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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Madam, A number of years ago whilst using a pedestrian

Customer Question

Dear Sir Madam,
A number of years ago whilst using a pedestrian crossing a car approached at very high speed, fearful I shouted to my Wife and children to speed their exit. I was waving frantically at the car in order to slow it down.
At this time I was suffering form depression and gout and could not walk properly. As the car could not stop I fell back onto my right foot and in excruciating pain kicked out at the car as it passed. The car took over 150 yards to stop and the driver ran to aggressively confront me, statin he was a policeman. I said he should be ashamed as it was a school crossing with a permanent 20mph restriction. After a while he departed.
Again as I walked home very slowly (due to the pain the foot) the driver came back in his car and showed me the damage. I apologised and we agreed to £50 as the damage did not look bad. He also apologised as he admitted driving irresponsibly.
A few day later I was arrested and put in a cell for many hours. My Wife just told me to plead guilty as she was embarrassed at the police coming to the home. I was still suffering form depression and not sleeping ( I had Sleep Apnoea) and was not responding to the breathing machine.
I was fingerprinted, dan was taken and have record or criminal damage.
This is the only time I have ever been in any trouble and now that I am no longer emotionally depressed, the gout is under control and the sleep and I have been cleared of sleep apnoea I feel very upset about a criminal record in such circumstances. i has literally no fight in me at the time. is it possible that this conviction be overturned, as I paid £500 reparations too.
Thank you for your time and experience.
James
Submitted: 5 months ago.
Category: Law
Expert:  Ash replied 5 months ago.

Hello James my name is ***** ***** I will help you with this.

What is it I can help with about your question today please?

Alex

Customer: replied 5 months ago.
I am sorry for my typing errors. I can assure you I am not illiterate. I feel I was emotionally unstable, suffering terrible sleep deprivation and in considerable pain at the time of the incident. I pleaded guilty in the police station as my Wife was embarrassed and concerned that more stress would make me suicidal as I had bee having those thoughts at the time. I now feel the conviction and consequent criminal record is unfair and wondered if I could now appeal to overturn this conviction. I had no intention or premeditation in the actions and responded to stress in a manner that is not representative of the person I am due to the medical situation at the time. All of the above can be proven through medical records at the time. I had no strength to stand my ground and defend my actions.
Expert:  Ash replied 5 months ago.

How many years ago was this? What penalty did You get?

Customer: replied 5 months ago.
It was about 4 years ago and I paid the repair bill for the car. It worked out that the car repair was about £5 more than the £50 I had paid and the standard £500 limit on a criminal damage case and because of this I had to be convicted. I did not get any evidence of the car repair estimates or anything at all. I simply paid as my Wife wanted everything settled. She was terrified as the driver scared her and my children by shouting and being aggressive. She was frightened that he knew where we lived and, as I work late nights, she felt scared and just wanted the matter resolved. I have record for criminal damage.
Expert:  Ash replied 5 months ago.

What penalty did you get for criminal damage?

Expert:  Ash replied 5 months ago.

And just to be clear you pleaded guilty?

Customer: replied 5 months ago.
I pleased guilty and I don't think I had any penalty. i simply paid for the damage to the car. It did not go further than the police station. I was interviewed and then locked in a cell for many hours. I was then fingerprinted, dan form my mouth and sent home. I later received a letter and bill to pay. There was no solicitor we could not afford it and my Wife was adamant I do anything to stop any further police or other intervention. The two issued were her fear and my emotionally fragile condition at the time. i is highly embarrassing to look back at, however, I now feel the conviction was unsafe as I was not in a clear state of mind and my body was pretty much out of kilter too. Many thanks for your patience.
Expert:  Ash replied 5 months ago.

Did you have to go to court? If you did you must have had a penalty

Expert:  Ash replied 5 months ago.

Do you have any other convictions?

Expert:  Ash replied 5 months ago.

Or were you offered a caution?

Customer: replied 5 months ago.
No there was no Court action. There was only the one visit to the police station that I went to following a Police Officer knocking at our family home when I was not present. I went to the Police Station at my Wife's request I was interviewed for a long time and then locked in a cell I have never had any form of criminal record whatsoever. I was told that a Caution was not an option as the damage to the car was more than a few pound over £500 and although I had already paid £50 which would have brought the balance below £500 the technical fact remained and I had to be convicted.As I stated i have never seen, nor was offered any opportunity, to contest the cost of the damage, no evidence was given, no photos shown to me of the damage or anything. i know that some car insurance companies require 3 quotes, i was told to pay for the damage regardless of evidence of cost.
Customer: replied 5 months ago.
I do look back and feel a complete fool as I was weak and 'vulnerable'. I am embarrassed about my condition at the time. My reason for contacting you was that I was thinking of voluntary work for the Environment Agency. I now feel this criminal record will prevent me from doing this. I also used to travel to the USA and China on business and this may affect that opportunity to do so in the future as they are strict on criminal records.
Expert:  Ash replied 5 months ago.

Well I don't think you have a record. If you never went to court then you don't have a court conviction. If you were not offered a caution then you don't have one of those.

As such it appears to be that you do mot have a Criminal record.

You need to write to the police and ask for a copy of your police national computer printout, there is a fee for this.

But they will send you a copy and you will see what you have, if anything.

But on the basis you didn't go to court and were not offered a caution, I can't see how you have a criminal record.

Can I clairfy anything for you about this today please?

Alex

Customer: replied 5 months ago.
Thank you. I am at a loss as I received Court papers stating the Criminal Damage conviction and the amount to pay for the damage. I was never summonsed or gone to Court at any time. I am looking for the papers now, but I feel my Wife may have destroyed them away lest they are seen by anybody.Thank you for your time and patience in this matter. I will contact the Police and see what really happened with this as I now feel well enough to deal with it.Kind Regards
James
Expert:  Ash replied 5 months ago.

You said you never went to court. If you never went to court there won't be a conviction.

Can I clairfy anything else for you? Alex

Customer: replied 5 months ago.
I cannot rate your service until I find out about my criminal history. I have paid or the disclosure but it may be up to 40 days. It would be good if what you say is true, but i wonder why they took my fingerprints and DNA and whether that could be removed from the database. I never went to Court. Maybe as I accepted the blame I was found guilty without going to Court.
Expert:  Ash replied 5 months ago.

You cant be guilty without going to Court. You have to attend Court for sentence if you are guilty.

Does that clarify? Alex

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