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court case - need some law advice - lawers and cops needed!!! watch

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    (Original post by calumc)
    I don't mean to hijack this thread, but I also have a problem, but hopefully this one will be easier-

    I was a passenger in a car accident a few months ago. A week or so I got a letter from the drivers solicitor, asking for a copy of my statement and so on. The problem is that the date of the trial (to take place in Inverness in October) is two weeks into my first term of university, when all going well I'll be in Oxford. This would mean a 3-day round trip of 600-odd miles each way and is time I really can't afford to miss. I tried the local police station, but all they said was that if I was called and didn't turn up then they could arrest me, which is useless. Where do I stand?
    Did you not get a letter from the solicitor stating the date and telling you that if you wanted it changed or not? That's what usually happens anyway, and you should have told them then.
    If not, have you tried the solicitor. He should be able to get in changed

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    (Original post by G4ry)
    Say you weren't aware of the law and your friend didn't offer you a helmet - putting the liability on to him. (That's if he's not a good friend)

    That won't work unless you are a child. It's like seatbelt rules, the driver is responsible for children and their own belt but not other adults.
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    become a sikh - they are exempt from this law as they must wear a turban
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    (Original post by sashh)
    have you got a solicitor? if not write to the clerk of the court, explain the situuation and ask for a more convenient date, say you are willing to come before term starts, the worst then can say is no.
    No I havn't, the only contact I've had from anyone is from the driver's solicitor, whom I still havn't spoken to until I know what I'm doing. If they say no am I stuck with it? What would they do if I simply didn't turn up, if anything?
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    (Original post by calumc)
    No I havn't, the only contact I've had from anyone is from the driver's solicitor, whom I still havn't spoken to until I know what I'm doing. If they say no am I stuck with it? What would they do if I simply didn't turn up, if anything?
    No you have to turn up.
    Ring up the driver's solicitor and ask for it to be changed - he should definetly change it.
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    (Original post by sashh)
    That won't work unless you are a child. It's like seatbelt rules, the driver is responsible for children and their own belt but not other adults.
    So if a child dies then the driver is responsible?

    A child is a person under the age of 16 which means they can sit in the front of the car. An adult sits behind the child in the front seat and doesn't wear a seatbelt (the driver is not responsible for this as you said). The driver has an accident and the passenger in the back seat crushes the kid.

    Who pays the insurance?
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    (Original post by Misbah Imtiaz)
    Did you not get a letter from the solicitor stating the date and telling you that if you wanted it changed or not? That's what usually happens anyway, and you should have told them then.
    If not, have you tried the solicitor. He should be able to get in changed
    The letter wasn't very informative (it's a pretty crap solicitor I think, the driver is only a few years older than me and got legal aid) and I'm rather clueless on the whole thing. I suppose the solicitor might be a good idea.
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    (Original post by calumc)
    No I havn't, the only contact I've had from anyone is from the driver's solicitor, whom I still havn't spoken to until I know what I'm doing. If they say no am I stuck with it? What would they do if I simply didn't turn up, if anything?
    what ever you do get in touch with the court and or turn up, if you don't you will be in contempt of court and that is serious - possible gaol term.

    Get a solicitor to act for you, as a student you should get legal aid, you could also ask for the case to be heard in Oxford.

    Personally I'd write to the court something like

    Dear Sirs,

    I have recieved a summons (or whatever) to attend court on (insert date). This will cause me a great deal of inconvenience as I am a student starting my degree at Oxford University on (insert date). Obviously the first few weeks of my course are vital and after working so hard to gain a place at this University I do not want to miss any lectures.

    Is it possible for the court to move the date to a more convenient time, before the start on university would be ideal but I realise the court is a very busy place and I will accept an alternative time. Failing this would it be possible for the case to be heard in Oxford? As a student I only have access to public transport and a journey of 600miles would require an overnight stop. If the case were heard in Oxford I could attend and only miss one day's lectures.

    Thank you for considering my circumstances.

    yours etc. etc.
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    (Original post by G4ry)
    So if a child dies then the driver is responsible?

    A child is a person under the age of 16 which means they can sit in the front of the car. An adult sits behind the child in the front seat and doesn't wear a seatbelt (the driver is not responsible for this as you said). The driver has an accident and the passenger in the back seat crushes the kid.

    Who pays the insurance?
    who ever caused the accident, their insurance pays although it can be reduced because someone didn't put on their seatbelt.
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    (Original post by G4ry)
    So if a child dies then the driver is responsible?

