Author Topic: van crash trial finished !  (Read 5678 times)

van crash trial yesterday - Im mad as hell
Reply #15 on: September 12, 2006, 23:48:45 PM
Another alternative is to continue pleading your innocence, let them take your licence from you and then appeal the decision. Now I dont know any of the details, or if it applies in your case, but I do believe there is some piece of legislation that grants you the right to have your appeal/case reviewed by a judge.

van crash trial yesterday - Im mad as hell
Reply #16 on: September 12, 2006, 23:51:40 PM
yeah I could do that.... but Ive been told Id probably have my liscence back by the time they sorted it anyway :(

I regret changing my plea, only have 5 min to make the descision before I went in, and its too late now. :(

  • Offline SteveF

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van crash trial yesterday - Im mad as hell
Reply #17 on: September 13, 2006, 00:24:36 AM
Quote from: DeltaZero
Another alternative is to continue pleading your innocence, let them take your licence from you and then appeal the decision. Now I dont know any of the details, or if it applies in your case, but I do believe there is some piece of legislation that grants you the right to have your appeal/case reviewed by a judge.


The alternative was to pleed innocent and use the police statement to establish that the bike driver was going too fast and driving without due care and attention.

As the police have already stated thats the case it should have been no problem to put the blame firmly on the deceased.  He died.  The cause was him going too fast, breaking the law and being out of control.  The speeding is established by the police statement.

Obviously limited info in this thread but it shounds like you were misrepresented here and not given enough contact time with your legal aid before the start of proceedings.  I would consider speaking to another solicitor at this stage to check the first advice was sound and if theres a recourse in the case that you were not made fully aware of what you were agreeing to.  At the end of the day theyre the only people who can 100% tell you but the magistrates/judge difference is not as different as is being made out here.  Its not the case that not having a judge means you have some random off the street making the choice.

All I can say is everyone should have a good solicitor and an accountant in their phone book when they get into their 20s.  If you havent go get one or ask which ones your parents use and get the number.  If in doubt you can always call them for advice on things like this.

van crash trial yesterday - Im mad as hell
Reply #18 on: September 13, 2006, 00:32:18 AM
Quote from: SteveF
...but the magistrates/judge difference is not as different as is being made out here.  Its not the case that not having a judge means you have some random off the street making the choice.


Im afraid Id have to disagree. IMO and as Alan was advised, there is quite a difference between magistrates and judges; having family who work at national government level in the criminal justice system I can say with reasonable certainty that people informed about such matters would tell you there is a distinct difference.

  • Offline neXus

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Re:van crash trial yesterday - Im mad as hell
Reply #19 on: September 13, 2006, 00:32:57 AM
Alan, there is some dodgy sh*t going on here and tbh like people say dont get sucked into this rubbish.
You looked, your clear you pull out like you have done a million times before. Your the bloody guy that got hit with such force it did that damage and the damage to you, that guy was going stupidly fast, dam obvious.
Legally what you were set to have has not occured and you have no time to sort and adjust it, you have a legal right to be properly represnted and you can ask for a posponment for correct legal council, the way its being done has change, no judge, you need to be able to adjust to this and have time to talk to your layer.

Dont let them mess you about and be careful, they say your going to pleed guilty for being involved in an accident? NO sh*t!
Sounds very dodgy, You dont want to think that then for the idiot in the chair to then give you a 5 month suspended sentance since you admited causing the accident or something.

van crash trial yesterday - Im mad as hell
Reply #20 on: September 13, 2006, 00:51:04 AM
thing is, Ive been messed about that much by the legal system so much already I want to get away from it.

worst possible case for me if hed been doing 60 and I pulled out and ran him over is still a 1 year ban from driving and a fine.

when I was waiting at the court I talked to the coppers who where there as witnesses and they all said theyd speak up for me, that it wasnt my fault (which is what I have in there written statments)

I dont really have that much faith in the police, but they were all true to there word so far... and they also all said I was pretty screwed without a proper judge :(

at the end of the day, loosing my liscence is too big of a risk for me... both insurance companies have already agreed it was his fault, the police say it was his fault, the CPS say it was his fault but it had to be investigated, and out expert witness said its all his fault....

but because I didnt see him Im left open to be screwed over :(
if only I could go back and say I saw him it would all have been over by now.....

hell my memory of the few seconds before and after the accident is all ballsed up, and my foot was jammed onto the break pedal (firemen had to get it out) for all anyone knows I did see him and just cant remember it !

