His injuries,bike,riding style etc are not for you to involve yourself with. Forget all that,you're barking up the wrong tree there. All you need to think about is the case against you. Do not incriminate yourself. If you plead guilty,you dont know what you could be holding yourself responsible for,yet. If you believe your view,stand by it. Noone here is in a position to speculate on that.

Don't you have legal cover as part of your insurance?

And I'm sorry but i don't think scrapping over petty details like "its his fault for having broken bones before" will do you any favours.

If its due care and attention, you have to provide them with evidence that you were in fact driving with due care and attention, and that you did everything that could be reasonably expected of you to drive safely.

Tell them you crept forward slowly, made sure you had checked it was clear before moving out carefully when he flew into you. Claiming the sun blinded you won't help much tbh. You will need to centre your case on proving you were driving correctly, and say that in your opinion it was the speed he approached at that caused the accident.

If you can prove he has previous convictions for speeding or dangerous driving then that will strengthen your case. "My mate says hes a nutter on his bike" won't count, but if you can get evidence from eyewitnesses or someone who has been involved in an incident with him before it may count. If he has a reputation with the local police for driving like a prick, see if you can get them to testify. If the police were present at the scene ask to see their notes and observations, and if any weren't made then this could work in your favour too.

Don't argue over minor details, your case will be strongest if you can prove firstly that you were in the right, and then secondly that it is highly likely based on his previous conduct, that the collision was due to the other party.

Just to add to above ^^^^^^^^

Remember the standard of proof in criminal legal proceedings is 'beyond reasonable doubt' - in order to convict you, the prosecution will need to prove beyond reasonable doubt that you were driving without due care and attention. Therefore, if you are able to present your case (as said above) concerning driving correctly and to the conditions at the time (and the caution you exhibited in this situation) then you will throw reasonable doubt onto their case and they won't be able to get a conviction.

You're a law student - go and look up the definition of 'Driving Without Due Care and Attention' in the relevant Road Traffic Act in Westlaw or Lexis Nexis.

I've read the first page and parts of the second.

I can not picture what you have actually done, at all.

Were you both driving along a road and you turned off the road and he drove into you?

Were you pulling out of a junction onto a road and he hit you?

Did you both pull out of a junction and hit each other?

Did you drive into him?

1 )If you were both driving on the main road, you in front, and you indicated to turn say right. You slowed and then turned right. The Moped continued at speed as if to overtake you but instead struck you, then surely that was his lack of due care and attention.

2 )If you were travelling in opposite directions and you turned right, across his lane then that was your lack of due care and attention.

3 )If you pulled out of a junction and he struck you that was your lack of attention.

If he was speeding then that is a different matter, prove that and either 1 or 3 could be pulled back into your favour. Either way scenario 2 will probably go against you, unless he was going really fast, which mopeds can't really do.

Ideally the eye witness must be in your favour for you to have a leg to stand on, the witness must have seen the accident and been reported at the time of the accident.

I met one of these so called eye witnesses the other nite at work, i ended up serving him, and he felt he had to make some sly comments about me and my driving whilst he was paying for his drinks. I then was not very happy at all and refused to serve him or speak to him, because i was under the impression i am not allowed contact with the witnesses? He then proceeded to tell everyone around him about what he saw etc, but i didnt stick around to listen. I did hear something about money however and i have my supspicions (but that is not a matter to be discussed on here) , and apparently the police rang him to ask him what happened?? Wouldnt he tell them at the time? surely the polcie dont just ring you and say oh btw you are a witness blah.

Quinny i pulled in front of him, but not because i wasnt paying attention and that is what i aim to prove when i finally get hold of a bloody solicitor, no letter from the CPS yet and i was told within 3 weeks for prosectuion, I'm almost at the end of my 3rd week. but I'm guessing they are in no rush and that suits me quite happily.

As I said before, although you don't really feel it's your fault to the courts it will look like it is. I am not saying plead guilty, fight it if you want, I wasn't guilty (there wasn't even a collision in my case, it was bollocks- simply some silly woman lost control of her MX5 and made up a story about me swerving in front of her, with a 'witness' who hadn't even been there) but wish I'd pleaded guilty in hindsight as the points and fine would've been much less.

