anyone had a driver in court for driving without due care and attention?

[alecstilleyedye]

bloke who knocked me off in june has finally been traced and is up in court next year.

i've been called as a witness; what should i expect? am i likely to have some defence lawyer trying to make out that the accident was my fault?

 

[mjr]

Paging @whoosh @Arjimlad @Flyingfox and wishing you all the best.

 

[mjr]

And actually I wonder if @Drago or @Brandane might know something about this.

 

[Arjimlad]

I've only had NIPs sent out, not heard of any court appearances yet.

However my day job suggests that you will be asked questions about the incident - address your replies to the judge or magistrate and don't guess at what you don't know.

It is key that you view your task as helping the court understand what took place rather than defending your position against attack, especially when your evidence is "tested" in cross-examination. Questions are an opportunity for you to explain the situation more completely than in your statement and remove any doubts about the circumstances.

Keep your answers factual & unemotional and don't give sarky replies to the advocate even if dumb questions are asked by the advocate, bearing in mind your replies are given to the court/judge.

Presumably you have given a written statement, make sure you have a copy to study before the hearing.

Best of luck !

 

[Brandane]

bloke who knocked me off in june has finally been traced and is up in court next year.

i've been called as a witness; what should i expect? am i likely to have some defence lawyer trying to make out that the accident was my fault?

Presumably you gave a statement to the Police at the time of the incident, or soon afterwards?
Without knowing the circumstances, it's hard to tell what the line of questioning might be, but basically the prosecution (Procurator Fiscal in Scotland) will lead you through your evidence by referring to your statement. The defence lawyer will then have a chance to pick holes in your story in an attempt to have his client found not guilty. Just answer the questions truthfully and to the best of your ability - "the truth, the whole truth, and nothing but the truth", as they say .

Don't worry unduly about it. There's always a chance his lawyer will advise him to change his plea to guilty prior to the trial if he feels there isn't much of a defence in any case. Sometimes that means a change of plea on the day of the trial, as the lawyer probably won't even look at the case papers until then in the case of a driving offence.

 

[Incontinentia Buttocks]

Answer the questions while addressing the Magistrates, keep the replies on topic and to the point and don't argue, if you can't remember say you can't remember. You will be given a copy of your statement before going into Court to refresh your memory, in all probability the offender will plead on the day. Good luck, it's nothing to get worried about.

 

[Drago]

Not as a 'victim', but I've sent a food few to court. Got one in particular locked in the chokey for nearly 2 years, which is good going by the standards of UK law.

I'm presuming it's Crown Court, as it's an indictable offence? This is good. The 'hot dogging' you see lawyers doing on telly is childish stuff that is usually confined to the magistrates courts. Judges generally don't allow it in their court rooms, so things are generally quite civilised in Crown.

You'll have the benefit if the Witness Service, who'll show you around, show you the courtroom before the day gets going, generally tell you what to expect.

As aforementioned by my esteemed colleague, Inspector Brandane of the yard, there's every chance he'll go guilty and it won't end up at a full trial. It's utterly wrong, but defence lawyers still like to test the system rather than the evidence and they may be waiting for key witnesses to drop out etc, so don't be too surprised if within a few weeks of the trial date (or even the day before, can go down to the wire) if you get stood down.

 

[Brandane]

Inspector Brandane

Superintendent at least, please; you pleb!

 

[tom73]

Defence has a job to do so may ask you questions that try to find hole in your statement. But any Judge worth anything will not allow you to given the 3rd degree as on TV shows. As @Drago points out that's mostly the stuff of tv and you will have someone to help you and explain things. So anything your not sure about ask them they are in place to help people like you. No question is ever silly for them they are use to the many questions and issues a witness has.

You will have your statement and your free to refer to it when your asked questions. If you can't remember then say so. Stick to fact's and hold your nerve and don't go off on one if your emotions get the better of you. As then it will be you in the dock next time round. If you need a moment to think about something before you reply then say so. If your nerves get the better of you and you feel the need for a few moments out the court room then again say so. In all likely hood as others have pointed out it may not get to point of you having to do anything. Any thing can happen before it gets to court inc in the last few minutes.

What ever happens just remember it's not you at fault and all the court and the Judge are trying to do is to have the widest, clearest picture and understand what happen and how it got to this stage.

 

[Drago]

Oh, and watch out for the defence lawyers favourite trick - presenting statements as questions, drawing you out to say more than you might otherwise. If the question his not an obvious question, if its worded as a statement, turn to the Judge and politely say "I'm sorry your Honour, was that a question?" or "I don't understand the question." They'll get censured gently by the Judge and questioning should revert to proper questions.

 

[tom73]

Good point Mr D.

 

[Pale Rider]

Due care is summary only so that means magistrates' court, either to be heard by a panel of lay magistrates or a district judge sitting alone.

As you've been advised, the defence lawyer may try to rough you up by nitpicking any difference between your statement and what you say.

It is therefore vital you refresh your memory of your statement by reading it beforehand, you don't need to be word perfect but you do need to stick pretty close to it.

Keep your answers brief without being surly and uncooperative.

You want to keep the defending lawyer 'lean' - don't give him any more to go on than he already has.

Worth bearing in mind whether the other driver's standard of driving fell below that of a careful and competent driver is ultimately a matter of opinion.

If he's found not guilty, that's no reflection on your character or evidence, it's just the opinion of magistrates/district judge.

 

[Brandane]

You will have your statement and your free to refer to it when your asked questions.

Is that true, in English courts? It wouldn't be allowed in Scotland. Police Officers are allowed to refer to their notebook as long as the notes were taken at the time or as soon afterwards as was reasonably practical. Referring to a prepared statement though, even for non Police witnesses? No chance!
@Drago @Incontinentia Buttocks

 

[Drago]

You can ask to read your statement beforehand, and like as not you'll be allowed to. Once in court it's at the Judges discretion as to whether you'll be allowed to refer to it.

 

[dan_bo]

@fossyant