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8/1/2012
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Did you report it after driving away?
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Did you report it after driving away?
All thats happened is that they've invited you in for interview because they are considering a prosecution for failing to stop and report and that does carry custody. That doesn't mean that custody is a realistic outcome here but just that it warrants an interview because of the sentencing options.
You would not have been eligible for legal aid for a solicitor if it were just driving without due care but for a matter of failing to stop and report you might. If a solicitor is available then you should use one.
In relation to whether you have a defence or not, the issue is not whether you were aware but whether you should have been aware. If you knew that you hit a parked car then you don't really have a defence just because you thought you didn't damage it I'm afraid. The obligation is yours to get out and check and anyway you still should have reported.
It carries 6 - 10 points and up to 6 months custody. If I can make clear at this stage custody isn't very likely at all. I have only ever seen custody once and he had hit a pedestrian who subsequently died and the Crown were able to prove that if he had not driven off and summonsed help the death probably would have been avoided. It just doesn't compare.
Hope this helps. Please rate my answer OK SERVICE or above and then I will continue with this for free.
You would not have been eligible for legal aid for a solicitor if it were just driving without due care but for a matter of failing to stop and report you might. If a solicitor is available then you should use one.
In relation to whether you have a defence or not, the issue is not whether you were aware but whether you should have been aware. If you knew that you hit a parked car then you don't really have a defence just because you thought you didn't damage it I'm afraid. The obligation is yours to get out and check and anyway you still should have reported.
It carries 6 - 10 points and up to 6 months custody. If I can make clear at this stage custody isn't very likely at all. I have only ever seen custody once and he had hit a pedestrian who subsequently died and the Crown were able to prove that if he had not driven off and summonsed help the death probably would have been avoided. It just doesn't compare.
Hope this helps. Please rate my answer OK SERVICE or above and then I will continue with this for free.
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