I Stopped Outside A Bar – There Was No Accident

Question:

Driving without due care and attention and failing to stop and give your name and address

Hello there,

I have to go to court for the following offences:

– driving a mechanically propelled vehicle on a road without due care and attention.

Contrary to section 3 of the Road Traffic Act, 1988 and Schedule 2 to the Road Traffic Offenders Act 1988

– failing to stop after an accident and exchange particulars/failing to report an accident to police as soon as reasonably practicable and within 24 hours.

Contrary to section 170(4) of the Road Traffic Act, 1988 and Schedule 2 to the Road Traffic Offenders Act 1988

The case is like this:

I was dropping off some friends in front of a bar and stopped there for a few seconds, and drove away. After two days my insurance company called to inform me there was a claim against me from a third party. They asked me ,whether I’ve been in front of this bar in 12.30 am, to which I said, yes, So I admit I was at the place when claimed accident happened but me and the passenger in my car, 2 other guys didn’t notice anything, that’s why I didn’t stop. After all I inspected my car and found a tiny scrach on my front left wing, which I did not know from where I got it. After a week, my insurance company sent me a letter that they already paid to the claimant, because he had two witnesses, and it seems more likely that its my fault. How they could do that, when I just said that I was on the place?

Why they did not send a inspector to inspect my vehicle? It’s obvious that if I have just a scratch. There wasn’t any impact. The third party is claiming damages, for rear bumper, rear wing and rear alloy wheel. How one scratch can do that? That’s ridiculous. I need my points, my driving licence is clear at the moment, but I am working in Mental Health Residential home and I need my driving licence to be clear. I don’t feel guilty, but I don’t know whether I have any chances, because normally we have his word against mine.

Please advise what could be the outcome, as it says those offences carry penalty points as well?

Dominic says:

You have a defence to failing to stop and failing to report the alleged accident on the basis that you were not aware of it. If your friends were unaware of any accident as well then that will help. You will need a statement from them to confirm that they were not aware of anything.

It maybe possible to get the CPS to drop these charges. If you get convicted of them then you will get between 5-10 penalty points and a hefty fine I’m afraid.

In relation to the allegation of driving without due care and attention I maybe able to get you on the driver improvement course if its only a minor allegation and if you are willing to accept that your driving was not good enough. Obviously you might not be willing to accept that and I maybe able to show the prosecution that they do not have a reasonable prospect of convicting you after seeing the witness statements and after taking a statement from you.



About Dominic Smith

With a comprehensive knowledge of Uk motoring law, Dominic is an invaluable member of the Patterson Law team his specialist areas include; - drink-driving - failing to name driver - failing to stop - failing to report - special reasons arguments
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