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Our client instructed previous solicitors in relation to allegations of driving without due care and attention, failing to stop and failing to report.

They advised her to plead guilty, she came to us for a second opinion..

The circumstances were that she had tried to drive out of a parking space and as she did so, she made contact with the vehicle parked next to her.  The angles to move out of the space were tight, which made it difficult to manoeuvre.

Our client pulled out of the space at low speed and was looking out of her (wound down) window at the time.

The contact between the vehicles was minimal and as soon as our client realised she couldn't get her vehicle out, she telephoned her parents.  Our client is a new driver.

By the time her parents arrived our client had manoeuvred her vehicle out of the space but knowing contact had happened, her parents inspected both vehicles for damage.  There was a small dust mark to the other car but when this was rubbed by them, it disappeared.

No one approached our client whilst she was in the car park regarding the other vehicle and her parents advised her that, as no damage had been caused, she did not have to report the matter to the police.  Our client drove off, satisfied no damage had been caused.

Our client was advised by her previous solicitors during the proceedings that it would be unlikely any of the allegations would be withdrawn by the prosecution.  Our client was advised that the most likely outcome was a guilty plea to one of the offences and negotiating to get the other offences dropped, if not she should plead guilty to all three allegations! Putting herself at risk of 5-10 penalty points on her new licence.

Our client was also advised to offer to pay for any damage caused as a result of the collision.  This advice was despite the fact that our client did not accept she was guilty of any of the allegations and she therefore approached us for a second opinion.

We advised our client that in relation to the due care allegation, her standard of driving had not necessarily fallen below that of a competent and careful driver and that she should plead not guilty. She had driven carefully and slowly and the very minor contact could have happened with an experienced driver at the wheel. Minor bumps and scrapes happen everyday of the week. If every incident resulted in an accusation of driving without due care and attention the courts would deal with nothing else!

In relation to failing to stop and failing to report, the burden to stop and report can only be placed upon an individual if damage is caused to a vehicle belonging to another.  As our client did not accept any damage had been caused, she had a defence to both allegations.  Further, our client did stop at the scene for approximately 15 minutes after the collision.

We prepared our client's defence thoroughly and robust representations were made to the CPS.

The CPS agreed to withdraw all three allegations!!

This was a great result for our client.

We are happy that we were able to help our client from losing her hard earned licence over a very minor bump in a car park...!