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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5055
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My daughter was involved in an accident. Witnesses initially

Customer Question

My daughter was involved in an accident. Witnesses initially described a car clipping her from behind causing her car to veer across a dividing lane and into oncoming traffic where she was struck by an oncoming vehicle. The police have investigated and have now advised that they believe that she entered the other vehicles lane and was the cause of the accident. They have stated that the witnesses did not have a great view of the accident so cannot be relied upon. They have advised that will be charging her with driving without due care and attention due to the fact that one of the drivers sustained an injury. They also advised that had there been no injury it would just be a lane change infringement. My question is whether or not we should retain a lawyer at this point (she has not yet been formally charged). Is theer any chance that a lawyer could advocate for to not be such a serious charge or can they only be of assistance once a charge has been laid and it goes to court. Obviously I am concerned about my daughter having a conviction recorded against her. She is 17 and only had her P plate for a few weeks before the accident.
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: This is QLD and happened 3 weeks ago.
JA: Has anything been filed or reported?
Customer: There is a police incident number and we have reported everything to insurance.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that is everything
Submitted: 16 days ago.
Category: Australia Law
Expert:  Daniel replied 16 days ago.

Hello
I find it upsetting that notwithstanding evidence from independent witnesses, the Police have still hold your daughter liable and to blame for the traffic offence.
I would strongly suggest engaging a solicitor and have them represent her.

A court would have issue accepting police facts, when there are witnesses suggesting otherwise and she was hit from behind.
Once the matter is listed in court, the solicitor can write a letter of representation, in English, this is a letter to the police asking for the charges to be dismissed. Hopefully that is all that it takes as it seems ridiculous that she is at fault here.

I wish to help you in this situation.

Expert:  Daniel replied 16 days ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 14 days ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 10 days ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

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