PLEASE HELP WITH ADVICE - taken to court

spaceman5

two of these witness statememnts would not be from his mates that he was stood with at the side of the road would they;), if you are not guilty dont plead guilty, if you could prove which direction they came from it would help, and it cant be that difficult, as somebody else says was he going or coming away from the school, where did you hit him, which part of the car did you hit him with, all this should point to which direction he was travelling etc, i.e you hit him on the left hand side would suggest he was travelling from right to left if you see what i mean, if you are as certain as you seem to be get a decent solicitor and fight it, a good solicitor and decent judge will soon see through these charlatans:)

BigTrouble_2

flower7 wrote: »

Taken from legal website

"The Magistrates will also wish to consider whether there were any aggravating factors. They will consider whether there was serious injury to others persons, use of a mobile phone or satellite navigation system, other wilful distractions such as map reading or a high degree of carelessness, the speed driven will also be considered."

it sounds like you weren't doing anything wrong you weren't speeding etc and the child wasn't badly injured. It looks like you have a good case.

When did this happen because a summons must be issued within 6 months of the date of the alleged offence.

Thanks. I wasn't using a mobile nor a GPS.

It happened in January.

BigTrouble_2

spaceman5 wrote: »

two of these witness statememnts would not be from his mates that he was stood with at the side of the road would they;), if you are not guilty dont plead guilty, if you could prove which direction they came from it would help, and it cant be that difficult, as somebody else says was he going or coming away from the school, where did you hit him, which part of the car did you hit him with, all this should point to which direction he was travelling etc, i.e you hit him on the left hand side would suggest he was travelling from right to left if you see what i mean, if you are as certain as you seem to be get a decent solicitor and fight it, a good solicitor and decent judge will soon see through these charlatans:)

The boy was not from this school. So in theory he could be crossing from either side.

I remember him running from the left - and that's what I said in my statement to the police which was taken there and then. So I swerved to the right to avoid him. And even if I could doubt my memory now, still back then I was in such a state of shock that no way could I make up something at the scene.

He was running from the left, he got hit against the left headlight of my car. Is there any way that he could be hit against the left headlight if he was running from the right? I really don't know why witnesses say that - maybe because I ended up on the right side of the road and they just assumed?

spaceman5

BigTrouble wrote: »

The boy was not from this school. So in theory he could be crossing from either side.

I remember him running from the left - and that's what I said in my statement to the police which was taken there and then. So I swerved to the right to avoid him. And even if I could doubt my memory now, still back then I was in such a state of shock that no way could I make up something at the scene.

He was running from the left, he got hit against the left headlight of my car. Is there any way that he could be hit against the left headlight if he was running from the right? I really don't know why witnesses say that - maybe because I ended up on the right side of the road and they just assumed?

so you hit him on his right side then, i take it, and by the fact that you ended up on the right side of the road, would indicate you swerved right, in which case that would suggest that you had seen the boy run from the left, either that or you swerved towards him:eek:

Soubrette

BigTrouble wrote: »

The boy was not from this school. So in theory he could be crossing from either side.

I remember him running from the left - and that's what I said in my statement to the police which was taken there and then. So I swerved to the right to avoid him. And even if I could doubt my memory now, still back then I was in such a state of shock that no way could I make up something at the scene.

He was running from the left, he got hit against the left headlight of my car. Is there any way that he could be hit against the left headlight if he was running from the right? I really don't know why witnesses say that - maybe because I ended up on the right side of the road and they just assumed?

Was your headlight damaged at all? You're really looking for any evidence that he came out from the left.

Sou

BigTrouble_2

spaceman5 wrote: »

so you hit him on his right side then, i take it

That I honestly don't remember. Should this be in the hospital records?

flower7

Shame they are in the time limit but I think you really should fight this. It sounds like you did everything you were supposed to do as a driver.

your defence lawyer should be able to get access to hospital records to help you.

BigTrouble_2

Soubrette wrote: »

Was your headlight damaged at all? You're really looking for any evidence that he came out from the left.

Sou

I see what you mean. The headlight wasn't damaged but there were people who came rushing to help him to his feet so they saw what side of the car he was at. I don't know who they are. Could be school parents.

Going to the school and asking to help me?

Apples2

I have nothing constructive to add other than to say good luck OP. It sounds like this has caused a great deal of stress and anxiety.

Terrible as it is, these accident do, and will continue to happen.

It comes across as a genuine accident, a split second or two either way and this may have been completely avoided.

Good luck to you.

spaceman5

BigTrouble wrote: »

That I honestly don't remember. Should this be in the hospital records?

i would have thought if this goes to court, they would have to show what injuries the boy sustained