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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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my husband was involved in an accident outside our house when

Customer Question

my husband was involved in an accident outside our house when reversing up our drive, a motorbike with l plates tried to squeeze through and went into the side of our van. the driver was a little shook up but after exchanging details he said he wasn't hurt and got back on his bike and went to work. there were no witnesses. a couple of days later we received a letter from a claims lawyer asking for details of the accident. we got in touch with our insurers and told them he was not too blame. a couple of days later we received a letter from the police and my husband now has to go to the police station to be interviewed under caution and could be charged with driving without due care and attention. It comes down to this boys word against my husbands. What will happen next
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this plese?
Customer: replied 2 years ago.
Relist: Answer quality.
Customer: replied 2 years ago.

Why is my husband being questioned under caution there were no witnesses so this boy must have phoned the police himself and reported the accident. we asked him at the scene of the accident did he want to inform the police and he said no

Expert:  Jo C. replied 2 years ago.
Because he has made an allegation which has to be investigated.
The fact that he agreed at the scene not to call the police doesn't mean that he cannot do so.
It isn't just his word against your husbands. There are no cases that are that simple. One account is always more credible than the other and anyway, one person's word against the other is basically what most serious sexual offences come down to,
With road traffic collisions, there is always some evidence of damage so its not just his allegation.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

thank you that is useful. will my husband know if he is to be prosecuted straight after the cautioned interview or will he hear later?

Expert:  Jo C. replied 2 years ago.
No, they will put the matter to CPS.
Probably he won't be arrested. They will just interview him voluntarily and then release him pending a summons.
It could take several months for a summons to be sent out I'm afraid.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.


when he receives a summons will it tell him what he can expect if he pleads guilty or not guilty.eg fine, points,disqualification etc

Expert:  Jo C. replied 2 years ago.
No.

But if its a careless driving then he can expect either 3- 9 points or a short ban and a fine.

The level of the sentence depends on the level of injury and the fault. Usually, unless somebody is seriously injured, you do not get more than 6 points and a fine.
Customer: replied 2 years ago.


thank you jo that has been really useful. excellent advice.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. 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/