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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good afternoon, I just been referred by the police to the driver

Resolved Question:

Good afternoon, I just been referred by the police to the driver alertness course. The first line of the letters says: you have admitted to being the driver that was involved in the above accident (that followed the accident details - place and location). On the day of the accident I was driving from my work to Tesco during my lunch break, I remember following the cyclist for a while (older man, clearly struggling on the bike, not wearing protective clothing) I didn't overtake him as there was no space to do so as the road was narrow and there were cars approaching from the opposite direction. I remember then cyclist disappearing from my view and me turning onto one of the side streets. I went to Tesco and after coming back to my car I was approached by the policeman. To my great surprise he informed me that I was reported to be involved in the incident with the cyclist who fell of the bike due to my actions. He also informed me that there is a witness who described me and took the car details. I said to policeman that I don't remember anything like that happening and that I would definitely stop if I was aware of it. He checked the car for any marks and scratches but there was nothing. After approx. a week later the police officer came to my home and explained to me that the cyclist had been checked over by the ambulance service and was deemed to be fine. The policeman then proceeded to explain to me that the cyclist was insiting they take further action against me. The police officer said that he shouldn't be telling me but there were a couple of witness statements that didn't quite correspond with each other. He proceeded to tell me that he didn't think I had deliberately done anything wrong, but in the cyclist eyes he needed to be seen to be doing something. He then explained that the best thing to do would be to take the driver awreness course. On receipt of the letter my concer is the fact that I am admitting I've been involved in the accident which in my opinion is untrue. I would like to add that I have been a driver for 9 years and have a clean licence, have no convictions and the only points I ever had was for driving 34 miles/h on a*****in 2009. I am extremely cautious round the cyclists as I used to cycle to work and know how dangerous it might be. Can you plese advice ? Many thanks.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Just to be clear, you are being offered the course?Alex
Customer: replied 1 year ago.
Yes. My concern is that the letter says that I have admitted to being the driver of a vehicle that was involved in the above accident which I didn't and that the guy will may want to take me to court anyway after me taking the course and I am giving him additional weapon by signing up for the course.
Expert:  Ash replied 1 year ago.
Sadly you have to admit the offence to do the course.If you do not admit the offence then the matter will be referred to Court and you will be tried whether you will either be convicted or acquitted.But you can only take the course if you admit the offence. I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Let's say I will do the course. Can I still be taken to court ? what is your advise ? shall I take my chance and not do the course just wait what's happened. I have a feeling the guy won't give up easily as I said before he is fine, hasn't been touch by my car and witnesses statements do not fully correspond.
Expert:  Ash replied 1 year ago.
Criminal Court no. I would take my chance so not to get points or prosecuted.Does that clarify?Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
yes, thank you for your time and help
Expert:  Ash replied 1 year ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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