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I have received a summons for driving without due care and

 
Jomo1972's Avatar
  • Answered by:Jomo1972
  • Barrister
  • Positive Feedback: 95.9 %
  • Accepted Answers: 2723
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in UK Traffic Law

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Customer Question

I have received a summons for driving without due care and attention.
While driving to work I turned right into a side street and a pedestrian stepped off the pavement. She made contact the passenger side of my car. My braking hard made her slide down the left side of the bonnet onto the road, though her statement says she was almost across the road when I came into the road. Her diagram shows her to be on the right side of my car. I wish to plead not guilty but am not sure what to do with regard to representing myself or do I need to have a lawyer?

Submitted: 289 days and 2 hours ago.
Category: UK Traffic Law
Value: £22
Status: CLOSED
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Expert:  F E Smith replied 289 days and 2 hours ago.

Good day,

I always strive to reply in the shortest possible time,I may be delayed answering other questions, attending a meeting or in court.

Please explain why you believe it was her fault?

Customer replied 289 days and 2 hours ago.

I believe she stepped off the pavement as I entered the side street

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Expert:  Jomo1972 replied 289 days and 1 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this.

My colleague asked me to look at this.

Is your question whether or not this amounts to a defence?

Customer replied 289 days ago.

I wish to plead not guilty because I am disputing the pedestrian's version because she says she was over halfway across the road and maintains she was very close to the other side of the road yet she appeared on the passenger side of my car.
I want to know whether if I go to trial I need to have a lawyer or could I represent myself?

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Expert:  Jomo1972 replied 289 days ago.


Ok. I can help with that but there is an underlying issue here about which you need to be aware even though I realise you probably will not be happy.

Even if she was on the side of the road, didnt you brake when you saw her?

Customer replied 289 days ago.

I heard a shout and braked immediately and looking to the passenger side she appeared in the cormer of the passenger windscreen

Accepted Answer

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Expert:  Jomo1972 replied 289 days ago.

Ok.

There's quite a bit to tell you about here so I will give you the answer in stages.

On your first point, you can represent yourself. Its not a good idea usually but it can be done.

You may get legal for this actually. Sometimes people do for driving without due care. It depends on your means. If you do then you certainly should take it.

Failing that you will have to self represent.

Expert TypeBarrister
Category: UK Traffic Law
Pos. Feedback: 95.9 %
Accepts: 2723
Answered: 6/20/2012

Experience: Bar Exams, over 5 years in practice

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Expert:  Jomo1972 replied 289 days ago.

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