement at the time that the court can consider.

Find a local solicitor who does Magistrate's court criminal work and take advice. A properly prepared plea in mitigation could well make this worthwhile.

You will need to tell your insurers.

BigTrouble_2

flower7 wrote: »

Does your insurance have legal cover for this? I would check that first.

You must have seen him to stop as you say he wasn't very badly hurt. Maybe a few more details might help. So one of the more knowledgable MSers can help.

Were you guilty if so plead gulity if you weren't then fight it.

sorry I couldn't have been more help.

My insurance doesn't have legal cover.

I did see him very well and I wasn't at all expecting him to come running in from of my moving car. I swerved sharply to minimise the collision and pushed the brake but I still hit him - he was too close.

He claims that he was walking (not running) after having checked that there was no traffic both sides. He also claims that he ran from the different side of the road (and for some reason, two witnesses say that too). My statement says otherwise.

My car hit him, yes, but he ran out across my way not leaving me much room to avoid collision - am I guilty or not?

LandyAndy

BigTrouble wrote: »

My insurance doesn't have legal cover.

I did see him very well and I wasn't at all expecting him to come running in from of my moving car. I swerved sharply to minimise the collision and pushed the brake but I still hit him - he was too close.

He claims that he was walking (not running) after having checked that there was no traffic both sides. He also claims that he ran from the different side of the road (and for some reason, two witnesses say that too). My statement says otherwise.

My car hit him, yes, but he ran out across my way not leaving me much room to avoid collision - am I guilty or not?

:rotfl:Only the Mags can give you a definitive answer on that one I'm afraid and then it'll be too late.

A brief will give you an opinion. You will have to decide whether you fight it or not.

BigTrouble_2

LandyAndy wrote: »

You will certainly get a fine and some points. That will be a criminal record. You won't go to jail:rotfl:. I'm surprised that you can plead guilty by post (the fact that you can tells you that jail isn't likely - would they jail you by post;)).

Is that a criminal record that stays on my file forever? The kind that I have to state in all job applications, visa applications, CRB checks etc?

BigTrouble_2

LandyAndy wrote: »

:rotfl:Only the Mags can give you a definitive answer on that one I'm afraid.

A brief will give you an opinion. You will have to decide whether you fight it or not.

Thanks. All witnesses are against me. So it is my words against theirs. It is a child that suffered in a car accident - should I even bother defending my case?

By 'brief' you mean...?

BigTrouble_2

GEEGEE8 wrote: »

Oh dear, sounds like a nightmare..

It's a difficult one because of the witness statements, I hope someone with some knowledge can help you.

What about the free 1/2 hour solicitor? They might be able to advise you.

Thanks, I have been to the solicitors', left the paperwork, the person that deals with road traffic offences will call me back.