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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69510
Experience:  Over 5 years in practice
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There, I've just been served with a notice of intended

Resolved Question:

Hi there,
I've just been served with a notice of intended prosecution for failing to stop/failing to report. I crashed my car into a wall, was overcome by shock as I have a long standing nervous condition and bystanders were aggressive. I thought the event was 'damage only' so thought I was only obliged to report the event to the owner of the wall. When my car was recovered in the morning I reported the accident to the police, and approximately 12 hours after the accident I reported it again at the police station in person. Can they still prosecute me? I contacted the owner of the wall within 24 hours.
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.
Yes, they could but if you did report I would be surprised if they did.
You are supposed to report as soon as practicable and, in any event, within 24 hours. However, you are certainly the first to have used the maximum period of time and there is no public interest in this.
The only issue here though is that they may be saying that you only reported because you had been detected anyway but it still isn't the best point.
To prosecute this successfully they will have to show that you had reasonable opportunity to report at an earlier stage. The reality is that they could try to do that as 'reasonably practicable' is a wide test but I don't know what they think they would be achieving by prosecuting this.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Yes,I've had no previous traffic offences and they are pressuring me to 'plead guilty by post' , and officer is coming round in a weeks time to get a statement. The incident occurred on 17/12/15. They have repeatedly told me they suspect me of drink driving but are unable to prove it and did not request a sample on 18/12/15 when I reported the incident in person. To clarify I reported it at around 7:30am via phone and then 12.00pm aprox in person - they alledge it happened around 11:50pm.Do you have any advice for me when making my statement? Can I point out what you have said? Ive asked what the penalities are, does this infer guilt?Kind regardsOG
Customer: replied 1 year ago.
What would be your advice in pleading guilty/no pleading? Is there anything I can do to encourage them to give up attempting to prosecute me? Are they attempting to get an easy conviction in order to get their targets?
Expert:  Jo C. replied 1 year ago.
That is probably the reason for the prosecution then.
You could defend this on the basis that you did report within 24 hours but they might be arguing you had an earlier opportunity.
You can always make representations to them about the public intrest of this prosecution but they will probably carry on as they suspect drink driving.
It carries either 5 - 10 points or a ban and a sentence that ranges from a fine to custody. I would expect 5 points and a fine. I have only ever seen custody once and that case involved a woman who had struck a child pedestrian who later died of the injury and the Crown were able to prove that if she had stopped and summonsed help the child probably would have recovered.
Customer: replied 1 year ago.
Do you think it likely they would secure a conviction? As I said its been documented that I went to the doctors after for meds and was diagnosed as suffering from severe anxiety would this be taken into account?Would you accept the points and fine by pleading guilty? Im a single income household - I earn 21500 per year, but barely cover my bills - will this be taken into account?
Expert:  Jo C. replied 1 year ago.
I don't think the severe anxiety is the best point. Unfortunately some people use that type of thing as an excuse.
Why did it take you 12 hours?
Customer: replied 1 year ago.
I was in shock I walked home, woke up on my bedroom floor. I got ready for work and then it dawned on me i'd been in an accident. I got my neighbour to drive me down to the crash an my car had gone. Immediately after I knew it had gone I contacted them to inform them it was my vehicle and that id been in the accident.Initially I didn't think the police needed to be involved, I though all I need do is contact my insurer and the owner of the wall. At the time of the accident I had no battery on my phone. Once I got home I just passed out.
Expert:  Jo C. replied 1 year ago.
Ok. That isn't really as soon as reasonably practicable then.
I would try to get them to consider this on the basis of public interest.
If that fails then I wouldn't be confident that Magistrates would find in your favour I'm afraid.
Customer: replied 1 year ago.
How do you appeal to them on the basis of public interest? At what stage should I do this?Kind regardsOG
Customer: replied 1 year ago.
What size fine should I expect?
Expert:  Jo C. replied 1 year ago.
You just write to the prosecution after you receive the summons asking them to review the case again.
Some people swear by written representations. I have found them a bit hit and miss. Quite often CPS just don't read them.
I don't think they would fine you a huge amount. There is no real harm done and you did report.
Customer: replied 1 year ago.
Is there anything else I should be aware of before I go?I am right in thinking this has cost £56.00 and I'm not automatically signed up for anything else?Kind regardsOwen
Expert:  Jo C. replied 1 year ago.
Not that I can think of.
You can always get a barrister under public access to represent you in court but that will rack up cost.
You need to email customer services about your account on***@******.***
Customer: replied 1 year ago.
Last question: Is Public access like a duty solicitor? Do I pay them directly or am I fined a larger "court costs" if I lose if Ive asked for a solicitor?Many thanksOwen
Expert:  Jo C. replied 1 year ago.
No, public access is direct access to a barrister.
You won't be fined extra if you have asked for a solicitor. Court costs are just the cost of a prosecution.
You might get legal aid for failing to stop and report. It is a bit hit and miss.
Jo C., Barrister
Category: Law
Satisfied Customers: 69510
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank youI appreciate your helpOwen

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