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Discussion Starter #1
The wheels of justice move slowly I think the saying goes, found out today some good news though, the Police have charged the bitch with "driving without due care and attention", she now gets the option of pleading gulty by post or going to the magistrates court, if she pleads guilty either by post or in court I will get 100% damages, court is set for end of this month, if she pleads not guilty it will proceed to crown court where I and the witnesses will say what happened and if she is found guilty there then who knows, Either way things are at last happening.
 

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DD - glad to hear things are "moving along". I don't begin to comprehend the Crown's justice system, but I don't claim to understand our own either. I doubt that yours can be slower or more capricious! Anyway, I hope things continue to go your way.

Cheers, mate!
 

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Court

DD;
In the British court system if she pleads not guilty and is found guilty by the court does she have the option to appeal the verdict to a higher court like it is here in the colonies????????

Prof. Mike:confused:
 

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Good luck with that Doodle; I know it isn't moving as fast as what you would like but as you said; at the least the wheels of justice are turning. You'll be on the Bonnie soon enjoying the ride once again!:D
 

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Discussion Starter #7
DD;
In the British court system if she pleads not guilty and is found guilty by the court does she have the option to appeal the verdict to a higher court like it is here in the colonies????????

Prof. Mike:confused:
Hi mate its a bit of a mistery to me as well, as far as I know, the police investigate, if they have a case it goes to another organisation "crown prosecution service" who say whether it can go to court or not, if they say that there's a good chance of wining and the evidence and investigation is sound they give the go ahead, it then goes to a magistrate court, they can look at the evidence and find guilty or not guilty, if she is found guilty she faces possibly 3 to 9 points on her licence and a large fine as well as a driving ban, if the court cannot decide it goes to a higher court, crown court is where the injured party and also the witnesses are cross examined, she can avoid all this by taking the option of changing her plea to guilty at any point, she then may be given points etc or she could pay to go on a driving improvement course where she would avoid everything points cost the lot, she could not do this however if she already has points on her licence, I think thats it, any UK law experts help me out with this description?
 

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Keep peddling doodle. What comes around, goes around. You'll be right in the end :)
 

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DD, If the Police have charged her then I reckon she`s done for... they would`nt waste time on a lost cause.
Best of luck anways:D
 

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Your solicitor is the best person to advise you on this, DD. Are you sure they have only charged her with careless and not dangerous driving? To the best of my recollection if they've charged her with driving without due care and attention ('careless driving' as its generally known) then it won't go to the Crown Court. Not my area of practice, but my recollection is that this offence is only triable summarily before the Mags Court. If she pleads 'Not Guilty', then the mags will have to hear evidence from the Crown's (and if she has any, her) witnesses. If the Mags couldn't decide that the offence had been made out on the evidence, then she'd be entitled to an acquittal, not a referral to a higher court.

Penalty on conviction is 3-9 points, up to a £5,000 fine and discretionary disqualification. The Driver Improvement Course, as I understand it, is only offered by the police as an alternative to referring the matter to the CPS for prosecution. If the police have already sent a file to the CPS in this case, then, if my understanding is correct, the Course should no longer figure as an option.
 

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without wishing to disparage DD, or play down the incident it does sound more like a case of careless driving, Dangerous is more usually restricted to people speeding, swerving in and out of lanes, undertaking, overtaking on blind corners and the like,. This seems more like a reasonable manoeuvre undertaken with an unreasonable lack of observation.

Due care and attention.
 

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Discussion Starter #14
Your solicitor is the best person to advise you on this, DD. Are you sure they have only charged her with careless and not dangerous driving? To the best of my recollection if they've charged her with driving without due care and attention ('careless driving' as its generally known) then it won't go to the Crown Court. Not my area of practice, but my recollection is that this offence is only triable summarily before the Mags Court. If she pleads 'Not Guilty', then the mags will have to hear evidence from the Crown's (and if she has any, her) witnesses. If the Mags couldn't decide that the offence had been made out on the evidence, then she'd be entitled to an acquittal, not a referral to a higher court.

Penalty on conviction is 3-9 points, up to a £5,000 fine and discretionary disqualification. The Driver Improvement Course, as I understand it, is only offered by the police as an alternative to referring the matter to the CPS for prosecution. If the police have already sent a file to the CPS in this case, then, if my understanding is correct, the Course should no longer figure as an option.
sounds right to me as I said I really dont know, anyway got confirmation today direct from the police and they confirmed the bit where she can plead guilty before going to court.
 

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If she does get fined, do you get the money? or do you have to do a take her to court privately to get some compensation?

Pleased your feeling better though:D
 

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Discussion Starter #16
If she does get fined, do you get the money? or do you have to do a take her to court privately to get some compensation?

Pleased your feeling better though:D
My soliciter will go for 100% damages from her insurers if she is found guilty, thats what insurance covers you for, that is material loss such as bike kit loss of earnings since accident +all my expenses from parking to medical prescriptions, then there is other loss all the pain etc as well as loss of potential earnings effects of injuries, all sorts of stuff, but no the government get her fine money. Again its all a bit of a mystery.
 

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:( A very similar thing happened to me 20 years ago. Hospital for 6 months, and off work for 12. The woman denied any responsibility right up to the date that the case was due to be heard at Crown court. She then caved in and the case was settled out of court. All this took just over 3 years, so don't hold your breath. I hope it all works out in your favour, and you receive substantial compensation.
 
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