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

[Pumpkin the robot]

Now't. The officer just said your insurance will sort it. Yeh, 3 years later. I have no trust of GMP.

x2 re: GMP

In my case the police never even took a statement from me (unless the incoherent ramblings I issued while being bundled into the ambulance with a fractured skull and broken neck were noted down and recorded as my account of the incident? I have no recollection of what I may have been saying!). I chased the police up a couple of times to try and arrange making a statement about the incident from my perspective but was always just given the brush-off.
The police are not in the slightest bit interested because I didn't die and even though, in my opinion, the evidence shows that the driver lied about his actions and was clearly driving far too fast when he hit me they have just ignored his guilt....

I have to let this go because I don't want to spend the rest of my life being bitter about it and it doesn't actually affect my situation post-collision. What does worry me is the fact that this dangerous driver and others like him are still allowed to continue driving unchallenged, even after causing serious and near critical injuries to other road users. The other very serious issue is that it increases the danger for all other road users including me, my friends, family, and colleagues. The message to drivers is out there and is very clear. Drive recklessly and dangerously, cause injury and damage, accept no responsibility, and it is almost a certainty that you will walk away scot-free.

I would have liked the police to take some action against the driver, with my day in court if necessary. I can't comment on suitable punishments but perhaps a short driving ban would be a start? 3-6 months unable to drive would be a good time to allow the driver to reflect on the seriousness of what they did. Hell, they might even have to resort to using a bicycle to get a round and that would teach them a valuable lesson indeed!

And yet the GMP where most helpful in my accident. I assume it would be the same police force, as it was in both @fossyant and @I like Skol neck of the woods.

I had no recollection of the accident, but I did tell the policman the kind of speed I would have been doing, and that I would have been riding near the centre of the road, because people would try to overtake me on a blind corner, despite the fact I would have been riding at the speed limit for the road at that point.
The officer read out the witness statement of the woman that pulled out on me, and I was a little disappointed that she came out with the cycling bingo favourites. I was wearing black, I was going too fast, I was in the middle of the road etc. The police were happy to prosecute for undue care and attention, but I would like to believe it was an accident and she did not pull out on purpose. I said i would be happy if she admitted guilt and saw it was her fault. The policeman went to tha accident site and then went to see her and pointed out I can wear whatever colour clothing I like, I was not speeding and I do not have to ride in the gutter. She admitted it was her fault (which helped my injury claim) and I hope she now a little more aware of cyclists and other road users when she pulls out of side roads.

The officer did see why the accident could have happened but said that at the end of the day you do not pull out of a side road without making sure the road is clear. if you are not sure you do not pull out.
I guess it comes down to the officer as to the service you get.
Don't get me started on Cheshire police though

 

[straas]

You'll presumably have been asked to attend in the morning?

Go to the help desk and tell them why you're there, they'll contact the barrister in your case and arrange for the witness service to collect you and take you to the witness suite, so you'll be out of the way of all the people being prosecuted. There's free tea / coffee & water.

You'll be talked through the process and given a copy of your statement to read, then you'll have to wait for your case to be heard.

Cases that have already been delayed will take priority, so depending on the courts that day there is the potential for your case not to be heard at all - I'd bring a book or laptop so you can use your time.

When your case is heard, you'll be told beforehand so you have a bit of warning before being taken up to court. The witness service accompany you up to the court.

The prosecutor (who you should have met in the witness suite) will ask you some questions to get you to tell your version of events, these will all be related to the content of your statement.

The defence solicitor will then challenge your statement, their job is to persuade the magistrates that you contributed to or caused the accident. You're likely to hear some annoying points put across (middle of lane, dark clothing, too fast, weaving etc)

Counter any points, with reference to your statement. It's also useful to have a read through the relevant points of the highway code.

The magistrates are normal people, they have no formal legal qualifications for the most part - and won't always be aware of all the relevant laws etc. Their main job is to decide on balance, who is telling the truth, so it's quite important to remain calm, non aggressive and not to rise to any "digs" from the defence.

