Basically the policeman said i will prob end up in court over my accidnet for Driving without due care and attention...i stated in both statements that i did double check before turning however the sun was in my eyes, so i was paying bloody attention!! Anyway they have also found some random witnesses from nowhere (convenient) and they back up my story of how slow i was going, but they couldnt be sure i checked or summat gay like that so its up to CPS but not looking good for because he has multiple serious injuries (Moped vs Car, its inevitable but anyway) I'm think I'm going to plead not guilty as i dont believe i should be prosecuted on the basis of no evidence to prove i wasnt paying attention..

Anyone been in this situation?? I'm getting legal advice, but basically i have nothing to lose if i plead guilty or not because even if they find me guilty its the same outcome if i just accept in the 1st place.

I'm not willing to plead guilty unless they come to me with concrete evidence becuase i know i was paying attention, I'm always alert on the road due to the number of idiots on it..it was just bad weathe...it would be the same in terrential rain I'm sure.

Edited 2 August, 200719 yr by Pink_Diamond

Only thing i can say to u mate is that if you plead not guilty and they dont have the evidence they will either let it go or gather up more, it could end up going to a trial and if it does you could end up being found guilty (even you u may not be) and having to pay court fees.

If its the same outcome for just accepting why dont u just do that and get it out the way?

i have the same sorta thing going on wiv an assult case.

It would be easier to just accpet it, but would u accept a speeding fine if it wasnt you? no? so its the same type of thing...only a bit more serious sort of. I don't believe I'm guilty and if theres a small cahcne a jury will see my point of view then i will do it, Surely when i pay my legal fees for my insurance that would include court fees?

It's not the same type of thing as there is no evidence (i.e. a speeding photo)..it's just your word against theirs surely? I had a 'due care/DC10' court case several years ago, there had been no collision it was just a matter of some stupid bint blaming me for her crash, which I didn't cause.

You won't have a jury, just 3 magistrates probably and they will make the decision. Court frees are seperate, I couldn't get legal aid so had to represent myself instead. Needless to say it was pointless as I was a young driver so they found me guilty regardless, despite the accuser and her 2 witnesses not even being able to get their stories straight plus hardly any evidence.

If you have a clear licence I would recommend pleading guilty and seeing if you can do an awareness course which will leave you with a clean licence afterwards, costs about 100 quid and takes a day iirc. I wish I had, standing up for myself and my principles cost me 5 points and a £240 fine for something I didn't even do, would've done better to plead guilty.

i got stopped on xmas day last year for "dangerous driving", i skidded on a wet road, didnt cause any damage or accident, but the copper hadnt put any signs out indicating that there had been an accident ahead, and he was parked behind a verge, so i couldnt see his car.

nothings happened yet which is good.

they cant prove that you werent paying attention, and you cant control where the sun is, why dont u ask if the injured person was wearing a reflective jacket or any bright colours, or anything protective apart from a helmet, that might slow them down, because it's mainly their fault for no making themselves be seen or bieng adequately protected

The biker was dressed in grey not refelective clothing. I'm not allowed to take the course instead becuase somebody got injured, i already enquired about that. Yes it my word against..well i dunno because the guy i hit in prosecuting that i know of, its the police. but talking to a copper at work 2nite he says he drives like a nob on his bike and a few people have seen him lose control after sppeding!!! I was paying attention and i want to clear my name on priniple, yea sure I'm guna get a fine and points but if theres a remote chace i may not to srand up for myself, my driving record is completely clean and i hae pass plus on my side, the other guy has a few accidnets on a provisional and is still a learer who said he could have been going at 35 but they cant prove it..there fore why didnt they measre the road properlyl, and why isnt he being done speeing?

How can you plead not guilty?

you pulled out infront of the moped no?

So it cant of been there fault, so it has to be yours?

Perhaps you mis understand jez, I'm not being prosecuted for accident fault, that has been established, its the fact that they believe i was driving without due and attention, something which i dont agree with. How can the sun not be paying attention, i did double check i just couldnt see end of, at least i checked and proceeded at a slow speed, i cuda took it in 30 with my eyes closed, but I'm not stupid. And I'm still sceptical about blame after talking to a copper the other nite who lives on the same street as the lad and says he knows he drives like a nob, and that its more than likely rent a witness coz his dad can afford.

I'm guessin u wer coming out of a side road, so was the person on the moped riding with their eyes shut to not see you edgeing out??

I'm always cautious wen someone approaches a side road, common sence aswell!!

