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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Ran into the back of a car who shunted someone else. I was

Customer Question

Ran into the back of a car who shunted someone else.
I was using an app with chat on it at the time on mobile device.(embarrassing chat and site)
Police let me go at time without question but will have to go to police station for questioning.
will I then have to admit phone use?
Will the police then get a copy of my phone use and data?
What is the punishment for this and can I stay out of going to court?
I need licence for work and seeing my daughter who live 80 miles away.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do they know you were using the phone please?
Customer: replied 3 years ago.
YesWhat is the punishment for this?Will I Goto prison?I have a baby on the way and a four year old.Lost of job would be awful right now.Will they go into my messages or can I just plea guilty.I really don't want to Goto court.I was diagnosed with stress and had an anxiety attack a week before this. I'm currently really messed up because of this situation now,
Expert:  Jo C. replied 3 years ago.
Sorry for the delay overnight

Was anybody injured please? If so, how badly?
Customer: replied 3 years ago.
Ambulance attended but far as I'm aware nobody went off in it. Just be case of whiplash/ back ace I think
Expert:  Jo C. replied 3 years ago.

They will charge you with either using a mobile phone whilst driving which carries 3 points and a fine or careless driving which carries 3-9 points and a potential ban and a fine.

Realistically its going to lead to 3 points and a fine.

It might all collapse into an insurance claim anyway.

There's no prospect of prison. Careless driving doesn't carry custody.

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your help.


will they look into the phone use? who I was texting etc? and any other use on the journey?


A solicitor did tell me I could be done for dangerous driving. which is more serious.


Is this from your experience,


Expert:  Jo C. replied 3 years ago.
They could do that but if you admit that you were using a phone there isn't all that much point. You can never really tell with the police because they will pursue blind alleys sometimes.

If this is a rear end shunt then they are not going to charge you with dangerous driving unless there is more to this than you are presenting above. They might well arrest you for that offence though but the lesser charger is likely
Customer: replied 3 years ago.

I'm not sure what you mean by more to this.

I went into the back of another car at approx. 30mph due to distraction from what I was doing on my phone. (you've worried me now)


All I have left to ask is whether I would have to attend court if I just plea guilty, as I really don't want to. Beside suffering from real bad anxiety at the moment, which I'm off work for.


Thank you very much for your time.

Expert:  Jo C. replied 3 years ago.
If thats the extent of the allegation then that isn't dangerous driving. It does amount to careless driving.

You will probably be summonsed so you can plead guilty and be sentenced in absence.

If you are on bail then thats different but with road traffic thats not common unless its to be a dangerous driving offence.
Customer: replied 3 years ago.

Sorry just one thing I forgot to ask.

Time frames.

How long after the incident have/will the police pull me in for an interview or send me a summons?



Expert:  Jo C. replied 3 years ago.
If its to be careless driving then they should lay an information before the court within 6 months.

Dangerous driving is either way so there are no time limits.
Expert:  Jo C. replied 3 years ago.
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