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Advice For Hitting Pedestrian


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Would appreciate some advice my daughter who is a teacher is a victim of domestic abuse, her partner moved in to her home only 14 months ago and as been controlling and coercing her to do things against her will. She as been driving 25 years and has not got so much as a parking ticket, she as never drank and driven. 

 

Her partner works away Mon-Fri he came home in a mood last Friday evening and this continued throughout Saturday he was drinking throughout the day and evening. My daughter collected her 11 year old daughter from a party and then stayed upstairs with her daughter out of his way and had a couple glasses of wine.

 

My daughter came down stairs where remarks were made about there would soon be serious trouble, my daughter ran upstairs and collected her daughter and ran out to her vehicle and attempted to leave, the partner pursued her banging on the windows, the end result the partner got ran over neither my daughter or my grandaughter now how, they think he lay in the road they heard a thud. My daughter only made it off her drive and turned the car she never got more than a few yards away.

 

My daughter got an ambulance and she was arrested, she tested 51 when breathe tested,  both her and my grandaughter have given statements which matched and my daughters CCTV from her home backed up their statements. My daughter is on bail and her vehicle has not yet been returned it was taken away by forensics.

 

The Police assume my daughter is a victim of domestic abuse but she as only told her solicitor what she as suffered in the last 14 months, she was coerced to take out a loan and a credit card she has never had debt, apart from she as always leased a vehicle. She as a mortgage and he is not any bills or added to her mortgage, he was coercing this past week to take out a contract mobile phone which she hasn`t done.

 

The partner as remained unconscious the Police keep calling with an update and they have been quite supportive all they can say is he is stable. Social Services have told my daughter she must not have any contact with him of which she doesn`t intend to. 

 

We need some advice please, should she have discussed anything with her insurance? the vehicle hasn`t been returned yet, the Solicitor mentioned sometimes people fleeing violence are not always banned from drink driving? can she drive once the vehicle is returned, what is likely to happen over injuring the partner. 

 

My daughter as been left a wreck we suspected he was controlling her as she as become withdrawn from many of her family and friends.

 

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She must inform her insurance as soon as possible. Regardless of the circumstances, if the insurance company discovers by some other means that this is happened then they really will assume the worst, it will go down on her record that they have withdrawn her insurance and you will have a lot of difficulty getting any insurance in the future.

She must inform her insurance. This is essential

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Posted (edited)

It seems she is guilty of the drink-driving offence and must plead guilty to it. However, a court has the discretion not to endorse her licence or disqualify. That said, excess alcohol carries (in normal circumstances) a mandatory disqualification.

 

Persuading the court that the circumstances were such that she had no alternative but to drive, for fear of the safety of herself or her child, is not something she should attempt herself as it really needs expert advice and representation in court

 

This is one instance where a solicitor - preferably one who specialises in such matters - would be recommended.

Edited by dx100uk
spacing only... a plesure to help you - ignore this pm
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