NIP and summons on the same day!!!

Discussion in 'Driving/Incidents/Roadrage' started by W210 Fan, Jul 30, 2008.

  1. W210 Fan

    W210 Fan Hardcore MB Enthusiast

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    Been a naughty boy, NIP for 75 in a 60, possibly 3 points, already have 6!! Also got a court summons for an offense in Jan of this year, a simple paint swapper with the other party being in the wrong, they got to the Police before I did so I look like the guilty party, just been on the phone to some solicitors I used last time and their fees seem to have jumped from £600 a day to £2-3000!!

    can anybody offer any advice or recommend and solicitors, I agree there is not much case evidence to go on above but then I cant put that on the internet...
     
  2. crockers

    crockers MB Club Veteran

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    Does your household or car insurance offer free legal aid / advice?
     
  3. OP
    OP
    W210 Fan

    W210 Fan Hardcore MB Enthusiast

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    hmmm will check when I get home...
     
  4. Dieselman

    Dieselman Banned

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    How have the Police and CPS come to the decision to prossecute you after your accident if it was the other parties fault?

    They would require corroborative evidence e.g. impartial witness statement, or undeniable evidence, before they could progress this.

    If you are sure you are not in the wrong you just need to read up on the highway code and traffic law.
    If you are sure you are in the right you can sucessfully defend yourself or use the duty solicitor at the court.
     
  5. Spinal

    Spinal Hardcore MB Enthusiast

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    I had a bit more than a "paint swapper" two years ago, and the biker than rammed into my side ended up with a broken ankle when his bandit landed on him...

    Like you, I ended up in court (I was there for driving without due care and attention, a prosecution I'm told is very hard to be proved innocent). I was stupid and relied on a friend's father for legal support and a few days before the court case I found out he was going to be in Korea on the day of the court case...

    Desperate, I posted for help on here, and ended up calling these people
    http://www.motoringlawyers.com
    they said that it was a little last minute and they were all busy, but that they would call me back. A few hours later they called back (quite late by then... 8/9pm if I remember well) asked for details on the case, asked me to email a scanned copy of anything I had, including any pictures, text etc.

    Went to court 2 days later, found a friendly m.a. lady waiting for me. We chatted a bit and I showed her the junction I had had my incident (on google earth) she liked the idea (and we eventually showed map on google earth as the photocopies that had been officially submitted as evidence were worthless).

    A few hours later I was a free man, with a clean driving licence, no convictions and a MUCH lighter heart (and wallet)! I got charged £1,000+VAT most of which I had to pay in advance - but I did get awarded costs so I ended up paying about £100. (The court didn't award the full costs, it was about £100 short).

    I would recomend them without blinking an eye - their website is horrible... but they know their job!

    Michele
     
    Last edited: Jul 30, 2008
  6. st13phil

    st13phil MB Club Veteran

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    In simple terms you're going to be on 6 points (current) plus 3 points for the 75 in a 60 + ? points for the "simple paint swapper".

    Have you been summonsed for an offence carrying points? I ask because if "?" >= 3 and you're found guilty then you're going to be taking the bus to work for a minimum of 6 months unless you can convince the court that this would cause exceptional hardship.

    You need to find a solicitor specialising in motoring law. Last year a friend of mine used Robert Dobson at Pryce Woodrow & Co who he found to be extremely helpful and gave excellent advice.
     
  7. flango

    flango MB Club Veteran

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    Try these Mr Loophole himself Nick Freeman http://www.freemankeepondriving.com/

    For £99 per year you can get unlimited telephone support and advise, It has always worked for me had a 105 mph speeding prosecution dropped and excellent accident advise that ended up winning the claim, damages, costs, and all hire car costs. well worth the money you can even get Nick to defend you in court but I think you would need deep pockets for that. I think with their advice and a bit of homework you might be able to defend yourself
     
  8. OP
    OP
    W210 Fan

    W210 Fan Hardcore MB Enthusiast

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    without wishing to go into too much detail on what is an ongoing case I have been interviewed by the Police and I assume the other party have too, the CPS have then decided I was at fault as I am off to court,

    outline-

    driving in the outside lane of a dual carriageway, straight across a roundabout and joined the outside lane of the next dual carriageway, indicating all the time as I hate people who dont indicate!!, a yellow Ford puma then tried to get into the bit of road I was occupying, I assume they thought I was turning right being in the lane I was in, checked with solicitor and it is fine to being in the lane I was in and be doing what I was doing, the puma and I came very close, there was some justiculation and I drove home not wanting to stop and get beaten up by the large bloke in the car, got home and found yellow paint on my red audi, thought oh we did touch, came off with my fingernail and thought nothing else of it until some paperwork arrived in the post...
     
  9. OP
    OP
    W210 Fan

    W210 Fan Hardcore MB Enthusiast

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    dont mind riding around on 9 points as 6 of them went on either 01/02/06 (offence) or 10/05/06 (conviction) so license should clear up a bit, assuming I dont get banned/more points while at court
     
  10. OP
    OP
    W210 Fan

    W210 Fan Hardcore MB Enthusiast

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    spinal - what cost 1k?? the solicitors?
     
