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I have received a court summons today to appear on the charge of driving without due care and attention and although technically in law it's correct as I was turning right across oncoming traffic when the other car hit me, I am feeling a little hard done to. The other car that was smaller than mine mangaged to spin me through 180 degrees onto a grass verge suggesting strongly that he was doing more than the speed limit for the road we were on. His passenger was not wearing a seatbelt and as such was bleeding (not seriously injured thankfully, but I didn't know this at the time). The Police officer took my statement in a supermarket 'value' notepad whilst I sat in his car watching the passenger being removed from the wreck of the car wearing an oxygen mask and blood all over them. I was left at the scene for over two hours alone waiting for a recovery vehicle and at no point did the police take any measurements of skid marks, placement of vehicles etc. Also I have not received any statements taken at the time for me to read to decide whether or not to challenge this summons.
Anyone got any suggestions as to what I should do?
I have received a court summons today to appear on the charge of driving without due care and attention and although technically in law it's correct
Probably why you are summonsed to appear in Court then? The oncoming car had I assume right of way so you should not have turned right until it was safe to do so. If both parties 'stories' match up and no one has died there is no need to take measurements etc. If you said you was turning right and the other driver said he was driving straight ahead there is no dispute needing measurements to be taken.
I guess this is the crux of the matter. Had the driver of the other car been travelling within the speed limit the collision would not have happened but seeing as no-one bothered to check neither of us can prove it one way or another.
You will have to enter a plea to the court which you can do in writing. If you want to see the evidence against you then you will need to plead not guilty and then the CPS will have to disclose the evidence they intend to use to you. But before you take this step, as Bernie said, I would seek legal advice.
I guess this is the crux of the matter. Had the driver of the other car been travelling within the speed limit the collision would not have happened but seeing as no-one bothered to check neither of us can prove it one way or another.
I can see where you are coming from, but you should still have seen the car coming whatever speed he was driving at. If you didn't see him how do you know he was speeding?
Court Summons
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Originally Posted by Nige1
