PLEASE HELP WITH ADVICE - taken to court

Happychappy

The facts are pretty simple and what the CPS has to prove is did your driving fall below that of a reasonable and competent driver? You were in the area of a school at turning out time and in the act of overtaking another moving vehicle, therefore totally on the opposite side of the road and unable to stop in the distance you could see to be clear. The child didn't appear from behind a cloaking shield, it was there in plain view and ran into the road.

You unfortunately were not where you should have been as you were overtaking another car, and clearly couldn't stop, therefore you were not traveling at a speed appropriate to the circumstances?

Witnesses do not have the same brain fade you have by being forgetful of important issues, like exactly where you were and your speed, and unlike the majority of Joe Public, people have actually felt strongly enough to make witness statements, which most people in the "Not my problem world" don't do, and this is nothing to do with police evidence, just evidence of your peers and therefore taken more strongly.

You were interviewed and have access to your interview to see exactly what you said, so the brain fade is a bit of a mystery ?

There is and always will be minor discrepancies between witness accounts, which is always picked up by the defence, but are given as much credit as they deserve by the bench who are guided by the court clerk, but the acid test is did your driving fall below the standard of a reasonable and competent driver ? if the witnesses are saying they would not have travelled at the speed you did, or wouldn't have carried out the manoeuvre you did, then clearly you have a problem, and it really doesn't matter which solicitor acts for you, that is the test the bench will apply.

Solicitors who turn up on the day to defend someone they don't know or have had access to or read the file on the day in my 32 years of police experience do a crap job, and are often an embarrassment to the client, so before wasting more money, have a good hard look in the mirror, find some memory tablets, and if you feel you could have done better, then plead guilty and let the court know now before having all the witnesses turn up on the day and then you cough to it, as this doesn't go down well with the bench inconveniencing other witnesses and setting time aside for a trial.

If however, you feel your driving was all that of a reasonable and competent driver then plead not guilty and have your day in court, but for goodness sake, take your memory with you.

king100

So court case friday, what happened?

king100

Do they have internet access in jail?

jimbms

king100 wrote: »

Do they have internet access in jail?

Seems not :rotfl:

king100

Still no news, any ideas?

jimbms

She may send a VO to the forum

LandyAndy

Big Trouble: Last activity 19/05/10 8.12pm.

But their only posts are on this thread. An AE for regular poster?

Would still be nice to hear the outcome, though.

BigTrouble_2

king100 wrote: »

Do they have internet access in jail?

jimbms wrote: »

Seems not :rotfl:

Please do not joke like this - you are probably finding it amusing but it is so not funny for me.

BigTrouble_2

LandyAndy wrote: »

Big Trouble: Last activity 19/05/10 8.12pm.

But their only posts are on this thread. An AE for regular poster?

Would still be nice to hear the outcome, though.

Thanks for thinking about me guys.

I have hired a lawyer who has taken my statement and is negotiating with the CPS. The hearing was rescheduled.

I will let you know as soon as I have more news.

king100

I dont find it funny at all. It was a honest question. As I could see you arriving at court and the CPS trumpting up the charges to something else and you sitting in a jail because of another eye witness statement etc etc.

Had been waiting for outcome as you said Friday. Thought things had gone pete tong with it.

Glad to hear you at not locked up and glad to hear you seem to have things in hand.