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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice.
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i had an accident with a cyclist and an eye witness said he

Resolved Question:

i had an accident with a cyclist and an eye witness said he saw a medium size grey van involved in the accident from 10 meters away. he also said he saw me park the medium size grey van about 3 meters away after the accident. this is the the statement he gave to police.i was driving a 5 door hatch colour light blue car at the time and i do not own or drive any kind of van . the accident happened at 10 am and the cyclist broke his shoulder i have to attend court in a few weeks time and i wanted to know if i can have the eye witness statement dismissed and not read out in court . i dont have the money to pay a solicitor to defend me so i must do it myself . i have never had an accident or been in court in my life so im not sure how things work.
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.

Are you asking if you have a defence?
Customer: replied 3 years ago.

yes as i believe the accident was both our faults

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

There is no way of having the statement dismissed. The Crown can call any witness it choses. If they give evidence that does not implicate you then that is a matter for the Court.

Im not sure what the point of challenge the statement upon description though is here? You seem to accept that there was a collision and that you were the vehicle involved in it so the fact of a misdescriptino makes very little difference. In any event, to be wholly honest, a light blue vehicle might reasonable be described as a grey one I'm afraid.

The issue will be whether or not your driving falls below the standard required of the competent and careful driver. Clearly there was a collision but that is not enough of itself.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

my concern with his statement not knowing the difference between a car and a van from 10 meters before the accident and looking straight at my car from only 3 meters away.my car looks nothing like a van.

Expert:  Jo C. replied 3 years ago.
To be wholly honest, that is a bad point. Whatever his perception of the situation, it was your vehicle as you accept a collision.
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