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Got a Summons - don't know what to do.

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Old 30 March 2001, 07:25 PM
  #1  
please help
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Hello People,
Came home from work to find a summons relating to a car accident in January. I am young (ish) and don't know what to do - I've never even dealt with a solicitor before!

Quick description of accident:

Was out with a friend, first time he has been in my Scoob since its 1000 mile run in. Want to show him what it can do - he suggests nice twisty road which I don't know. Basically I was driving faster than average traffic would be but not recklessly and at the time of the accident below the speed limit (loved the car too much to take big risks.) After a couple of miles feeling I was in good control, we reach a bend and to my suprise the car begins to slide - I try to catch it, goes the other way but its a narrow lane and we are up the embankment and on the roof before I know it. Another car is caught up and sustains minor damage - Scoob is a write off but no one is hurt. I was not breaking speed limit and was caught unawares. At the time I blamed damp patch or mud on the road. After revisiting the scene it is a bend that tightens up as you go into it. All the insurance is sorted.

Accident was fully investigated by the police, I gave a brief statement which was recorded as did others involved. My friend was approached much later to give a more detailed statement, I was not. The driver of the other car was suprisingly laid back (condidering he had rounded the bend to find an Impreza heading towards him on the wrong side of the road upsidedown) but his passenger was hysterical she could have told them anything.

I have recieved the following with out any notice other than being told on the day that the details would be forwarded to the CPS.

1. Cover letter entitled "Notice to defendant: Proof by written statement" - this seems to be telling me the names of witnesses and asking me if I wish for them to be present in court, and to say their statements are attached and will be read out in their absence. <B>HOWEVER</B> - there are no statements attached and no names in the appropriate space?????

2. Summons - basically, information supplied by the Chief Constable of blah, blah... states that you have driven with out "due care and attention" by losing control of your vehicle. Not much more info really other than a bit to return my plea.

3. A statement of means to fill in.

What do I do?? I honestly consider this an accident, it scared me more than anything and has had a massive impact on my driving. How do I contact a solicitor since it is a weekend? (one part needs to be returned by post in 7 days so not much time?) How much will a solicitor cost me? What is the likely fine / points for the offence? (one part of the summons says this info will be on another part but it is not) Any other advice?? Please help
Old 30 March 2001, 07:41 PM
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RonaldoH
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Ok.

It sounds like the Police are pushing for the un-due care and attention part and not the other driver. I would seriously check what your mate said. As a key witness his statement could be what has caused this summons. I would say, other than you he is the person they will rely on for what has actually happened. The Police would of asked him to sign his statement and also if he woulf be prepared to give this in evidence of a court of law in any case brought against you. How good a mate is he? Is he likely to of answered to words put in his mouth like "Your mate lost control right?" and "When he lost control what was he doing to correct it?" All these things will be taken into consideration at the time. The speed here is not the issue, its that you were driving "without due care and attention of other road users", again did your friend say anything of the sorts to the Police about your manner of driving before you crashed, you also need to know how many witness statements have been submitted,

I appreciate that you may be seriously worried about this, hence the lack of user name...drop me and e-mail and I could offer some non legal sensibe advice if needs be.

Regards Ronnie
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