South Africa Law
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Hi and welcome!My name isXXXXX you for giving me the opportunity to assist you.
They are probably investigating a case of reckless and negligent driving. This in my view is harsh under the circumstances and usually ends up in a warning if found guilty. The probelm is though that she will have a criminal record, and therefore would suggest that you employ the services of a lawyer to provide the police with statemnents and advise you on what to say and what not, to prevent you from incriminating yourself.
The photos will prove to be crucial and in my view she has a solid dfence in the matter and confident that she cannot be found guilty.
Please ask more if not clear?
Thank you for your response. Yes, the charge is reckless and negligent driving. We went to the police station immediately after the accident and reported it. The police have already called her in to make a statement, and she said exactly the same thing again. In both statements she said that she cannot remember if she stopped. We are both extremely honest, and I guess this may count against us. I'm not sure if the motor cyclist even bothered to report the accident in the first 2 weeks after it happened. So we are committed, as far as her statement is concerned.
For my statement, I'm basically going to say that my wife called me when it happened, and I immediately went to where the accident happened. My employer is about 60 km away, so it took about an hour to get there. By this time, the bike had been taken away, and the motor cyclist was already taken to the hospital.
I took the photographs, and then we went to the nearest police station to report it.
I do not see how stating any of the above would do her case harm. Do you ?
To be honest, no I don't. Just as long as the recollection of events is consistant with what was initially stated.
You will have to wait and see whether charges will be persued by the prosecution authority. Given the circumstances and weather she cannot be blamed for not stopping.