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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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. I was involved in an accident last year and have a court

Customer Question

Hi. I was involved in an accident last year and have a court case i have to attend tomorrow. The incident happened in aberystwyth. I was driving home from town about 10pm in the evening. I drove around a bend and hit another vehicle that was stationary just past the bend. At the time, my mind wasnt alert and i answered the vehicle was moving but the police assured me it was actually stationary after my interview. I got out the car to check if the other party was okay. I was having family problems at the time and was quite upset. The lady was very nasty towards me, shouting in my face and wouldnt reason with me. She was implying i was drunk and it was the last thing i needed, a big lady hurling abuse at me. I went to turn my back on her to sit in my car as she was scaring me, as i turned around she grabbed the keys out my hand, snatching my property off me. In shock and fright, i ran away from her and spent hours on the beach as my frame of mind was fragile before the incident and she made it a lot worse. I reported to the police station 5 hours after the incident where i was interviewed and breathalised. Id consumed some alcohol that evening but the results proved that i was below the limit. I have court tomorrow and am up for four offences being due care and attention,failing to stop, damage to another vehicle and failing to report within 24 hours. I would like some advice on how to proceed tomorrow please. I need my licence for work as im a mobile therapist
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you still charged with driving without due care and attention?
Customer: replied 1 year ago.

Thank you. Yes i am still charged with due care and attention.

Customer: replied 1 year ago.

Yes

Expert:  Jo C. replied 1 year ago.
Are you asking what sentence you will face?
Expert:  Jo C. replied 1 year ago.
Are you available now?I can look at this now if you are in court tomorrow.
Customer: replied 1 year ago.

Yes im looking for general advice on how to proceed. Am i likely to lose my licence

Expert:  Jo C. replied 1 year ago.
You are at risk in truth I'm afraid.
I would try to negotiate with the Prosecutor. They might well take a plea to driving without due care alone and then the chances of being disqualified reduce.
If they persist with the failing to stop and report then I suppose you could argue that you did report to the police station within 5 hours which is within the 24 hours alloted.
If there is a failing to stop and report then that carries 5-10 points or a ban but I would expect points.
The driving without due care carries 3-9 points or a ban. It depends on the damage caused but since she was able to shout the odds at you I would imagine she could not have been badly injured. I would expect 6 points.
There will also be a fine and compensation probably plus costs of £85.
I would offer a plea to driving without due care alone though. It is rare that they pursue failing to stop and report in those circumstances.
Can I clarify anything for you?
Jo

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