  11. Spinal

    Spinal Hardcore MB Enthusiast

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    That changes matters a bit... IMO you need professional legal advice. Fast.

    My guess is that the prosecution will rely on the "driving away from an accident scene without stopping" bit rather than the whole "what lane you were in". Get a good lawyer, explain everything to them and trust them.

    Michele

    EDIT: yes, the solicitors cost £1,175 (£1000+VAT) - but after being awarded costs I ended up paying something like £97/£100
     
  12. flango

    flango MB Club Veteran

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    Without wanting to air this too much in a public forum did the contact occur on the roundabout or on the dual carrigeway as that would change the perspective and the way a magistrate would look at it
     
  13. OP
    OP
    W210 Fan

    W210 Fan Hardcore MB Enthusiast

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    I agree they will use the driving away bit to rape me, driving away from what though, I didnt realise there had been an incident until I got home, then I thought I could go to the Police and say I have some yellow paint on my car from some bird in a yellow Puma somewhere in Maidenhead, I didnt bother as I didnt want to waste their time, looks like a bad decision on my part,

    what annoys me is that for £50s worth of paint this has spiraled out of control, this will cost the tax payer how much???
     
  14. OP
    OP
    W210 Fan

    W210 Fan Hardcore MB Enthusiast

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    I have been shown the evidence from the other party, they are claiming it happened on a roundabout and their was two of them in the car, I am claiming it was on the dual cariageway and therefore their fault, the passenger in the car I am informed cant really be used but it is my word against theirs and they look better as they reported it and I didnt,
     
  15. Dieselman

    Dieselman Banned

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    If you are SURE about the road layout and that you had right of way then there probably isn't much to worry about..apart from your indication to turn right. That is an incorrect signal to make.
    However, it is also incorrect for another party to act purely on your indication.

    How did the Puma come to be in the same lane, where did it come from, did it change lanes, was it speeding, did you see it at all (bright yellow puma so be careful here.).?

    I had someone change lanes into the side of my car on a roundabout, but they didn't realise they had changed lanes. (their lane discepline was terrible).
    They then said to their ins. co. that I drove across their path at a junction.

    By carefully going through all the road markings and situation I was able to proove they were incorect in their observation AND placing the accident at a different junction to support their case.

    From your statement I can't see what evidence the CPS has to justify this and think with careful thought you should be able to demonstrate you acted in accordance with the Highway Code and traffic law.

    Someone I know well defended themselves on a D-C charge and was able to demonstrate that he was correct and that the other party had broken the law, driven dangerously, and the Police in attendence had sided with her against evidence.
    All he used was the highway code and logical thought and questions.
     
  16. Spinal

    Spinal Hardcore MB Enthusiast

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    Crockers don't take this personally but I found the free legal aids to be pretty useless... I had 3 "free legal aid" contracts;
    - Car insurance (Direct Line at the time)
    - RAC
    - House Insurance (Norwich union if I remember well)

    Their answers were pathetic!
    - RAC: Sounds like the accident was your fault, just claim guilty as if you're found guilty and you plead innocent it's worse.
    - Direct Line: Legal aid doesn't cover DwDCaA
    - House insurance: We can't cover this as it is a motoring offence. But, it sounds like you should plead guilty.

    They weren't a helpful bunch! Needless to say, since then I haven't gotten any free legal aid unless it's free to start with :p

    Michele
     
  17. OP
    OP
    W210 Fan

    W210 Fan Hardcore MB Enthusiast

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    Dieselman, I wasnt indicating right, I was indicating left, I assume they assumed I was turning right because of the lane I was in, the came from the left lane and moved to the outside where I was driving, yes I did see it and just thought their lane discipline was shocking and carried on, I also thought I am driving a bright red Audi how can they miss it?

    I do feel like I was in the right otherwise I would accpet what I have done as wrong, I am happy to accept the speeding fine as I was speeding, not happy with this court case though, I do however look wrong as I didnt report it,

    I can collect and evidence but would prefer a legal eagle to help in me court, just cant justifty my motoring solicitors 2.5k rise in price!!!
     
  18. Spinal

    Spinal Hardcore MB Enthusiast

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    AHHHH! Now there's the admission of guilt! :p

    Sorry... couldn't resist...
     
  19. Dieselman

    Dieselman Banned

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    The passenger can't be considered an independant witness, so this is a one on one situation.
    If you genuinely didn't know there had been contact then you should say that, but should have reported it and be prepared to accept any punishment for that.

    Magistrates are more prepared to listen to someone who is prepared to accept blame for something they HAVE done.
     
  20. OP
    OP
    W210 Fan

    W210 Fan Hardcore MB Enthusiast

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    yeah but I got rid of it as soon as I could afford a 3 pointed star again!!!

    The audi was not as comfortable but my god did it grip!!
     
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