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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2849
Experience:  Partner in national law firm
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Customer Question

I have been asked to attend a police station regarding an incident where a car the was driving past me was fast and I instinctively put my hand out but unfortunately my umbrella hit the car and I have been told that I may get a caution for criminal damage. He also said that the other options might be to pay for the damage or no further action. I am very worried about getting a caution as I am a contactor and my livelihood depends on not having a record and I have a young family - please advise

Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you today.
Expert:  Alice H replied 1 year ago.
Could you please explain why you put your hand out? Were you crossing perhaps or concerned about other road users? Were you intending to damage the car?
Customer: replied 1 year ago.

no - it was instinctive as the car was in front of me in the car park and then drove around me.

Customer: replied 1 year ago.

I felt the need to protect myself I guess

Expert:  Alice H replied 1 year ago.
OK. The offence of criminal damage is not made out on your explanation; you have to intend to cause damage or be reckless. It sounds like a mere accident to me. The police may press you to accept a caution because it's a simple way of disposing of cases for the. - an investigation gets closed and somebody accepts liability. But I would urge against accepting a caution because you are not admitting a crime here ( a caution can only be administered if there is a full and frank admission ). But you have caused some damage and one way or another this needs to be resolved - so if there is the possiblity of paying for the damage to put this matter to rest then you should seriously think about accepting that proposal.
Customer: replied 1 year ago.

I would take that just to get it resolved - is that an option / likely ? If so how would that come about ?

Expert:  Alice H replied 1 year ago.
Firstly, I would recommend that you engage a solicitor. There is likely to be an interview with the police. Representation is free of charge under the legal aid scheme regardless of your income. Secondly, when you go for the interview you should explain what happened - that you raised your arm instinctively because of the speeding driver and there was accidental damage caused as a result; do not accept any suggestion from the police that this amounts to criminal damage even on a reckless basis. Thirdly, your solicitor can speak to the police and suggest compensation.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2849
Experience: Partner in national law firm
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Customer: replied 1 year ago.

thanks - I have one meeting me ahead of the appointment.

Expert:  Alice H replied 1 year ago.
OK. All the very best. Can I assist further?

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