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Help please - false accident allegation
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I said above, the advice was free. Doesn't mitigate a charge of driving without due care; the burden of proof is on the prosecution to prove you knew an accident took place for the hit and run element. LightFlare / Car54 given your comments, could you share your legal expertise on this to help others?LightFlare said:
I hope you didn’t pay for that advicelia254 said:
As mentioned they cannot charge an individual without evidence in support of that charge - i.e. a credible witness or photographic / video evidence showing a driver causing minor damage to a vehicle, getting out, assessing said damage but then choosing to drive off anyway. Or a vehicle causing major damage to another third party where the excuse of 'I didn't know it happened' won't suffice. You need to have a conscious awareness of an accident even happening to be charged with failure to stop and failure to report. Of course, just reiterating what an experienced motoring defence solicitor told me, to help and reassure others who have been falsely accused.Car_54 said:
Of course they can charge you - it would be up to the court to decide whether the charge was proven.lia254 said:
- scenario where damage caused inadvertently - if you genuinely did not know, and the damage was minor, AND there is concrete evidence as opposed to hearsay, they cannot charge with failure to stop / report but CAN charge with careless driving.
As far as criminal charges go, police dropped them. Lack of evidence, because there wasn't any, because there was no collision. Thanks to all for the helpful comments which hopefully support others being falsely accused in the future and end up with a scary letter from the police.2
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