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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33522
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I want to know if a withness states in there statement

Resolved Question:

Hi. I want to know if a withness states in there statement that an incident accrued at a certain. And also states another time contradicting that time. Can this statement be thrown out?
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat kind of case is it?
Customer: replied 10 months ago.
Alleged dangerous driving and drink driving. Withness states she rang police at 22.52 (police confirm this) but she states the incident accrued at 23.50. Can her evidence be thrown out.
Expert:  Clare replied 10 months ago.
If you mean can it be thrown out before the matter goes to court - then no.If you mean is this a point which will lead to some robust cross -examination and could that help the chances of an aquittal - then yes.Please ask if you need further detailsClare
Customer: replied 10 months ago.
Thank you. What do you state in court to the judge to ask for aquittal
Expert:  Clare replied 10 months ago.
You enter a plea of not guilty; the witnesses give evidence and are cross examined then when you give your final summing up you ask for an acquittal
Customer: replied 10 months ago.
Do you know of many dangerous driving charges that are upheld when there is no damage to property or any injury.
Customer: replied 10 months ago.
I can't find many case studies about it.
Expert:  Clare replied 10 months ago.
I have personally known quite a few
Expert:  Clare replied 10 months ago.
There would not be many case studies - it will generally have been disposed of in lower courts without appeals
Customer: replied 10 months ago.
What would the sentence be if found guilty. No previous conviction.
Expert:  Clare replied 10 months ago.
What is the position on the drink driving charge?
Customer: replied 10 months ago.
I was in a pub had 2 pints. I was on my own. I drove home. Parked my car. My neighbour was out said i came within a meter of her 'nearly knocked her and her child down'. Bear in mind i live in a terraced house 5meters wide and i park at her side of the house. says I was driving dangerously with 'quite a bit of speed'. I went in to my house started drinking wine I was in the house at least 30 min before the police came. Arrested me
Customer: replied 10 months ago.
I failed the breath test. Reading was 70
Expert:  Clare replied 10 months ago.
Ok so you will convicted of Drunk driving.If you are convicted of Dangerous driving as well it is likely that the fine will be larger - but nothing worse
Clare, Solicitor
Category: Law
Satisfied Customers: 33522
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thanks

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