....KNOW YOUR RIGHTS... A
police. If it does relate to when you parked on the street at 10.30am, you will need to get to the bottom of what they are saying has happened and what damage has been caused. It is likely that you did clip another vehi- cle unknowingly. If it can be shown that damage was caused, you would have a defence to failing to stop and failing to report if you can show on the balance of probabilities that you weren’t aware damage was caused. You will need to show it was reasonable for you not to know. “Reason- ableness” will depend on the evidence and the extent of the damage. If for example extensive damage was caused, the police/court will not believe that you didn’t know about the incident. With regard to driving without due care and attention, the police will have to show that the standard of your driving fell below that of a careful and competent driver. This again will depend on the evidence and what they are saying you did. If a “careful and competent driver” in the same circumstances would have had the same accident then you will have a defence. The best course of action is to liaise with the police and persuade them to allow this matter to be resolved through insurance companies. Incidents like this are the whole purpose of insurance. If the police are still con- sidering taking it further, we will see if they will allow you to complete a Driver Improvement Course. This is an alternative to prosecution and will mean no further action is taken. It is certainly something we can help you with and have 96 per cent success rate at persuading the police not to take any action in cases like this.
Q
I work as a private hire driver. I drove to a house the other night to collect a fare. The driveway of the premises was inaccessible so I parked adjacent to the driveway, a short dis-
tance before a bend. It did mean I was blocking most of that side of the road but I knew I was only going to be quick. I got out of the car to ring the doorbell to let them know I was there. As I was stood at the door, I heard a loud crash. I turned around and a vehicle had collided with my car. The police are prosecuting me for driving without due care and attention but I don’t understand how as I wasn’t driving the vehicle at the time. I want to challenge it on that basis.
AUGUST 2013 PHTM
Whilst it would seem sensible to state you can’t be guilty because you weren’t “driving”, the case of R v Jenkins [2012] confirms that you can be convicted because you had been driving up to the point when
you parked your vehicle and alighted. Your driving played a part in causing the accident. The prosecution don’t actu- ally have to show that you were still driving at the point of impact. It is likely that, if the CPS is aware of this case, you will be convicted. Your best option would be to see if they would allow you to complete the Driver Improvement Course as an alternative to prosecution.
A SUMMARY OF A RECENT CASE (ALL NAMES CHANGED TO PROTECT CONFIDENTIALITY)
Officer insists that 'Gloria' the blow-up sex doll needs a seat belt! One of our favourite victories. A police officer mis- took 'Gloria' for a real lady and reported our client for driving a vehicle with 'passengers' in a vulnera- ble position. This offence is known as driving a ve- hicle in a dangerous condition. According to the officer’s statement there were three passengers in the rear of the car and only two seat belts. The of- ficer only had a cursory glance in the rear of the car. The CPS dropped the case the day before trial when we put them on notice that we would be adducing 'Gloria' in all her 'glory' as an exhibit at trial!! Gloria was a joke present from a stepdad for his 18 year old stepson's birthday. she was sitting quietly, minding her business in the back of the car at the time of the stop. Gloria was never questioned but would have given a no comment interview!
This impartial advice has been provided by Patterson Law Solicitors - specialist motoring offence solicitors for the taxi industry.
Any reader who mentions Private Hire and Taxi Monthly newspaper when engaging Patterson Law will be entitled to a discount of ten per cent on their legal fees.
Patterson Law
www.pattersonlaw.co.uk 01626 359800
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