ford focus - careless driving charge

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Mon 22 Apr 2013 23:01
ford focus - careless driving charge - boswell13

I've received a magistrates court summons (no option to plead via post, have to attend in person), just wondering what fine i'm likely to get? not too worried about the points as my licence is clean, but cant afford a hefty fine. As it happens i cant afford a solicitor so i'll be representing myself. I will be pleading guilty, and to be honest i didnt exacty cover myself in glory. But that said the other guy was just as much to blame but he reported me first and got a witness to back him up. So it's me in court not him! I'm hoping the court will allow me to explain my actions as his statement is conveniently missing any liability on his part. Basically he pulled a dangerous manoevure on me, cut me up, there was a bit of aggro between us (him brake tapping, me flashing headlights), then after i overtook him, he deliberately sped up, and we made contact as i came back into lane. Minor damage, but i didnt stop as i thought he was trying to ram me off the road. we reported each other, but he got in there first and i didnt catch his reg plate.

Anyone else experienced similar to this? how big is the fine likely to be? i've heard it's based on weekly wage...? my net weekly wage is about £500, but theres never anything left to show for it and i dont have any savings. Thanks in advance

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Tue 23 Apr 2013 08:38
ford focus - careless driving charge - Dwight Van Driver

Was there not paperwork with your summons asking you to declare your income from which they get an idea of how much to fine you if found Guilty?

If not then at Court the Clerk will conduct this enquiry if found Guilty.

Suggest you get to Court early (with someone who can drive you home - just in case) and seek out and speak to the Court Duty Soilicitor - he may give you a hand in representing yourself.

Fear not as the Clerk will guide you through the proceedings and give you a chance to put your side to the Bench either on oath (can be questioned by other side) or a statement from the well of the Court not on oath and cannot be questioned.

You can ask for any fine to paid off in instalments

dvd

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Tue 23 Apr 2013 13:51
ford focus - careless driving charge - boswell13

thanks guys. Dvd - yes there is incomings/outgoings form which i will complete so yes on paper it will reflect the reality that i couldnt afford a hefty fine.

so do you think i will have to face the magistrate or the clerk? am i likely to get a hammerin from the prosecutin solicitor?

i guess what i want to be able to do is hold my hands up and say yes i should have dealt with the situation better, but the other guy is not quite the innocent party he is making out to be. Equally i dont want to incur the wrath of the court by defending my actions too much (after all i am admitting im at some fault here) and end up with a worse penalty. is this a realistic expectation?

just i've never been to court, no experience of this kind of thing at all so a little worried i'll fall foul of normal protocols as i cant afford a solicitor! cheers

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Tue 23 Apr 2013 14:46
ford focus - careless driving charge - FP

M'learned friend DVD will advise, but as I understand it you'll face a "bench" of three magistrates. The clerk is just that - in charge of paperwork, records etc. There is no jury.

You may well be faced by a solicitor (or, in theory, a barrister), though the kind of "hammering" you may get will not be of the dramatic kind you may imagine from higher courts, where there is a jury to convince.

And yes, you're right in not wishing to paint yourself as the total innocent here. But perhaps your actions were the result of unwisely responding to provocation or a genuine fear for your safety.

You may wish to speak to the duty solicitor at the court and get some advice, if you are going to represent yourself.

Edited by FP on 23/04/2013 at 14:58

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Tue 23 Apr 2013 15:59
ford focus - careless driving charge - boswell13

many thanks for this. I am starting to feel a little more comfortable with the whole prospect of court!

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Tue 21 May 2013 02:29
ford focus - careless driving charge - happy polo

I'm slightly perplexed by your account of the police action. You suggest that the other guy 'got there first' and that he is not being investigated? Surely if you have made a complaint it should be treated with equal importance as his complaint, it isn't a race to see who gets to the copshop first!? Even without his number plate it is clear that the two accounts are of the same incident, so why should one be taken to court and the other disregarded?

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Tue 21 May 2013 12:53
ford focus - careless driving charge - FP

It all seems to hinge on the fact that the OP changed lane and in fact caused the accident. I assume that he was hoping nothing would come of it and wouldn't have contacted the police if the other driver hadn't done so.

However bad the other driver's behaviour had been, a collision could have been avoided had the OP not taken the bait.

That's my understanding, anyway.

I wonder if we'll hear what happened in court?

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Tue 23 Apr 2013 11:06
ford focus - careless driving charge - FP

Proceedings in a Magistrates' Court (as DVD implies) are fairly informal, so there's no need to worry about the court itself. But you do need to give some thought as to what you will say. The last bit of your story about how the collision itself happened it seems to me is open to interpretation and doesn't look good for you. You will want to stress the other guy sped up on your inside (I assume), but the fact remains you changed lanes and the collision ensued (if I understand you correctly).

Best of luck with it.

Edited by FP on 23/04/2013 at 11:07

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