  • Offline SteveF

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van crash trial yesterday - Im mad as hell
Reply #21 on: September 13, 2006, 00:55:22 AM
Quote from: DeltaZero
Quote from: SteveF
...but the magistrates/judge difference is not as different as is being made out here.  Its not the case that not having a judge means you have some random off the street making the choice.


Im afraid Id have to disagree. IMO and as Alan was advised, there is quite a difference between magistrates and judges; having family who work at national government level in the criminal justice system I can say with reasonable certainty that people informed about such matters would tell you there is a distinct difference.


Then you have and those people informed about such matters have had very different experiences with magistrate courts to me...  Theyre not idiots lol.


Either way it sucks this is still dragging on Knighty.  If the fine and points end it once and for all then so be it. :)

van crash trial yesterday - Im mad as hell
Reply #22 on: September 13, 2006, 11:10:43 AM
just receved a phone call..... theyve changed it to october 19th now, because theyve lost the file with all the statments etc.. in it.

just getting silly now tbh

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van crash trial yesterday - Im mad as hell
Reply #23 on: September 13, 2006, 11:25:30 AM
Quote from: knighty
just receved a phone call..... theyve changed it to october 19th now, because theyve lost the file with all the statments etc.. in it.

just getting silly now tbh


Thats a pee take, Id start on that letter to the tabloids...

  • Offline neXus

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Re:van crash trial yesterday - Im mad as hell
Reply #24 on: September 13, 2006, 11:58:06 AM
ffs that does take the pee, If it gets any dafter you can call for a miss-tial (dont know the term in migistrates court but there will be one) due to those sorts of errors if they are not found.

Least you got some time to sort some things now

van crash trial yesterday - Im mad as hell
Reply #25 on: September 14, 2006, 19:17:12 PM
Quote from: knighty
just receved a phone call..... theyve changed it to october 19th now, because theyve lost the file with all the statments etc.. in it.

just getting silly now tbh


Yes but have they "lost" them?

Re:van crash trial yesterday - Im mad as hell
Reply #26 on: September 14, 2006, 20:22:02 PM
Majestrates are lay people, but they do have a qualified law person in the court. the Clerk of the court is fully training in british law, and is there for advising the majestrates.

If youve pleaded guilty, thats not just "6 points and a fine" thats a conviction, you then have a criminal record, and you will have to declare it in the future.

My friend has her appeal in newport crown court tomorrow a similar deal, pleaded guilty and she lost her licence because of the 6 points thing, shes appealing to get it lowered to 5 points so she can keep her licence.

If she hadnt pleaded guilty in the first place then shed have been able to defend it in court.

Chances are if its in a magistrates, itll get viewed, if you put up a good argument along with your solicitor... then itll get bumped up to crown court, in which case its in front of a judge and jury. The fact a road death is being tried in a magistrates is a rare thing. Normally serious offences are seen in crown.

My assault case was in magistrates court... then got bumped to crown.

DO NOT PLEAD GUILTY. You are effectively saying "yes its 100% my fault" in which case its a formality and its straight onto sentencing.

van crash trial yesterday - Im mad as hell
Reply #27 on: September 14, 2006, 20:42:25 PM
the important bit is... Im not pleading guilty to causing the accident...

If Id caused it, or they even thought there was a chance I did then Id be there for death by dangerous driving or something like that... careless driving is the absolute minimum charge possible for something like this...

checked up already with the solicitoirs and if I come away with 6 points and a fine its all forgotern about once the points run out on my liscence :)

tbh I just want it over with :(

van crash trial yesterday - Im mad as hell
Reply #28 on: September 14, 2006, 20:43:57 PM
sounds to me like it could be death by dangerous driving if your just saying yes im guilty

edit: damn posted as i did lol

van crash trial yesterday - Im mad as hell
Reply #29 on: September 14, 2006, 20:50:46 PM
Quote from: M3ta7h3ad
DO NOT PLEAD GUILTY. You are effectively saying "yes its 100% my fault" in which case its a formality and its straight onto sentencing.


Quote from: Binary Shadow
sounds to me like it could be death by dangerous driving if your just saying yes im guilty


everyone agrees it wasnt my fault, but everyone also agrees Ill be hard pushed to come out of a not-guilty plea with my licence :dunno:

I NEED my licence, if I loose it Ill literally have to hire someone to drive me around for work, so theres min wage x my long hours (90 hour week isnt abnormal)

p.s. yep Im just waiting for sentencing.

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