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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69997
Experience:  Over 5 years in practice
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3) a) if I do go into court what happens? ) will The judge

Customer Question

3)
a) if I do go into court what happens?
b) will The judge listen and decide on the case or is there a jury?
c) will I be asked to explain what happened?
d) there has been no mention of me bringing the witness, what does this mean?
E) how will the court look at the fact that I did not flee the scene just took the unfortunate decision to park in adage spot Abdul have a witness to prove this?
I understand you cant give a definitive answer but an estimation due to our experience would be appreciated, and in your opinion what is the best course
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.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
Hi I believed I asked you regarding the case earlier today just wanted more information. I'll give the details again
Thank you
------------
In November 2014 approximately 6pm i was driving and came to a stop at a side street that entered onto a main road. The main road is a hill with a bend . i was exiting down the road. i stopped looked and proceeded to pull out when safe. As I was pulling out a car driving on the main road I was pulling out on to, hit my bumper. It was dark as it was winter and I did not see the headlights approaching nor saw the car and that was the reason I had proceeded to pull out
I should mention I have never been involved in a road accident in my 6 years of driving and the collision was a shock. as It happened as I was pulling out and down the hill I thought it safe due to it being dark to park on the opposite side away from traffic and then exit the car and exchange details.
I saw a space about 20 yards down where I parked and walked back to the scene. however as I got there the other car had left. I walked up and down the road for 15 minutes trying to locate the case. Another woman witnessed distressed, trying to find the driver and she gave me her details
shaken up I drove home. I considered going to the police the next day once I had calmed down however I had no details to give to the police as to who had collided with me. I dint even know the colour or make of the car.
due to my inexperience and due to the lack of information I did not report it to the police and after consideration a week later had the bumper replaced privately. I took pictures of the damage before having the work carried out.
in February I received a letter from the police asking for information regarding the incident. I filled in the form truthfully explaining what happened and also I had a witness and sent it off.
in April an officer visited my home late at night and took my statement. I again mentioned I had a witness however he did not take the name or details of the witness
on 8th of may I received a letter summoning me to a court hearing saying I have been charged with
1) diving a car without due care an attention (PNLD: H8757)
2) failing to report accident (PNLD: H105)
3) failing to stop after accident (PNLD: H103)
I admit I made a mistake in not going to the police but I felt I would be going to them and wasting their time as I had no information to provide and I also admit I should have had the repair fixed through my insurance company.
the letter sent to me by the courts have stated there is a discount for an early plea. I don't want to plead guilty, as yes despite my mistake in not reporting the accident I did not flee the scene and now I see it was a mistake to park in a safer location and I should have just got out of the car there and than
my questions are
1) what are the potential penalties I face if I go into court
a) how much of a fine?
b) how many points?
c) any chance of imprisonment considering there were no injuries as far as I am aware. There has been no mention of injuries so far by the officer who took my statement or in the letter from the court. Also I was there for 15 minutes searching for the driver and there were no ambulances or police at the scene.
2) if I accept the early plea discount and admit to the charges
a) how much of a fine?
b) how many points?
c) any chance of imprisonment once again considering there has been no injuries
d) if I accept the early plea would I have to go into court and should I take a solicitor?
3)
a) if I do go into court what happens?
b) will The judge listen and decide on the case or is there a jury?
c) will I be asked to explain what happened?
d) there has been no mention of me bringing the witness, what does this mean?
E) how will the court look at the fact that I did not flee the scene just took the unfortunate decision to park in a safe spot And I have a witness to prove this?
I understand you cant give a definitive answer but an estimation due to our experience would be appreciated, and in your opinion what is the best course
Ps: in the above it was my wife driving, she was alone and shaken up due to the mistakes made in failure to report
Expert:  Jo C. replied 2 years ago.
Yes, got it.
On your specific points
a) you either plead guilty or not guilty. If you plead not guilty then it will be set down for trial. If you plead guilty there will be a sentence.
b) it will be tried by Magistrates or a District Judge
c) if you are pleading guilty then you will be asked if there is anything you want to say in mitigation.
d) not sure what you mean?
e) you did flee the scene. There is no way around it. You did not exchange and you did not report. That is failing to stop and report I'm afraid.
Can I clarify anything for you? You can ask follow up questions on this post.
Customer: replied 2 years ago.
Thank you for all your assistance
I may wish to take the opportunity to speak to you if I have more conversations on the phone. Should I contact you via here when I am ready to?
My wife is extrey stressed she will receive a custodial sentence. I understand you say it only really happens in the most extreme of cases
In your experience in her case what is the likelihood of her receiving a custodial sentance?
Expert:  Jo C. replied 2 years ago.
If this is a damage only collision then she will not get custody.
It is mostly reserved for people who have caused serious injury and then driven off. I have never known it affect anybody else.
Jo C., Barrister
Category: Law
Satisfied Customers: 69997
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
If there had been a injury in the collision would the officer who took my statement and the letter from the courts which states what they are charging me with, would they have mentioned it
In your opinion is it better to plead guilty and accept a fine and points early or when attending court
Expert:  Jo C. replied 2 years ago.
No, probably not.
It is better here because she has no defence.

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