    A child is a person under the age of 16 which means they can sit in the front of the car. An adult sits behind the child in the front seat and doesn't wear a seatbelt (the driver is not responsible for this as you said). The driver has an accident and the passenger in the back seat crushes the kid.

    Who pays the insurance?
    Whoever caused the crash takes criminal resposibility, and I guess the adult without the seatbelt (if alive...) pays their fine for that seperate to the other case. I think.


    But you're responsible for your seatbelt from age 14 onwards. So a 14 year old pays their own fine.
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    (Original post by sashh)
    what ever you do get in touch with the court and or turn up, if you don't you will be in contempt of court and that is serious - possible gaol term.

    Get a solicitor to act for you, as a student you should get legal aid, you could also ask for the case to be heard in Oxford.

    Personally I'd write to the court something like

    Dear Sirs,

    I have recieved a summons (or whatever) to attend court on (insert date). This will cause me a great deal of inconvenience as I am a student starting my degree at Oxford University on (insert date). Obviously the first few weeks of my course are vital and after working so hard to gain a place at this University I do not want to miss any lectures.

    Is it possible for the court to move the date to a more convenient time, before the start on university would be ideal but I realise the court is a very busy place and I will accept an alternative time. Failing this would it be possible for the case to be heard in Oxford? As a student I only have access to public transport and a journey of 600miles would require an overnight stop. If the case were heard in Oxford I could attend and only miss one day's lectures.

    Thank you for considering my circumstances.

    yours etc. etc.
    Cheers, I'll speak to the drivers solicitor since this is the only contact I've got so far and ask them to either arrange it for me or get the court's contact details.
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    (Original post by sashh)
    you broke the law, it's a simple fact you will have to pay the fine. Your ill health excuses won't wash, in fact may even go against you - were you in a fit state to ride even as a pillion passenger? And how did you get 2 miles from home with an ankle injury?

    Best thing to do is say how sorry you are, that it will never happen again etc. etc.
    i was on the moped from home the way to the place and back from the place, what i really want to know is how to win the hearts of the jury???

    and sayin sorry, etc, wil not but worsen the situation makin it easier for the court to decide
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    (Original post by sniper999)
    i was on the moped from home the way to the place and back from the place, what i really want to know is how to win the hearts of the jury???

    and sayin sorry, etc, wil not but worsen the situation makin it easier for the court to decide
    It'lll be the magistraites... No jury.

    The best course of action is to hold up your hands and take full responsibility. The only way you'll risk the full £1000 fine in this case is by doing anything else. Sob stories and pitiful excuses won't work.
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    (Original post by sniper999)
    i was on the moped from home the way to the place and back from the place, what i really want to know is how to win the hearts of the jury???

    and sayin sorry, etc, wil not but worsen the situation makin it easier for the court to decide
    well there won't be a jury, it will be a magistrate. You will have to plead before you get into the court so you will have to plead guilty and hope they do take pity and don't give you the max fine which is why it's better to say sorry than plead not guilty and take the piss.
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    (Original post by Franz Ferdinand)
    lol - they'll laugh you out of court with that excuse.

    "I had a sore ankle and high blood pressure" - uh huh, now why didn't you wear the helmet?

    You'll need to come up with something better than that mate.
    yeah, but i mean it was a injured ankle, one that can proven by the DR to be lethal and hence can result in lipin badly!!
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    hayley can you read my mind?
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    (Original post by Misbah Imtiaz)
    Yeah, I agree. The courts will almost certainly say why did you not wear one on.
    how bout if i say im claustrophobic, or can breathe normal with somethin around my face.
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    (Original post by sniper999)
    yeah, but i mean it was a injured ankle, one that can proven by the DR to be lethal and hence can result in lipin badly!!
    no people generaly don't die from an injured ankle and it is no excuse for not having a helmet.
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    (Original post by sashh)
    hayley can you read my mind?
    As it happens, yes.

    ___

    I just have common sense. Unlike some people I could name in this thread. Really, it's like talking to a brick wall....
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    (Original post by Sarky)
    Go and ask someone who didn't wear a helmet, had an accident and has brain damaged. Or even better, go down to your local cemetery or look at statistics for numbers of deaths for people not wearing helmets. If you really need to ask maybe i knock on the head would do you some good!
    keep your hair on lady, i just dont see the point of catchin and hasselin with the small fishes when there larger fishes in the sea. yes i know small makes up large, but i mean it my first time to get caught by the police doin a act agianst law (as far as i no) :confused:
 
 
 
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