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Failing to report - mitigating circumstances

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  • Failing to report - mitigating circumstances

    Hello!

    In January I crashed my car into a parked car. There were a number of cars and because it was dark and raining, I couldn't see much. I was scared as never had a crash before - I called my stepdad who came to help me and we waited with the car for an hour whilst I waited for the recovery but nobody came out. We didn't have a pen or paper to write a note but I had planned to go back the next day. I suffer with depression and anxiety since my mum passed away last year so I didn't go back the next day, I knew I had 48 hours to report to my insurance company so thought i'd be okay. To be honest this was out of character for me but I was having a very bad day and didn't leave the house due to anxiety. The next morning I had a call from the police to say the person whos car i'd gone into had found me and was pressing charges against me (failing to report). My stepdad went to see the defendant straight away and told him we'd pay for it or pay for it through insurance depending on the damage. I told my stepdad that i'd report it to insurance straight away to avoid any delay and to reassure the defendant that i'd take responsibility for the damage. This was all sorted and paid for, however, I was still asked to attend a police interview. They told me they didn't think it would go to court but had to interview me anyway. I was fully compliant and scheduled the interview straight away. When I attended I told the truth and was very sorry. I didn't hear anything for 4 months then I got a letter summoning me to court ! 'Failing to report'.. i am going to plead guilty by post but just want to check if this is okay? I'm not sure whether to pay for a lawyer to write the letter or just do it myself? Any advice would be appreciated!!!!

    "I am pleading guilty to my first motoring offence and accept full responsibility for the incident. I regret not reporting it to the police straight away and realise this was very irresponsible of me. I have apologised to the defendant, Mr T*** C****t, and the damage to the vehicle has been fully paid for by my insurance company. I fully co-operated with the Police at my interview and told the truth. It was out of character for me to not be more efficient, however, I have been struggling with my mental health since the death of my Mother in 2010. I am dealing with this through bereavement counselling. I am truly sorry for what I did and understand the effects and consequences of my actions."

    Thanks
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  • #2
    You do realise the penalty for failing to report an accident is at least 5-10 points (if not disqualification) plus an unlimited fine &/or prison for up to 6 months?

    At your police interview were you informed you could have a solicitor present?
    If so did you waive your right because they told you they didn't think it would go to court?
    (For future reference never attend a police interview without a solicitor present... some police have been known to be economical with the truth!)

    I would suggest you consult a solicitor who specialises in motoring offences or at least rewrite that letter explaining in more detail what occurred and your state of mind at the time.
    Obtain a corroborating letter from your doctor confirming your depression and listing any medication you might be prescribed/

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