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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice.
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If there is a summons to attend court offence an accident

Resolved Question:

If there is a summons to attend court for an offence for having an accident causing damage to a property, and then leaving the vehicle in the road, what is the likely outcome?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.

Do you mean failing to stop and report?

Customer: replied 1 year ago.
failing to stop contrary to section 170 (4) of the road traffic act 1988
also, leaving the car in a position as to involve a danger or injury to others using the road contrary to section 22 of the road traffic act 1988
Expert:  Jo C. replied 1 year ago.

Ok. Are you asking what sentence you will face?

Customer: replied 1 year ago.
or what penalty points I would get, or is there a fine I could pay instead of going to the court hearing.
Expert:  Jo C. replied 1 year ago.

What was the accident?

What happened?

Customer: replied 1 year ago.
I was driving home at night around 1pm in Fog, I clipped a kerb, hit a wall and the air bags went off so I couldn't re start the car and move it off the road. My phone was dead, I was in shock and walked home. I had a phone call from the police the next morning to say the car had been taken off the road and moved to a garage. I then had an interview with the police where I told them the above situation. I have since had a court summons for the two offences I described above.
Expert:  Jo C. replied 1 year ago.

OK. There is no way around that then.

They might drop the dangerous parking as that only carries a fine. If you plead to failing to stop and report that might be acceptable.

Failing to stop and report carries either 5-10 points or a ban. There are some other sentencing options but that will not be likely here. It would likely just be a fine.

I would expect 6- 10 points. You are not going to be banned if the facts are as you say.

There will also be a fine, costs of £85 and the surcharge.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
If i attend the court have have a solicitor with me would this help my case rather than appearing alone?
Customer: replied 1 year ago.
I already have 6 points on my licence.
Expert:  Jo C. replied 1 year ago.

It is generally better to be represented. It does rack up costs but, on the whole, you are better off represented than not.

Expert:  Jo C. replied 1 year ago.

if you have 6 points in the last 3 years then you are at risk of a ban for totting.

You would be better off represented if you intend to try to argue exceptional hardship but that will be expensive as you have the burden of proof.

Customer: replied 1 year ago.
What sort of amounts are we talking about....as I am prepared to pay
Expert:  Jo C. replied 1 year ago.

For exceptional hardship?

A barrister under public access would probably do it for roughly £500 but you would have to gather the evidence.

A solicitor would charge much more but they would evidence gather.

Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your help
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.