No i was on the same road as the moped, indictating to turn, but because of the positioning and the sun i just didnt see him, it wasnt because i didnt check, it was the simple fact he came from nowhere if that makes sense, i didnt see him because he was in a sun spot

He was on a moped for god sake, oh and i almost hit some bloke off a really nice bike coz i cudnt see him today at lunch. I stopped to appologise but he said not to worry coz there was no way i cuda seen him in my left mirror, he even saw the sun beam in my wing mirror

i dont understand you are last post...forgive me for being dumb but is that your way of saying you understand or was that meant sarcastically? Its been a loooong day lol. Rang my insurance today to give the details i final got of his today and can u believe they if i had a number i could contact him on to find which branch deals with his policy and if i get the number can they have it!! Oh yea I'm off to the pub with him 2nite, and of course i will do your job for you!! Idiots.

Id say fight it, i got charged with racing and dangerous driving for being asscoiated with a group of cars that were goind fast and then overtaking a car when i wass alone about 4 miles later. Plead not guilty and got done with careless driving CD30 on the basis of driving to close to the car in front when they had no evidence!!! I know thats not an encouragement but if i had plead guilty i would have got a ban for dangerous driving but i got 6 points and a 250 fine insted.

at the same time the boy i overtook was also in court charged with the same thing, he got let off. On the day of court 1 copper couldnt make it and the other had got his notes wrong but i had a noteriously bad copper, fight it, the worse you will get is a bigger fine and you will prob get legal aid if you arent earning more than 16000 i think, maybe englandshires different tho.

I'm a student, i dont know what £16,000 is lol, unless you are talking about how much uni accom costs these days lol

not being a **** but.

the crash was your fault.

your pulling out so its your job to make sure it was clear.

you either didn't see him, therefore due care, or you saw him and pulled out anyway.

to be honest you stand little or no chance of winning the case so just bite the bullet.

i didnt just pull out of a junction, i was on the same road as him, for gods sake is it my fault it was a sunny day? i may just take a pic of the road on a sunny day just to prove my point. AN d yes before any clown trys to point it out my sun visor was down just wasnt that useful. and fair enough if they want to blame the accident on me just coz they cant be arsed investigating it, its only black or white with the police no grey area like my accident. And if the local copper can see its a big screw over what does that say?

i didnt just pull out of a junction, i was on the same road as him, for gods sake is it my fault it was a sunny day? i may just take a pic of the road on a sunny day just to prove my point. AN d yes before any clown trys to point it out my sun visor was down just wasnt that useful. and fair enough if they want to blame the accident on me just coz they cant be arsed investigating it, its only black or white with the police no grey area like my accident. And if the local copper can see its a big screw over what does that say?

I think your forgetting how it looks, which is what the CPS see. You know what the truth is but you have to convince everybody else. At the moment it very much looks like your fault.

unless you can prove yourself innocent your gna get found guilty

True, but thats why if the CPS want to prosecute i want to fight it, I'm not the kinda person to get walked over. And hey if it all goes badly i can call it experience for my legal career.

Buy some sun glasses.

Thats the first thing i did the very next day

Good stuff. I still need to get some. Sun can be really bad later in the day. Worst in winter when the roads are wet as well at rush hour.

suprising i dont mind winter, I'm weird i love watching windscreen wipers. well i would recommend where i got my sunglasses from but it was a girls shop

I also think you don't have a case for pleading not guilty. They'll simply ask something like "Are you 100% there was nothing coming when you pulled out?" your answer will be "No, the sun was in my eyes", to which they'll no doubt reply "If you couldn't see the road, why did you pull out" blah blah.

I'm interested to see the outcome.

And yes, as Tav said, it gets pretty impossible to see properly up here when the sun is low and it's wet.

no its not that simple, they may ask that yes, but i can say i was 100% sure when i DOUBLE checked, but then as i started to turn the sun blinded me, and not being funny but unless you see the junction the way i was facing as i came to it you dont understand how he could have come from nowhere at the last 2nd, he could not have been on that road as i checked but as i started to turn appear coz its a bloody short distanmce to the other end with it being a cul de sac, and him doin max speed. And i turned into the other road slowly, so i did proceed with caution becuase of the weather. I'm guna organise a bloody meet to the accident spot just to prove my point in a minute. There is a huge bush with a spar car park behind that he could of shot out of, and no matter how much i look i cant see through bushes

no its not that simple, they may ask that yes, but i can say i was 100% sure when i DOUBLE checked, but then as i started to turn the sun blinded me, and not being funny but unless you see the junction the way i was facing as i came to it you dont understand how he could have come from nowhere at the last 2nd, he could not have been on that road as i checked but as i started to turn appear coz its a bloody short distanmce to the other end with it being a cul de sac, and him doin max speed. And i turned into the other road slowly, so i did proceed with caution becuase of the weather. I'm guna organise a bloody meet to the accident spot just to prove my point in a minute. There is a huge bush with a spar car park behind that he could of shot out of, and no matter how much i look i cant see through bushes

so the moped came screaming out of bush, at max speed and crashed into you?

so surely the accident fault should lie with him then? and not you?