PLEASE HELP WITH ADVICE - taken to court

BigTrouble_2

Well I spoke to the solicitor. He believes that my case is really weak and my chances of proving anything are slim, considering that all statements give a more or less consistent picture. And the fact that it was a child, near the school, and I was on the right side of the road - they are too heavy against me even if I state that the boy was running, not paying attention himself etc.

He says he has a lot of experience both as a prosecutor in the Magistrates Court and as a defender and says that the magistrates take a very harsh approach to similar offences. That I can be disqualified but if I submit character references stating what a good person I am, and since I have a clean licence, then I may be able to get points instead.

And since our family income is good and we have a lot of savings (house deposit, living in rented) - that I am likely to get the maximum fine as well.

Overall, he says that it is a serious offence considering all circumstances and that he would recommend pleading guilty and trying to reduce the penalty.

vaio

Doesn't seem right to me, is this solicitor a motoring specialist? If not I'd suggest getting an opinion from one who is.

LandyAndy

BigTrouble wrote: »

Well I spoke to the solicitor. He believes that my case is really weak and my chances of proving anything are slim, considering that all statements give a more or less consistent picture. And the fact that it was a child, near the school, and I was on the right side of the road - they are too heavy against me even if I state that the boy was running, not paying attention himself etc.

He says he has a lot of experience both as a prosecutor in the Magistrates Court and as a defender and says that the magistrates take a very harsh approach to similar offences. That I can be disqualified but if I submit character references stating what a good person I am, and since I have a clean licence, then I may be able to get points instead.

And since our family income is good and we have a lot of savings (house deposit, living in rented) - that I am likely to get the maximum fine as well.

Overall, he says that it is a serious offence considering all circumstances and that he would recommend pleading guilty and trying to reduce the penalty.

From a practical point of view I suspect this is the best advice.

Driving without due care and attention is not in itself a particularly serious offence but within that offence your offence is at the serious end because of the personal injury etc.

There are other more serious offences that the CPS could have pursued if they had felt your driving warranted it.

BigTrouble_2

vaio wrote: »

Doesn't seem right to me, is this solicitor a motoring specialist? If not I'd suggest getting an opinion from one who is.

He said that he had acted as a prosecutor on similar cases. We had a long discussion and he sounded as though he knows what he is talking about.

Anyway, I am seeing another solicitor tomorrow to see what he says.

BigTrouble_2

LandyAndy wrote: »

There are other more serious offences that the CPS could have pursued if they had felt your driving warranted it.

Thanks for your post. After studying thoroughly whatever sources I could find on driving offences I thought I was lucky not to be charged with dangerous driving.

vaio

BigTrouble wrote: »

He said that he had acted as a prosecutor on similar cases. We had a long discussion and he sounded as though he knows what he is talking about.

Anyway, I am seeing another solicitor tomorrow to see what he says.

You don't want one who has acted as prosecutor, you want one who specialises in getting drivers acquitted

BigTrouble_2

An update. I spoke to two further solicitots.

1. A firm specialising in motoring offences. Based in Cornwall so all dealings over the phone, but they have a network of local barristers who will attend a court with me should need be. They didn't see the paperwork so don't know the full detailed picture the witnesses wrote although I did say on the phone that the picture was quite grim and gave details.

The propose adjourning the day of hearing, taking my detailed statement, contacting Crown Prosecution Service on my behallf and asking to withdraw the charge based on inconsistencies in witness statements and on my statement. If that fails, they contact CPS again to ask if they will be willing to offer me a Driver Improvement Course instead. If that fails too, they prepare a statement of mitigating circumstances for me and I go to court to plead guilty - or I can choose to plead not guilty still and they will represent me etc.

2. Another local solicitor. The firm specialises in criminal offences so not solely road accidents. He had studied the paperwork. His view and his advice was more or less the same as the first solicitor - that regardless of all circumstances a child was hit so I am very likely to be convicted anyway. That Driver Improvement Course is usually offered so minor offences like speeding, not when personal injury is involved. He cannot represent me in Court personally (already booked for that day) but he will instruct a colleague to act on my behalf.

So that's the outlook.

BigTrouble_2

Would be very grateful for everyone's views!

BigTrouble_2

Now the costs:

1st solicitor (local) - £300 plus VAT for Court representation, £1500 + to plead not-guilty. Didn't meet him personally but sounds knowledgeable and confident (the one who had experience as a Prosecutor).

2nd solicitor (motoring offences law firm in Cornwall) - £500 plus VAT for detailed statement, contacting CPS, further contacting CPS about Driver Improvement Course, preparation of mitigation circumstances if I go to the Court. No court representation included (paid for separately). Their T&C state that if the amount of work included in the fixed fee is exceeded they begin charging at £180 per hour. Their web-site states that

• We win over 95% of the cases that we defend.

• We get over 83% of the cases we defend withdrawn without our clients having to attend court.

3rd Solicitor (local) - £175 plus VAT for Court representation. Cannot represent me personally, will instruct a colleague - so I don't know who that will be.

I think I need to make a decision today - the hearing is on Friday.

Ideas?

jimbms

You have to decide yourself, if you feel that there is any reason you are not guilty and a solicitor can prove this and make a strong case then try it, but be aware magistrates look at offences involving a child near schools very seriously and if found guilty after an innocent plea may very well go for maximum penalty. If you happen to have been driving a chelsea tractor then I am afraid that will go against you. For me I would say plead guilty, but I am bias, I would like to see nobody bar residents or drivers of disabled children allowed to park or drive within half a mile of schools during start and finish times.