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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69512
Experience:  Over 5 years in practice
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Just received notice of Prosecution for a traffic offence in

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Just received notice of Prosecution for a traffic offence in May this year, I knocked down a lady at a crossing. I was at fault I got distracted for a few seconds and it happened, I have not dealt with this incident at all I've had to see my doctor and been on antidepressant and sleeping pills. I understand I can plead guilty by post, I guess that's my question is that the best way to go, and what can I expect, I am a bus driver and obviously fear loosing my job and at my age don't stand too much chance of getting another.
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.
Is the offence driving without due care?
Customer: replied 2 years ago.

Yes

Expert:  Jo C. replied 2 years ago.
Was she injured?
Customer: replied 2 years ago.

Yes, Collar bone fracture

Customer: replied 2 years ago.

Just to make you aware I was not driving a bus when I hit the lady I was in my car

Expert:  Jo C. replied 2 years ago.
Yes.
The fact that you are a bus driver is probably known to them though. It does aggravate the offence.
How did you come to hit her?
I may be offline for a couple of hours but I will pick up this morning.
Customer: replied 2 years ago.

My daughter was opening a salon, I'd been to the bank and on the way to my daughters I caught a glimpse of my wife walking towards the salon I tried to motion to her I would stop around the corner and pick her up in the time it took to do that about 3 seconds the speed I was traveling at 25mph from the point of first seeing my wife to the crossing I'd covered the distance to it approx.110Ft and hit the lady,

Customer: replied 2 years ago.

Jo

I have to go out will be about 2-3 hrs taking Mother shopping, don't know what time it is with you but its 09:51 here will catch up a bit later

Expert:  Jo C. replied 2 years ago.
Ok. There is no need to sit online. We can pick up each other's messages.
I presume that the fault lay with you? She didn't just step out in front of you? Or was this a pelican crossing?
Customer: replied 2 years ago.

Hi Jo
It was a light controlled crossing don't know whether she waited for the light and there was no cctv in the area to prove either way, my wife has since been back to the crossing and has said no one waits for the lights, the sequence takes 15 seconds from the pedestrian pressing the button to the lights changing in favour of the pedestrian, while I approached the lights they were green in my favour, I don't know for sure that they changed while I was distracted. A Witness stated I was distracted talking to my wife, which is a crock of shit she was not in the car with me I was alone in the car she was walking as I've stated before.

Customer: replied 2 years ago.

Sorry but I'm bushed its 23:22 here will pick it up in the morning.

Expert:  Jo C. replied 2 years ago.
The trouble with this is that it is an aggravating feature that you are a bus driver and the risks are that you will be banned. Therefore it is worth considering whether or not to plead carefully.
The fact that she is a pedestrian does not mean she can do what she likes. You would never notice that the way pedestrians regularly behave. The fact that they are more vulnerable does generally lead to a presumption against you. That is something that runs right through the criminal justice system - women in domestic violence, smaller dogs in a dog fight etc are almost always presumed to be the victims of an event when the reality is often rather different.
If the fault does not lie with you then you should be pleading not guilty.
If the fault does lie with you but it does not amount to driving falling below the standard required then you should be pleading not guilty. The fact of an accident does not show driving without due care and attention. There needs to be some instance of bad driving. On the face of it, you seem to be describing a mere accident which is not driving without due care.
In terms of what to expect, the issue is the driving not the injury but they are allowed to look at the injury. In truth it is not the worst instance of driving without due care. I have seen Magistrates add 6 points even for cases involving permanent injury. The problem with that is that it didn't involve a bus driver even off duty and also if you get 6 points that might lead to your employer banning you.
I don't think they would ban outright on these facts though.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69512
Experience: Over 5 years in practice
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