PLEASE HELP WITH ADVICE - taken to court

BigTrouble_2

TonyMMM wrote: »

The problem is that there is actually no such thing as a proper definition of a "Criminal Record" .... it is true that driving offences can be dealt with in a Criminal Court under criminal law (as yours is) ....but the Criminal Records Bureau use the definiton of "a record of convictions held on the Police National Computer for individuals convicted of crimes."

Your driving offence of "Without Due Care" is not one that is recordable on the PNC.

Thanks!

The Summons letter says that my offence will be dealt with in the Magistrates Court and under the Road Traffic Act and Road Traffic Offenders Schedule. Are these a Criminal Court and criminal law?

Sam-Barr

Robert2009 wrote: »

I was once waiting at a a pedestrian crossing when I felt and heard an almighty thump. A small child had ran into the side of my car, he even made a dent.

His mother started screaming and shouting at me that I had ran into her brat.

She phoned the police and I was carted off to the police station, breathalysed and warned that I could be charged with driving under the influence and careless driving.

No one even listened to me that I was stopped and he ran into me.

The breathalyser was negative, I don't drink and I then mentioned that there was a CCTV monitoring the crossing.

We will check it but according to the witness you drove into the brat.

4 weeks later I received a phone call saying that we will not be proceeding with any charges against you and the matter is closed.

4 weeks of Hell because of a lying brat and his mother.

Fight it

Rob

Please please fight this BigTrouble.
The same scenario as quoted above happened to my uncle about 6 years ago.
The little girl was actually changing her story left right and centre according to the gospel of the parents who clearly wanted to milk every penny of compo they could.
Got it sorted in the end but seemed to take a lifetime and a heck of a lot of fight.
Makes me insane with rage that there are people like that out there.

sub_virk

How far was the boy from your car before he stepped into the road? How fast was you going? You should be able to calculate if you had any chance in stopping using the laws of physics.

DUTR

If you beleive you are not guilty then you go to court to defend yourself, it will be the insurance that is paying out, so they should be acting in your defence , it is too late now, but one of those in car cameras would have provided some much needed evidence. Good luck with the case.

BigTrouble_2

DUTR wrote: »

If you beleive you are not guilty then you go to court to defend yourself, it will be the insurance that is paying out, so they should be acting in your defence , it is too late now, but one of those in car cameras would have provided some much needed evidence. Good luck with the case.

Thank you for your support. What is a car camera?

BigTrouble_2

sub_virk wrote: »

How far was the boy from your car before he stepped into the road? How fast was you going? You should be able to calculate if you had any chance in stopping using the laws of physics.

It happened very fast but he was very close - no more than 2 metres. He ran so I couldn't avoid him and nor could he stop.

Strider590

With all the bloody 4x4's parked around schools, im surprised more children don't get hit, injured or even killed..... You can't see through or around the damn things! at least with a lower car you can see them before they jump out into the road!

BigTrouble_2

Many thanks for everyone for their support. I really, really appreciate it at this crazy time.

I contacted my insurer and faxed them all documents. I'll wait to hear from them. They too said that a compensation claim is possible.

I am also wating to hear from the solicitor today.

If I was overtaking a slowly moving traffic is that an offence provided that the road ahead was clear? The witnesses state that I was on the wrong side of the road and that's why it all happened. I know I wasn't trying to overtake but if that's the impression they all got then do you think it is the main ground for prosecution?

I cannot wait to speak to the solicitor.

LandyAndy

Take a deep breath.

This isn't a serious offence, even if you are convicted.

No one was seriously hurt.

Be guided by your solicitor.

You don't come across as a nutter here and so you won't in court.

Mags are reasonably good at telling decent people from fools from knaves.

Chin up. Good luck.

hethmar

Take some photos of the road at the same time as the accident happened to show what its like. It should be obvious no one could overtake and that the slow moving cars had to be on one side of the road to get by all the parked ones.

Also, ask to see all the statements - including your own - made at the time.