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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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On 2nd December 2014 whilst turning round in a shop car park

Customer Question

On 2nd December 2014 whilst turning round in a shop car park I grazed the rear wheel arch of another car. I stopped and got out and saw what appeared to be minor scuffs with no dents or scratching. I stupidly drove off without reporting the incident. I have now received a letter from the police asking if I was the driver on this occasion and also been asked to give a statement regarding the incident. I have not yet given a statement as I stated that I wanted to seek legal advice.
I have a clean driving licence and was fully insured at the time of the incident. I am planning on pleading guilty to the offence. What penalty am I likely to receive and specifically am I likely to receive a ban as I use my car to drive to work?
Thanks
Chris
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.
They could prosecute you for failing to stop and report and driving without due care and attention. You may have a defence to driving without due care but not to failing to stop and report which is the more serious offence.
They have to show some form of fault to get home with careless driving. It isn't as simple as proving there was an accident.
However, that doesn't really assist you because they may well take a plea to careless driving and drop the failing to stop and report. For careless driving you would get 4-6 points. For failing to stop and report you would probably get 6.
Both offences do carry a ban but it is not likely. People are banned for failing to stop and report but usually there is far more aggravation than here. It does carry penal consequences as well but they are reserved for the worst offenders.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
You state that I may have a defence to driving without due care and attention, could you give me more detail around this?
I was distracted by a car that reversed in front of me quite quickly as I was turning, does this make it more or less likely that I would receive a procesution for driving without due care?
What do you think is the likelyhood of being prosecuted for driving without due care and attention?
Would I be best attending Court in person if is to likely to make little difference to the outcome?
Expert:  Jo C. replied 1 year ago.
You may have a defence to driving without due care but not to failing to stop and report which is the more serious offence.
They have to show some form of fault to get home with careless driving. It isn't as simple as proving there was an accident.
For careless driving you would get 4-6 points.

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