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Serious driving offence

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  • Serious driving offence

    Hello,
    This is my last way on how to get help for a friend. He has gotten into really unfortunate situation. Me being a good friend I am trying to help as much as I can, but it seems that it isnít going to end up good.
    The whole situation that he is involved was that he lent his car to a person he knew. On that day the car was involved into an accident. Unfortunately, my friend didnít have much information on the person who he lent his car to. He has been interviewed by the police and now he got a letter asking for him to appear to the court for the following reasons:
    1. Driving without due to care
    2. Failing to stop
    3. Injuring a pedestrian
    4. And the offence of a police office.
    This is not the official wording on the letter, but it gives a brief information. Everything seems clear he does agree that it was stupid of him to lent his car without getting much detail and he does accept the consequences of that. However, the fourth charge is something he does not agree as he did cooperate with a police officer at all times. These are the questions I have and if anyone could provide helpful information it would be really appreciated:
    1. If he plead guilty what charges could he face?
    2. Is there a chance of him getting into jail?
    3. If he gets to jail is there a chance of him getting deported instead?
    4. If he plead not guilty is there even a chance to get something differently?
    5. If he leaves a country before the court would he be searched internationally?
    6. Do the charges above count as motoring offence or a criminal offence?
    Information that is relevant to the questions: He is on a very low income so cannot afford a solicitor. He has 2 dependent children and he is not a British citizen. He holds different nationality.
    Tags: None

  • #2
    Hi
    I reckon that your best bet for this kind of case is to try http://forums.pepipoo.com/index.php?showforum=5
    They are more specialised in this type of situation.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Grievous bodily injury by careless or inconsiderate driving
      This offence carries a maximum sentence of five years' imprisonment and/or an unlimited fine. There is also a mandatory period of disqualification and endorsement.

      That sort of charge needs proper legal advice, not a forum.
      As it is criminal charge he may well qualify for Legal Aid, and so should at least look for a solicitor.

      Comment


      • #4
        Originally posted by des8 View Post
        Grievous bodily injury by careless or inconsiderate driving
        This offence carries a maximum sentence of five years' imprisonment and/or an unlimited fine. There is also a mandatory period of disqualification and endorsement.

        That sort of charge needs proper legal advice, not a forum.
        As it is criminal charge he may well qualify for Legal Aid, and so should at least look for a solicitor.
        I have done some research about that and the "Grievous bodily injury by careless or inconsiderate driving" is only in Northern Ireland. I will try to contact a few more solicitors. However, I have contacted one solicitor that told me because it is a motoring offense he cannot get a legal aid.

        Comment


        • #5
          sorry, but you didn't give much detail and did head it "serious driving offence"

          Anyway, although your friend was not the driver, presumably he has car insurance so he should inform his insurers.
          If he has legal Expenses cover it might include cover for legal costs following receipt of a summons for the alleged motoring offences involving his vehicle

          Legal Aid is available for the more serious motoring offences



          Comment


          • #6
            Some more information:
            When the friend did receive a letter regarding the accident. He called his friend and asked to explain however when it came to ask for more details the other person just hang up on him and switched off his phone. Then my friend did write everything on the form that requested the driver detail. On there he wrote that the car was lend and also wrote all the accident information that was told by his friend. Then few month later the officer came to his house to arrange for him to be interviewed. My friend was cooperating with the police officer. However, the police officer did postponed interview on the last minute three times (That's understandable as there are more serious things to work on). The interview was tapped however the police office said because my friend provided quite a lot of details about the accident it gives an impression as if he was driving. Now 6 months past the accident he got a letter asking to appear in court. This time I have the letter with me and here is the official wording of the offences:
            1) Drive a mechanically propelled vehicle on the road/ in a public place without due to care and attention
            2) Driver of a vehicle fail to stop after a road accident whereby the personal injury was caused to another person
            3) Driver of a vehicle fail to report an accident whereby the personal injury was caused to another person
            4) Wilfully obstructed police office on a constable in the execution of his duty (The date on this offence when he was interviewed)
            Also called a few solicitors that provide free legal advice. All they told me that most likely he will get quite a lot of points on his licence and fine. However, they also told me that there is a possibility to get a prison sentence. They cannot tell much as all the details will be available only on the day of court. As well as they told he can plead guilty and they will give lower penalty regarding his circumstances.

            Comment


            • #7
              A bit of a contradiction there: he "wrote all the accident information that was told by his friend" who when your friend "came to ask for more details the other person just hang up on him and switched off his phone"
              No wonder the police are suspicious as your friend apparently "provided quite a lot of details about the accident [so] it gives an impression as if he was driving."

              Comment


              • #8
                If your friend wasn't the person driving then he/she isn't guilty and a not guilty plea is the only way to go. It will be hard to nigh on impossible to be found guilty if your not there in the first place.
                Have a read of Rice v Connolly https://swarb.co.uk/rice-v-connolly-1966/ that could possibly sort out charge 4

                Comment

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