Reversed into a car and didn't know

a.turner

matttye wrote: »

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.

Car full of bin bags.

jammiejimmy

matttye wrote: »

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.

- Description of vehicle correct, although their description of me was not!
- weather was apparently overcast but my line of sight was obscured and the vehicle I hit was under my field of view
- yes, it was a car park. One of the witnesses says that there were spaces, the other says it was full
- they say that I drove off with no comment on the speed. I always have the radio on but don’t specifically remember as it was just a normal day. No passenger, the witness comments on that.
- only one witness actually saw me hit the other vehicle, this is the witness that is being called to testify.

I’m not disputing the collision took place, just that I knew about it.

jammiejimmy

Hi All

To provide an update to this case.

The case was adjourned twice and was supposed to go to trial last month but the witness applied to the court for an adjournment because of personal circumstances. The trial was therefore adjourned until 1st October.

However, today I learnt that the CPS has dropped the charges of failing to report and failing to stop. I’ve pleaded guilty to the charge of driving without due car and attention and I’m being sentenced tomorrow.

I guess I have to be happy about that as the two recordable offences have been dropped but I’m left thinking I should have gone not guilty on all three charges as I’m pretty sure that the reason the case has been dropped is because the witness somehow got cold feet and decided that she didn’t want to be questioned in court.

I’m now relying on my barrister to mitigate on my behalf so I don’t lose my licence.

Many thanks to all who contributed to this thread and the help you gave.

SHAFT

jammiejimmy wrote: »

Hi All

To provide an update to this case.

The case was adjourned twice and was supposed to go to trial last month but the witness applied to the court for an adjournment because of personal circumstances. The trial was therefore adjourned until 1st October.

However, today I learnt that the CPS has dropped the charges of failing to report and failing to stop. I’ve pleaded guilty to the charge of driving without due car and attention and I’m being sentenced tomorrow.

I guess I have to be happy about that as the two recordable offences have been dropped but I’m left thinking I should have gone not guilty on all three charges as I’m pretty sure that the reason the case has been dropped is because the witness somehow got cold feet and decided that she didn’t want to be questioned in court.

I’m now relying on my barrister to mitigate on my behalf so I don’t lose my licence.

Many thanks to all who contributed to this thread and the help you gave.

You have a barrister for Magistrates Court?

jammiejimmy

Yes. Paid for by insurance.

Originally I was facing much more serious charges.

SHAFT

jammiejimmy wrote: »

Yes. Paid for by insurance.

Originally I was facing much more serious charges.

But all summary only offences.

jammiejimmy

Apparently not. Failing to stop and failing to report are recordable offences. Failing to stop carries a possible 6 months.

SHAFT

jammiejimmy wrote: »

Apparently not. Failing to stop and failing to report are recordable offences. Failing to stop carries a possible 6 months.

As I said summary only.

jammiejimmy

Fine.... but yes, I have a barrister for magistrates court. I guess my legal expenses insurance is top notch.