After giving evidence (lasts around 10 mins) you'll have the option of remaining in court to hear any remaining evidence, or to leave and be updated on the outcome by phone call.

 

[glasgowcyclist]

Lots of good advice about telling your side of events.

Don't let defence questions or suggestions annoy you, stay calm. Tell the truth, don't try to gild the lily or embellish stuff. And don't be afraid to ask the defence to rephrase the question. They can be sneaky feckers and if you think a question is setting you up in some way, just ask for it to be clarified, twice if necessary. It's not easy for them to come up with another way of asking it that doesn't make it obvious how they're trying to get you to say something that you otherwise wouldn't.

Hopefully the accused will plead guilty at the last minute. It's not unknown for the defence to wait and see if the necessary witness actually turns up before caving.

Good luck!

 

[byegad]

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.

In my case the scrote copped a plea after he saw me in the waiting area. He got 9 points and a decent fine.

 

[MartinQ]

Don't get me started on Cheshire police though

Both times I've been knocked off in the last few years, Cheshire police have been good. The drivers were done for careless/dangerous driving and the police arrived promptly and followed up with me afterwards.
Not looking to argue, just another view.

 

[I like Skol]

Both times I've been knocked off in the last few years, Cheshire police have been good. The drivers were done for careless/dangerous driving and the police arrived promptly and followed up with me afterwards.
Not looking to argue, just another view.

I think the likelihood is that we experience so much variability due to differences between divisions within the same police force, the interests and workload of the officer that deals with your case and whatever the latest fashion/target of the month is at the police force involved.

 

[glasgowcyclist]

I think the likelihood is that we experience so much variability due to differences between divisions within the same police force

In my experience there is great variability between cops within the same division, in fact within the same office.
Underneath all the declarations of concern and safety drives (Op Close Pass) it's a complete lottery up here.

 

[Globalti]

Superintendent at least, please; you pleb!

Brandane of The Yard, shurely?

 

[classic33]

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?

How did it go, generally. Was it as you thought it would be.

Not asking for specifc details, just the overall experience.

 

[alecstilleyedye]

How did it go, generally. Was it as you thought it would be.

Not asking for specifc details, just the overall experience.

not happened yet, trial’s in march next year...

 

[alecstilleyedye]

well the whole sorry saga has now reached the endpoint.

back in march the driver pleaded guilty to a charge of careless driving. got a fine, points and compo of £1k, which he has now paid.

finally got word that his insurers are settling in full after prevaricating over what, since march, was an open and shut case.

these crash for cash scammers must be remarkably patient...

 

[HLaB]

well the whole sorry saga has now reached the endpoint.

back in march the driver pleaded guilty to a charge of careless driving. got a fine, points and compo of £1k, which he has now paid.

finally got word that his insurers are settling in full after prevaricating over what, since march, was an open and shut case.

these crash for cash scammers must be remarkably patient...

I only had a minor RTC and it was similar until I saw a physio. Even though I told him that although it was uncomfortable at the time and awkward doing house work, I was on the bike the next day and cycled circa 80miles on a borrowed wheel; it was then settled in days

 

[Arjimlad]

I've been told that a driver I reported for deliberate sustained close tailgating has requested a court appearance rather than a FPN/course. Don't know when it will be just yet.

A defence solicitor friend who has seen the footage says the driver doesn't stand a chance of avoiding a conviction.

I hope the CPS get all the ducks in a row and it is an interesting/fruitful day out !

 

[dodgy]

I don't think there is a course option for driving without due car / dangerous driving, isn't that only an option for speeding, and even then only when the exceeded speed isn't too serious?

 

[alecstilleyedye]

I don't think there is a course option for driving without due car / dangerous driving, isn't that only an option for speeding, and even then only when the exceeded speed isn't too serious?

there is, but it's up to the police to offer it. happened the time before last but was conditional on the driver admitting liability...