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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice.
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I was involved in a collision on 2nd January this year where

Customer Question

I was involved in a collision on 2nd January this year where a pedestrian stepped into the road as I was making a turn and, unfortunately collided with her. On Saturday I received notice that I'm being prosecuted for driving without due care and attention. I don't feel there was anything I could have done differently, that the underlying cause was me responding to the erratic behaviour of another driver, but don't see how I can prove this.
I am also not happy about how this case was handled. On 20th February I was contacted by a policeman as a complaint had been made by a member of the public and he pressured me into agreeing to him coming to my home later that evening as he was due to go on annual leave the following day. This didn't give me time to fully collect my thoughts, so I was still flustered when he arrived around an hour later and didn't remember all of the facts. He only gave his name over the phone, when I wasn't able to remember it, didn't leave me his name, number, a contact number or any other information so, later that evening, when I remembered other facts that could be relevant, I had no way of getting in contact. As a result, I don't feel I have been fairly represented.
Finally, on page 7 of the documentation I have been sent, it says "You have been charged with using a vehicle without the necessary documents... as required by law following a request from the police." This is the first time documents have been mentioned. I wasn't asked for them by the officers who attended the scene, the one who came to my home never said anything about them, so when was I supposed to do this? The car in question isn't mine, it's a company car, but I would have had no problem getting the documents had they been asked for. So how can they charge me with this?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
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 3 years ago.

What my options are regarding the offence? I feel pressured into pleading guilty as it will cost less and take less time. I don't think I am, but I can't see a way to proving it and losing in court will cost more money and take up time.


Secondly, what can I do about the way it's been handled? I don't think I've had a fair chance to put my side of it.


Thirdly, what do I do about the part where it says I have been charged with failing to produce documents? It's not mentioned anywhere else in the paperwork and I have never been asked for it, so how do I contest this one?

Expert:  Jo C. replied 3 years ago.
Thanks.

1 Your options are to plead guilty or not guilty and face a trial.

2 I'm not sure what you were hoping to do? The procedure that you describe above is all fairly standard so there is no point in a complaint. If you were interviewed then you did have an opportunity to explain I'm afraid. In any event, the proper place to explain and defend is in court.

3 Usually that charge follows a HORT1 to produce at the police station. If you were not given one then that is strange but you are not under an obligation to produce. You can just attend court and make the point that you were never asked to produce. They will probably drop that at court.

Can I clarify anything for you?

Jo
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 3 years ago.

Not what I wanted to hear, but makes sense. Thanks.

Expert:  Jo C. replied 3 years ago.
No problem

Let me know if you want to know anything else.

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