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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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it is alleged by the police i have committed the following

Resolved Question:

it is alleged by the police i have committed the following offence (S);
DRIVING WITHOUT DUE CARE AND ATTENTION,FAILING TO STOP AND FAILING TO REPORT A COLLISION.
i drove into a wall,,no one else involved but myself ,reported the crash within 24hrs .
what kind of sentence am i looking at ?? will i be banned from driving ??do i need legal representation when i go speak to an investigating officer?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Do you have any previous convictions please?
Customer: replied 3 years ago.

3 points for speeding which expire on 21,5,14 nothing else.

Expert:  Jo C. replied 3 years ago.
Do they accept that you reported?
Customer: replied 3 years ago.

i phoned the police within 24hrs ,,,havnt spoken to an officer face to face yet just received this form stating offences ,,,,i did phone 101 and spoke to a police switchboard officer .

Expert:  Jo C. replied 3 years ago.
I see.

Was the wall damaged?
Customer: replied 3 years ago.

no,,,it was a substantial stone wall ,no damage at all,my cars air bag didnt even go off,,the damage my car sustained was quoted as normal for a 30/35 mph crash by the police removal /recovery driver.

Expert:  Jo C. replied 3 years ago.
Thanks.

You did not report within 24 hours I'm afraid. Reporting within 24 hours means attending at a police station.

However, given the facts that you describe, if you go to court and offer a plea to careless driving alone in exchange for dropping the failing to stop and report then they will probably accept that. I used to prosecute traffic courts all the time and its rare that CPS pursued failing to stop on a damage only collision.

If so, its just careless driving then you would get 3 points probably and a fine of between 125-175 % of your weekly income.

If it is to be failing to stop and report then that would lead to the minimum number of points which is 5 and a fine. There would also be 3 points for the careless driving but they would run concurrently so you would only have 5 in total.

There will also be costs of £85 and a victim surcharge of roughly 10% of the fine,

Hope this helps. Please let me know if you need more information.

Jo


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Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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