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

[alecstilleyedye]

thanks all, much appreciated. i’m anticipating the defense will probably try to say i was hard to see. should i take the very bright light that was flashing at the time into court to prove otherwise?

 

[alecstilleyedye]

i should also say i’ve got a witness, a photo of the offender and cctv footage, all of which i assume the cps will have based their case on.

it is a magistrates court, and the offender has already pled not guilty at an earlier hearing...

 

[Drago]

He's gone not guilty, and its at a Mags court? Is it definitely dangerous he's up for, as that's an imdictabke charge and has to go to Crown.

And yes, takemypur light with you, and let the prosecutor know you have them. Good luck.

 

[tom73]

known a fair few that’s been allowed to use statement once in court.

 

[DaveReading]

I'm presuming it's Crown Court, as it's an indictable offence?

Due care is summary only so that means magistrates' court

Well that's that cleared up, then.

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.

You may even turn up at court on the day of the trial to find that the defendant then changes their plea to guilty when they're told you are in the building.

If that happens, don't feel you have had a wasted journey, because it's your presence that has brought it about. Console yourself with the thought that by leaving their guilty plea to the last minute, the defendant will receive the barest possible credit for it, whereas pleading guilty at the earliest opportunity would have earned them up to a third off their sentence.

 

[DaveReading]

address your replies to the judge or magistrate

But if you're in the Crown Court, address your replies to the jury.

 

[classic33]

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.

I was handed a copy of the statement made, following a question that was factually incorrect, which threw me. Question asked by the defence, statement passed to me by the prosecution.

One thing I was told, was to address my answers to the judge, not the person asking the question. Always seems odd.

 

[classic33]

thanks all, much appreciated. i’m anticipating the defense will probably try to say i was hard to see. should i take the very bright light that was flashing at the time into court to prove otherwise?

Try and get pictures, in the same place at the same time of day/lighting conditions. Handing them to the prosecution before the hearing starts. They may decide to introduce them at the appropriate moment, to illustrate what you're saying. They may make them available, before the hearing, to the defence.

 

[Pale Rider]

But if you're in the Crown Court, address your replies to the jury.

it is a magistrates court.

Another one cleared up.

He's gone not guilty, and its at a Mags court? Is it definitely dangerous he's up for, as that's an imdictabke charge and has to go to Crown.

Dangerous driving, which this is not, is not indictable only, it is triable either way, in a magistrates' or crown court.

This is careless driving, which is triable only in magistrates' court.

Even causing death by careless driving is triable either way.

Scary thought, Fred and Edna on your local bench deciding on such weighty matters as whether a loved one was killed illegally, or whether - when the boot is on the other foot - you are a killer driver or not.

 

[fossyant]

@fossyant

No idea, the guy didn't get so much as a telling off from the police

 

[dan_bo]

No idea, the guy didn't get so much as a telling off from the police

Ffs.

 

[alecstilleyedye]

No idea, the guy didn't get so much as a telling off from the police

really

 

[fossyant]

really

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

 

[classic33]

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

Similar feelings about West Yorkshire Police.

@alecstilleyedye, you've got as far as the court. Which in itself a sign they're doing something.

 

[I like Skol]

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!