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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I am being accused of being involved in a fatal hit

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Hello. I am being accused of being involved in a fatal hit and run which involved a cyclist. I've stated on the record that I don't recall hitting a cyclist and I do have legal representation. I had initially been charged with manslaughter, causing death by dangerous driving, leaving the scene of an accident. Now I have been charged with only the following: causing death by careless driving, leaving the scene of an accident and attempting to pervert the course of justice. However, we are still awaiting full disclosure bundle from the prosecutors.
In the disclosure bundle we are requesting the post mortem. It is being said that the cyclist may have been under the influence of alcohol and cocaine. ( have not received post mortem so only hear say ) I know I shouldn't pay attention to hear say at all but the cyclist had over 50 convictions which included theft and drug abuse etc.. ps. I'm not trying to sound horrible by naming past convictions by victim as I am deeply saddened by this but I'm just trying to get a point across that I have reason to believe the hear say before you rule these questions out completely.
Anyway, my question is this: will it help my defense if the post mortem reveals that this guy was in fact under the influence of drugs and alcohol and we could arise any doubt and that may be he cycled in front of the vehicle and may be caused his own death. He had no helmet, reflective clothing, lights on bicycle. As I have not tried to create a lie and state what I do not know. Because I could've said that he came out infront of me and I panicked after. But I simply don't have any recollection. My lawyer said no it will not change anything and they'd still find me guilty because I left the scene and say that I caused it. I feel like this is after the fact that it even occurred. I'm speaking on the accident itself and who caused it. Not leaving. Also my sister and friend was arrested on suspicion of attempting to pervert the course of justice due to phone records but neither were charged and both have been freed from accusations. I'd like to add that I had been on benadryl and had a few drinks and honestly don't remember a lot from the night. I stopped at a public and well occupied gas station to change a blown tire, I crossed a police station once that night and another time around the mid day hour to have the car repaired . I drove straight home after leaving the gas station and reversed in the front yard with the damages facing the road. ( all actions named doesn't seem like a person who knowingly hit someone and wanted to run and conceal it ) Totally unaware that a cyclist had been hit until I seen it on the news. I was not worried as I was saying to myself I know this could not been me as my car was severely damaged as if I ran under something. It wasn't until the day after I began to get worried as the news started to describe what damages the vehicle would have and the color. I then began to worry and I even tried to get legal advice but didn't get a hold of a lawyer that my friend had known. The next day I was arrested.
Also BEFORE my lawyer was served with disclosure of some evidence which was the dna forensics examination of the vehicle I was told by my sister that when she had went to the station she was told by the investigating officer that traces of blood had been found on the vehicle. Could this help my defense at all? Also, in interview the same said officer lied about some of the phone record evidence. Could this help anything? Sorry for all the reading but I wanted to make it clear as I could.. Also everything mentioned was stated in my interview on record so no need to worry. I also just want to get other opinions on this matter because she didn't even think about it and simply said no it will not change anything.... Thank you In advance
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.
What would you like to know about this please?
Customer: replied 1 year ago.

Well I have made my inquiries in the primary question.

Expert:  Jo C. replied 1 year ago.
The post above does not contain a question.
Customer: replied 1 year ago.

Anyway, my question is this: will it help my defense if the post mortem reveals that this guy was in fact under the influence of drugs and alcohol and we could arise any doubt and that may be he cycled in front of the vehicle and may be caused his own death. He had no helmet, reflective clothing, lights on bicycle.

Also BEFORE my lawyer was served with disclosure of some evidence which was the dna forensics examination of the vehicle I was told by my sister that when she had went to the station she was told by the investigating officer that traces of blood had been found on the vehicle. Could this help my defense at all? Also, in interview the same said officer lied about some of the phone record evidence. Could this help anything?

Expert:  Jo C. replied 1 year ago.
OK.
1 Not really. At least the absence of lights might be important if it would mean that he could not be seen. The other points essentially amount to contributory negligence which is not a defence in the UK to a criminal offence.
I'm not sure how a post mortem could reveal that he cycled out in front of the vehicle. That is not what post mortems do.
I suppose drugs and alcohol might support some defences but you do not seem to be saying that he did pull out in front of you.
Even if he did, to be wholly honest, that wouldn't necessarily give you a defence. if this is causing death by careless driving then that is a very low test.
2 I'm not sure how immediately?
It just establishes that your sister was told that blood was found on a vehicle. That doesn't really go to the issue.
It is quite unlikely that the officer did lie. I was a police station rep for years and I never even once saw an officer do that. They are sometimes wrong but that doesn't mean they are are lying.
In any event, even if he did lie it doesn't help your defence. It would be unethical of him but that doesn't give you a positive defence.
I would worry about the perverting rather than the driving offences. I don't know what the perverting is in this case. You don't mention that above.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
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Experience: Over 5 years in practice
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