Sometimes you just have to accept that the courts are biased against young drivers in most cases.

we are both young in this case tho. His mum put an article in our local paper about how dangerous mopeds are really and talking about his injuries last week. They have the smashed up ped!! they made out he narrowly escaped death, but its funny he can now come out in his wheelchair (apparently he still has an active social life outside the spar too) to cause trouble outside my place of work once where the polcie got involved, and the 2nd time him and his mates just sat there, and i was working at the time and had to keep seeing him wen i went outside for glasses and things.

Any update ?

Guilty or not :-D

Got a court date 2nd August.

Due unforseen circumstance...i.e no money for a solicitor, and no chance of legal aid I'm pleading guilty agaisnt my will, i just have no choice (i know the truth but anything for a quiet life). But i will be making it clear in my plea why i am pleading guilty, and its not because i want to.

Thanks for everyones input good and bad. I stuck between a rock and a hard place, and at the end of the day i wont be driving much over the next 4 years (uni), so by the time I'm ready to drive full time again points will be cleared etc

Edited 23 July, 200719 yr by Pink_Diamond

What a pile fo sh*t. I was told the jduge wouldnt be told the extent of injuries, the guys statemnet was a pack of lies, made him out to be a goody two shoes. Only 1 witness statement was read out (his mate!!) and there was supposed to be 2 or 3, my statement was never read out. And funnily enoguh his statemnet and his mates statements were almsot word for word. In fact i just think the names were changed. They did not tell them i was the one who rang the ambulance, checked his was ok, the lad said i was too busy crying about my car!! and that when i said i was fully comp i basically said it was ok!!! Grrr!!

I got 9 points!!! So prob guna have my licecne revoked depsite me having letters to state that if i lsot my licence i would lose my ojb, and also that i am disabled and need my car to get around!!! I got £100 fine due to being a student but was told if i was i would pay full whack, and if they could make me pay compensation they would!!!

No i dont want i told you so comments!!!!

That sounds unfair. Your fault or not you should be given equal rights in a court.

I'd definately appeal that.

me too

Oh I'm appealing, even if it means deffering uni for a year to raise the cash for a solicitor, I'm not been branded a danger on the roads when this lad ges away with making out his is traumatised yet can still play football and cause trouble for me.

Question, sounding your horn to acknowledge your mate is illegal right?? Because in his statemnet he said he did that, and his mates statement also says he sounded his horn i think becuase he recognised me!!

I was made an example of in the worst possible way. If the legal system is willing to let disabled drivers have thier licences revoked what hope does anyone else have? My god I'm glad I'm starting a Law Degree, i may speicalise in this type of thing now!!

Edited 3 August, 200719 yr by Pink_Diamond

so what happened mate, this all sounds like horseshit (on the law's side)

I was screwed over by a chav and the law basically. Court was the worst experience of my life, had to sit in the dock for 20mins while they decided my fate..so nerve destryoing.

Everything i was told by the traffic officer was lies, i was told his injuries wouldnt be read out so the judges couldnt discriminate, but his statement listed every last scratch he got. His mates statement was the same only with a different name. I didnt have a solicitor becuase i cant afford one so no one to defend my corner, and this lad is now laughing as he is sitting pretty on a tidy some of cash after telling a pack of lies, and i will soon have no licence, no job, and my health will prob soon be in very bad shape due to having to walk to buses etc. Cant afford to start retaking test etc due to being unable to work due to ill health.

I was never cautioned or arrested, just straight prosectuion 4 months later. And i ws told by the police themselves worst case scencario for my first offence is 3 points and a small fine. I have never even had parking ticket or been spot checked!!

I'm not rolling over and taking this, no way.

9 points, and i thought i was screwed over by getting 7. You were told everything i was told, I was told that no one in my accident got any serious injuries and that i would at most get 5 points and a £60 fine.

If i remember rightly you have 7 days from the court case to appeal but I was told when i wanted to appeal that it could take months to get going and the DVLA can still take your license even if you are appealing.

