How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Can you please advise on an alleged motoring incident involving

Resolved Question:

Can you please advise on an alleged motoring incident involving my son.
1. Incident date 30th of June -whilst coming home from work in his work van he was harassed by a male driver who was gesticulating furiously to him. My son was alarmed and tried to lose him. The driver turned off at a roundabout and my son went the other way - the driver then appeared behind and alongside him and again gesticulated him to stop. My son pulled over and went to the car to find out what the problem was . The other driver got out - said he was an off duty police officer (this was an unmarked car without any flashing lights and the office did not produce any identification) and said my son was under arrest for driving negligently. This police office then grabbed my son with an arm hold, pushed him against the car and radioed for back up as the officer said he was resisting arrest. My son said to him "I am not resisting arrest" but the officer continued with the arm hold and showed stress and undue force whilst waiting for back up to arrive.
This caused considerable bruising and pain.
2. Consequently my son was taken to a police station and detained for 3 hours and he was then interviewed by the off duty officer who had returned to the station in his uniform. He was then charged with driving without due care and attention - ref H8757, RT88575, 804 / 01. He is due to appear in court on 14th July fast tracked.
This is a brief resume of what happened.
1. he made the statement - as he put it , he was extremely shocked at the incident and was not able to think clearly at the time ... He refused a solicitor not understanding the consequences as he just wanted to get out of the station, pick up his vehicle and report the incident to work which he had to do in writing.
2. He has had to have medical treatment for severe bruising and pain to his arm - this necessitated him attending a walk in centre over the weekend at the hospital and his doctor today who advise he needs treatment for this injury because of the arm lock.
3. He has now had time to reflect on what happened and said he wasn't driving dangerously his driving pattern only changed when he was being chased.
4. What course of action should he be taking - if any?
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.
are you asking if this is a defence?
Customer: replied 2 years ago.
We are not completely sure of your question. In view of how this incident happened was this arrest legal. should he plead guilty or not guilty?
Expert:  Jo C. replied 2 years ago.
The arrest was certainly legal. Your son seems to accept driving in a way that he would not normally do. I realise that he has an explanation for that but it doesn't amount to a defence.
There are likely to be offences in that and they are ones that are arrestable.
On your son's account he was probably treated rather roughly but that does not mean the arrest is unlawful. It just means there may be complaints against the officer but I would not suggest pursuing that because they will take revenge.
Whether he should plead guilty or not is another matter. He is not charged with dangerous driving. He is charged with driving without due care and attention. That is an offence fairly easily committed and he does seem to accept that he was driving erratically on anybody's accounts. There is no defence in saying that he was trying to lose another driver. The fact that another driver may well be driving badly as well does not give any person a defence to this charge.
Whether you should plead depends upon what it is said that he actually did. The difficulty is that a dispute over fact is quite unlikely to be decided in his favour because this is a summary only matter and can only be tried at the magistrates court therefore. With magistrates, as a rule, a dispute over fact between a police officer and the defendant tends to go in favour of the police officer.
Can I clarify a anything for you?
Jo
Customer: replied 2 years ago.
Thanks very much for your reply. Can you please clarify what the three categories relate to and what in your opinion the penalty is likely to be as this is his first offence?
Expert:  Jo C. replied 2 years ago.
You mean the three categories of sentencing guidelines?
I would need to know what exactly he is said to have done to give you an idea of sentence.
Customer: replied 2 years ago.
All we know is what is listed on the charge sheet. The charge says he drove without due care and attention as per the three categories listed in our first query page.
Expert:  Jo C. replied 2 years ago.
It isn't really possible to tell from this information.
The only obvious aggravating feature is that it does involve fairly prolonged bad driving.
To ascertain what he will face you always need to know the specific way in which his driving is said to have fallen below the required standard.
Generally speaking, with driving without due care it amounts to a fine and either points or a ban though.
Customer: replied 2 years ago.
Thank you. Do you know when he goes to court, will he have someone to act on his behalf or does he turn up on his own - what is the scenario please? Or does the Magistrate just review the case and sentence accordingly
Expert:  Jo C. replied 2 years ago.
If this is driving without due care then probably legal aid would not be granted as it doesn't carry custody.
There is an outside chance that a duty solicitor might act but road traffic isn't generally included in the scheme.
Representation is a good idea but it does rack up the cost to him obviously although a barrister under public access is not that expensive.
Customer: replied 2 years ago.
Nearly there. If he wants to go down the representation route, and apologies for our ignorance, but where do we go to secure a barrister "under public access" The object being to minimise his sentence and avoid a driving ban which would affect his job and put him out of work.
Expert:  Jo C. replied 2 years ago.
Where is he roughly in the country?
Customer: replied 2 years ago.
Milton Keynes
Expert:  Jo C. replied 2 years ago.
That is going to rack up travel costs. The London Bar might want an additional amount basically because a journey to Milton Keynes means they can't do other matters in the afternoon usually.
You could try
Church Court Chambers on 0207(###) ###-####
or
*****on 0207(###) ###-####
Customer: replied 2 years ago.
Thanks very much for your help. Will I be sent a transcript of our discussion?
Expert:  Jo C. replied 2 years ago.
I think you are emailed a copy.
Please remember to leave feedback for my answer.
Jo C. and other Law Specialists are ready to help you