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The car has not been photographed etc as i understand it - someone gave a part reg and a description. He has not filled in a s172 as far as we are aware (though as no copy was kept it is possible). The prosecution rely on witnesses. If the OP can prove he was elsewhere at the time of the accident then this is mistaken identity and should of course be a not guilty plea. If it is possible he was driving and did cause the accident then he needs urgent legal advice from a specialist, not a rushed duty solicitor on the day of first appearance in a GAP court...
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.The prosecution rely on witnesses
Are you seriously suggesting that the police would rely on witnesses to identify the driver of a moving vehicle, and then lay quite serious charges (two of them imprisonable) against that alleged driver on that sole basis? They have (what they think) is the correct registration number of the vehicle involved so they would either issue a s172 request to the Registered Keeper, or at the very least interview him. If you are correct the police have, at best, an identification of a person driving a car, made from a fleeting glance by somebody seeing the car knocking a rider off his bike. If that really is the best they have then the OP has every chance of acquittal (and I would be very surprised if the police or the CPS would proceed to charge on that basis). If the police have charged him without either a s172 admission or an interview where it was established that he was the driver I cannot see any reasonable Bench recording a conviction.
Speculation about what has happened is a bit pointless without knowing what evidence the police have (particularly with regards to the driver's identity). Perhaps the OP can let us know what is in the evidence he has been served with.
BTW, he would not be in a GAP court unless he had indicated a likely guilty plea.
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Grandmother and sucking eggs! BTW this is a forum where we all give our views and how we see a situation. You have mine. We now have yours. We can rely only on what we have been told. It is not a "fleeting glance" but it is an incomplete registration. Read the earlier posts for further info.Comment
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I've read all of the earlier posts. I'm not talking about the registration number. I'm talking about the identification of the driver. Nowhere is it mentioned that any of the witnesses saw anything of the driver before the collision so could only have seen him after the cyclist had been hit and the OP had driven off. I'd call that a fleeting glance, but it doesn't really matter. If you are correct, the identification must have been made by either the cyclist (who was in the process of hitting the road) or one of the other witnesses. As you say, we can only go by what we're told and commenting without knowing how the OP responded is speculative. But we're we're told that he was not interviewed nor did he provide an unequivocal written admission that he was the driver. If that's the case it's a very odd basis on which to prosecute someone for a series of driving offences.Comment
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OP wrote:
2 witnesses and the 3rd being the party involved. I have called my insurance and they put me through to the legal department and says someone should give me a call later. 1 of the witness statement goes as far as to state that i slowed down, turned my head to look at the damage i caused and then sped off. i don't even know how i feel about this person as i'm trying not to stress myself out.
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In the letter, it states no evidence including CCTV apart from witness statements available. It advises i can plead guilty by post or in court and also i can plead not guilty by post.
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The party also stated that they never caught my license number and it was someone else that gave it to them so can't say it's 100% correct.
Hence my stressing that if the OP can show he was elsewhere at that time it will be vital! I stress again he needs to sit down (face to face) with a GOOD road traffic solicitor and discuss.Comment
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So 'who gave it to them' (the reg number) and what did that person witness?
Why didn't they give a Witness Statement?Comment
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I believe the witness statement contains the registration information given by a 3rd party?Comment
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My previous post refers to the 3rd party, why be elusive? when they can corroborate / back up what the other Witnesses has said in their statements and identify the vehicle himself or herself.Originally posted by islandgirl View PostComment
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Yes good point! It seems they did not provide a statement. Perhaps they were of the "I don't want to get involved" variety?Comment
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Could be, definitely something that needs investigating.Originally posted by islandgirl View PostComment
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Clearly the OP needs to sit down with a good experienced solicitor as I have said a few times now and discuss options.Comment
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Thank you guys for your responses. I thought i should update you that after speaking to my lawyer an hour ago, he said it will be difficult to get a not guilty verdict for the charge of driving without due care because the cyclist has 2 independent witnesses but it will be up to the prosecutor to prove that i was indeed aware of the accident and failed to stop & report it. Honestly, i have been trying my best to not think about this. I filled out my exponse form? this evening stating what i earn and what my outgoings are and if i have savings. I just hope i dont get slapped with too high a financial penalty because my leftover every month is less than 200 and my savings is a help to buy ISA. I will go with pleading guilty to driving without due car and not guilty to the other 2 charges. I hope i'm not shooting myself in the foot by doing soComment
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The statement doesn't say whether the person that gave my registration is 1 of the witness or another personOriginally posted by echat11 View PostComment
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Before you enter your guilty plea, the identification of your car is not the issue. Did your solicitor mention what evidence the police have to prove that you were driving? Have you ever confirmed (in writing or in interview) that you were? Do any of the witness statements mention that they identified you? I raised this earlier but it was never really addressed as far as I can see. The closest I can see is in post .#8 where you said you'd filled in a form which asked who drives the car, etc. Did that form ask specifically who was driving it at the time and place in question?Comment
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