But i think you have been mistreated badly here and i wish you the best of luck if you go and fight the courts about it.

Thats all a crock of shit mate (excuse the Swearing) no way was that your fault dont suppose you have any cctv of the bloke causing trouble outside your place of work as that would go in your favour proving that he is a trouble maker.

no we dont have cctv, but the plice were involed so they may have taken his name. I mean i had to take liability for the accidnet so it was my fault (shcoked hysterical me started apologising as soon as i got out there car!!duh!!), but i double checked and he wasnt there. How is double checking not paying attention?? And how can someone who has just honked his horn and waved at his mate be paying attention either??

You cant even drive at bloody 5mph these days.

I now need to put my detective skills to work and hang around in bushes getting proof he is milking it.

The only thing that worries me is that this is already now on my record for applying to legal jobs, if i go and fight the courts too thats going to look even worse.

Edited 3 August, 200719 yr by Pink_Diamond

I was screwed over by a chav and the law basically. Court was the worst experience of my life, had to sit in the dock for 20mins while they decided my fate..so nerve destryoing.

Everything i was told by the traffic officer was lies, i was told his injuries wouldnt be read out so the judges couldnt discriminate, but his statement listed every last scratch he got. His mates statement was the same only with a different name. I didnt have a solicitor becuase i cant afford one so no one to defend my corner, and this lad is now laughing as he is sitting pretty on a tidy some of cash after telling a pack of lies, and i will soon have no licence, no job, and my health will prob soon be in very bad shape due to having to walk to buses etc. Cant afford to start retaking test etc due to being unable to work due to ill health.

I was never cautioned or arrested, just straight prosectuion 4 months later. And i ws told by the police themselves worst case scencario for my first offence is 3 points and a small fine. I have never even had parking ticket or been spot checked!!

also if you fight something thats be wrongly put on you thats not going to look bad, it means you wont take any shit

I'm not rolling over and taking this, no way.

i wouldnt mate, as it was first offence it shouldnt be this severe anyway, and then for them to break the "unwritten" promise that they wouldnt mention injuries and then did is out of order. i dont know what you can do, but do something lol

Edited 3 August, 200719 yr by DubGarry

Oh I'm appealing, even if it means deffering uni for a year to raise the cash for a solicitor, I'm not been branded a danger on the roads when this lad ges away with making out his is traumatised yet can still play football and cause trouble for me.

No chance you can get legal aid?

nope, couldnt get it for the actual case. nevermind appealing lol

Mate fight it, this country and its judicial system drives me crazy, fight it with every mortal force you have. Tbh I've read through and you seem like an honest chap so I'm backing you. Keep us updated on here. theres alot of decent hard working people in this country but some let it down and it's a shame alot of them, to me, appear to be part of the law. I've paid my taxes, I've paid for you time in court so I say fight. If you want to fight the power get the power to fight! I hear your a law student, so a common interest in this matter should come easy. Do your homework, put a case together and win!

Simon

I'm sorting out my case this weekend, writing all my letters, gathering my own evidence, pieces of the law etc that is on my side i.e. with my guilty plea they shouldnt have even read out the witness statements, and i should have been cautuioned for the offence. And basically guna fight it through to the end. I have been told by family and friends by no certain terms is money going to be an object if i do fight it. So if anyone in the northwest can reccomend a good motoring offence solictior i would be grateful. I had my 1st years tution saved up and i think i am willing to sacrifice it to clear my name.

The only thing that looks bad on me is i pleading guilty....but i had no choice, i couldnt plead guilty to a lesser charge and at the time of going to court i had been told by many solicitors to plead guilty or take a harser punishment....i got the harsher punishment anyway.

You get less points for killing someone....a guy i know got 4!! he had only been passed a month when he did it. Not that it has anyhting to do with my case as they are all different but its like a wtf why is the law so messed up.

Just a quick one on this. Go to this sitePepipoo

There is lots of help on there. They can tell you about case law and all of that good stuff, you will have to register though.

HTH

For the record I think you were really badly done there.

Fight on.