PLEASE HELP WITH ADVICE - taken to court

BigTrouble_2

king100 wrote: »

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.

Is that really possible? The prosecution upping the charge on the day of the trial?????

king100

If new information came to light I guess they could.

BigTrouble_2

king100 wrote: »

If new information came to light I guess they could.

Wouldn't they have to let me know that before the trial?

BigTrouble_2

I felt a bit calmer over the weekend and now I am terrified again...

king100

Look dont worry, by the sounds if it you are having you day in court unless you reach an agreement.

It also depends on the CPS if they think they have enough evidence to convict you on or they are still looking for more witnesses.

Im not a sol, so I could be totally wrong.

zzzLazyDaisy

Please don't panic.

There is a higher prospect of being found guilty in a case like this because it was outside a school at leaving time when lots of children are around, and so drivers are expected to anticipate what the children might do.

But you have done the right thing instructing a solicitor as they can speak directly to the CPS on your behalf. If it is a local solicitor they should have personal knowledge of the local magistrates courts and should have a feel for how the magistrates are likely to deal with this case if it goes to court. So they will be able to advise you on how best to proceed, given the circumstances.

In the end it may cost you money, and you may get points on your licence, but you will not go to jail (I agree those remarks were insensitive) and most importantly no-one was was seriously injured.

Good luck!

Daisy

Happychappy

Bigtrouble, the CPS will not up the charge etc, it is just a due care, and hopefully your solicitor will bring it to a swift conclusion.

kwaks

Bigtrouble, late to this thread but got to say don't worry.

King100, since when could the CPS increase a charge on the day of the trial, you have alarmed someone who is obviously already worrying, have the decency to offer a proper apology for your jail "joke" and stop worrying her more as you try to dig your way out of it.

Back to OP. Lets lay out the facts, the case is being driven by the CPS, not by the parents of the child. The CPS have gone down this route as 99% of the time it is an easy conviction as drivers say sod it, 3 pts and £60 fine is easier than taking a day off work for court.

Now they have been called on their bluff. Their hope now is that you baulk at the costs of defending yourself and cave. However, if you have a shred of morality then you will fight as long as you can. You know you did nothing wrong, you broke no laws, therefore a conviction would be unjust.

By the way, there is no law which states you cannot drive on the right hand side of the road, so don't worry about that. If the witness in the car WAS moving and you were "overtaking" her then she is guilty of careless driving as she has not done her observations (and why did she not hit the child whose has according to her statement now run out in front of 2 moving vehicles).

I was once offered a COFP for careless driving after a single vehicle accident. I fought it all the way. On the day of the court date the Sherrif asked who was representing me, no one I said. He appointed me a lawyer and gave me time to discuss. By the end of it I had not said a word, the Sheriff ripped into the PF for bringing it to court and all I had to do was give my lawyer a lift home

king100

kwaks wrote: »

King100, since when could the CPS increase a charge on the day of the trial, you have alarmed someone who is obviously already worrying, have the decency to offer a proper apology for your jail "joke" and stop worrying her more as you try to dig your way out of it.

Since when new evidence comes to light. If another witness comes out of the woodwork and his/her account sheds new llight on the matter. Your telling me that there have never been a any cases where the defendant has been charged with one offence only later to be charged with more when new evidence comes to light.

As of an aoplogy I asked the question honestly it wasent a joke. As my post states, I cannot answer for the reply as that wasent me. I am not trying to get the OP alarmed as you may think so get off your high moral horse.

kwaks

You cannot walk into a court room charged with careless and be convicted of something more serious!!

Someone watching too much TV:rotfl: