Reversed into a car and didn't know

jammiejimmy

TooManyPoints wrote: »

This matter could not be more straightforward for the OP. He contends that he was not aware of the collision. He has to convince the court of that on the balance of probabilities. He has the witness statements and if they suggest anything that indicates he may have been aware of the collision (e.g if they say he stopped and got out of his car or poked his head out of the window) he should consider his position carefully.

Nothing like that in the witness statements.

I'm not guilty and I'm pleading not guilty. I think I've said that enough times now.

(I'm not being arsey with you- just making a point).

TooManyPoints wrote: »

If not it is simply a matter of his credibility on the day. It's his choice and I think he has all the information he needs to make that choice.

Indeed I do.

Sincere thanks to those posters who have genuinely tried to help, but I won't be posting again until I've made progress with this case.

a.turner

jammiejimmy wrote: »

Nothing like that in the witness statements.

I'm not guilty and I'm pleading not guilty. I think I've said that enough times now.

(I'm not being arsey with you- just making a point).



Indeed I do.

Sincere thanks to those posters who have genuinely tried to help, but I won't be posting again until I've made progress with this case.

Are your insurance providing legal cover?

Arklight

Were there ever any witness statements or CCTV of this happening?

a.turner

Arklight wrote: »

Were there ever any witness statements or CCTV of this happening?

There are two witnesses.

DoaM

Arklight wrote: »

Were there ever any witness statements or CCTV of this happening?

Did you even bother reading the OP?

jammiejimmy

a.turner wrote: »

Are your insurance providing legal cover?

Quoted from my policy-

"Motor Prosecution Defence
What is Covered?
Defending a prosecution brought against You as a result of a driving offence punishable by
penalty endorsement or where Your driving licence is at risk of being revoked or suspended."

Looks promising. I've sent all the detail off today.

Knowing my luck they'll find some loophole.

a.turner

Arklight wrote: »

Were there ever any witness statements or CCTV of this happening?

jammiejimmy wrote: »

Quoted from my policy-

"Motor Prosecution Defence
What is Covered?
Defending a prosecution brought against You as a result of a driving offence punishable by
penalty endorsement or where Your driving licence is at risk of being revoked or suspended."

Looks promising. I've sent all the detail off today.

Knowing my luck they'll find some loophole.

Your problem maybe accepting their advice given you're determined to plead not guilty.

Mercdriver

All that (less than) JammieJimmy can do is tell the truth. If the lawyers think he is credible, then I can't see them opposing a NG for the first two.

OP follow their advice for the third charge as much as possible.

jammiejimmy

Just a quick update.

I do have legal expenses insurance and the costs of my defence are being met by the insurance. The solicitor has supported my view that I should plead not guilty. The trial date has been set for three months time.

matttye

Few things.

Fail to stop/report is a recordable offence - it is an imprisonable offence.

Because it is an imprisonable offence, you would be entitled to assistance from the duty solicitor at the first hearing but not the trial. If you pleaded not guilty online or by post then the first hearing may be the trial in which case you will have to represent yourself or instruct your own solicitor.

There are a few things the prosecution has to prove.

The prosecution has to prove that damage or personal injury was caused.

They then have to prove it was caused by you.

If they don’t prove these two things, no duty to stop or report arises.

If they do, it then falls to you to prove that you were unaware of the incident. Depending on how credible the witnesses are and what they say they saw, this may be quite difficult. If they say for example that there was a loud smashing noise and the cars banged together, it would be difficult to believe you wouldn’t be aware of it.

Things to think about:

- Did the two witnesses note your whole number plate? I have seen it in the past where two partial notes have been used to make a whole - but that doesn’t necessarily mean the two partial notes are correct!

- Description of vehicle correct?

- Lines of visibility, where were they, time of day, weather, etc.

- Any other vehicles around?

- Do they say you drove off at speed or calmly?

- Were you playing music, had a passenger or any reason why you might not have noticed the collision? Do the witnesses comment on that?

Good luck.