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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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I was involved in a car accident. A woman hit our car yesterday

Resolved Question:

I was involved in a car accident. A woman hit our car yesterday and refused to stop. My dad blocked her and stopped her. We then got out but she wouldn't get out of her car. She then tried to run us over. My wife and father moved out of the way but she hit my knee. I then chased her in our car. i eventually boxed her in between 2 parked cars. The police arrived and had to break her window to get her out. Now she has been charged, but they say I may be prosecuted for dangerous driving- can I fight this?
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.

On what basis do you wish to challenge this please?
Customer: replied 3 years ago.
After the driver failed to stop, nearly running over my family members, I thought she presented a danger to other road users, and wanted to stop her before she hit anyone else. It was a defensive act.
Expert:  Jo C. replied 3 years ago.
Sorry if I'm missing the point but how was giving chase a defensive act?

I presume they are criticising the driving of giving chase?
Customer: replied 3 years ago.
You are correct. Although they said that by stopping her I prevented her possibly hitting other road users and pedestrians, I should not have chased her. My point was that I wanted to stop her driving recklessly. I wanted to stop further danger and damage - and the only way I felt I could do that was to stop her driving.
Expert:  Jo C. replied 3 years ago.
Well, its not strictly right to say that you shouldn't have chased her. Its the manner of driving during the chase.

There is a defence of duress of circumstances - necessity effectively - that can be raised but, in truth, it would be irresponsible of me to tell you that you have any realistic chance of succeeding here and it would just lead to a large costs order and loss of credit for a guilty plea.

Giving chase did not really stop her driving recklessly and, in fact, she will probably be saying that it worsened the manner of her driving by a need to escape although that will get short change at court as well.

It is understandable that you wanted there to be some retribution but that would have been achieved by taking her index number and making a report to the police.

Whether or not anybody will think a charge is in the public interest is another matter. It depends on the length and manner of your driving and, in fact, what evidence exists of it. Just boxing her in would not be enough.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

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

Jo
Customer: replied 3 years ago.
Thank you for your response. I've literally just heard that she is hypoglycaemic, and has no recollection of the events. She remembers getting in the car, but nothing till after she was given some treatment by a doctor at the police station. I believe my resultant actions will be judged by whatever evidence is available.

Again, thank you for your time.
Expert:  Jo C. replied 3 years ago.
I wouldn't worry about whether she remembers the events. She will still have to answer for them.

No problem and all the best.

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