PLEASE HELP WITH ADVICE - taken to court

LandyAndy

BigTrouble wrote: »

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...?

Sorry, solicitor.

LandyAndy

BigTrouble wrote: »

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?

Such an offence will become 'spent' under the rehabilitation of Offenders Act. See this link

http://www.yourrights.org.uk/yourrights/privacy/spent-convictions-and-the-rehabilitation-of-offenders/how-a-conviction-becomes-spent.html

for details of when.

After that it would only show up on Enhanced CRB checks and I doubt it would concern an employer.

mark5

There was a program on TV a few weeks ago showing how ppl give witness statements believing them to be genuine while totally wrong.

hethmar

If the boy says he looked both ways then he would have seen your car wouldnt he. And by the minor injuries obviously your car was going at a very slow speed, so didnt suddenly appear out of the blue.

I would certainly make those points if it were me. The other witnesses - his friends I take it? The boy I suppose was crossing to get to them at the time? Thats probably why they are saying he was already with them.

laurz121

I'm no expert so probably couldn't help anyway but the information you have given isn't enough at all for anyone to give you an opinion on whether you are guilty, whether you should appeal or what you are likely to get if found guilty.

what speed were you travelling at?
was you using a mobile phone or anything like that at the time?
you say it was near a school. How near? Directly outside or just a few streets from one? Was it during school hours?
How busy was the area? Both with cars and with pedestrians.
You say you saw the boy but still hit him, how early/late did you see him?
How close was your vehicle when he stepped into the road?
You say that the witnesses say he came from one side of the road and you say he came from another. Which side do you think he came from?
What explanation has the victim and/or witnesses given for him walking into the path of a moving vehicle? Walking straight into the path of a car isn't normal behaviour.
Have the witnesses claimed you were speeding?

Sorry for all the questions but I think that you answering them will help people build up a better picture and will help them to help you

Rolandtheroadie

Something doesnt seem right here. Is there not something in the paperwork that tells you the maximum penalties? (e.g. 3 points, £1000 fine, 3 months imprisonment).
What court is it? In Scotland we have the district court, then the sheriff court then high court.
Is it possible they're trying to chase you for compensation?
If you've no legal cover anywhere, call a local solicitor that offers a free 1st consultation.

skintdragon

I am sorry if I come across as sounding a bit naive, but why are drivers always assumed at fault when there are pedestrians/ other road users who are also are not infallible? I am not having a dig at anyone, it's just a thought that came to my head whilst reading this thread!

It's so furstrating; I hope you get through this ok, OP.

BigTrouble_2

hethmar wrote: »

If the boy says he looked both ways then he would have seen your car wouldnt he. And by the minor injuries obviously your car was going at a very slow speed, so didnt suddenly appear out of the blue.

I would certainly make those points if it were me. The other witnesses - his friends I take it? The boy I suppose was crossing to get to them at the time? Thats probably why they are saying he was already with them.

I was going at 15-20 mph. One of witness statements say it was probably 10-20 mph. I did all I could to avoid the hit hence minor injuries.

BigTrouble_2

skintdragon wrote: »

I am sorry if I come across as sounding a bit naive, but why are drivers always assumed at fault when there are pedestrians/ other road users who are also are not infallible? I am not having a dig at anyone, it's just a thought that came to my head whilst reading this thread!

It's so furstrating; I hope you get through this ok, OP.

Thanks for your support - do you want to be my lawyer? That's just what I want the court to hear.

Seriously though I agree with you. I just don't know if I stand any chance because a) it's a child b) I am a grown-up in moving vehicle c) near the school d) witness statements are against me.

LandyAndy

If you are convicted of driving without due care and attention then you face 3 to 9 penalty points on your licence. You will also face the possibility of a fine and Court Costs. The penalty points of driving without due care and attention are 3 to 9. If it is a very serious allegation then the Magistrates can impose a discretionary disqualification under Section 34 of the Road Traffic Offenders Act 1988 for whatever period the Court feels is appropriate.

from this site which explains the offence.

http://www.driverdefenceservice.co.uk/Driving-without-due-care-and-attention.php

Confirms that you cannot be jailed - hence the guilty by post option.