Do you need to be identified in court!

[HELP]

Hello, I know this is short notice as i am in court tommorow (i only found this site tonight) but any help will be greatly appreciated. The story of the case is this, i was involved in a minor RTA with another driver, when i stopped i gave her my name and address, she refuses to give me hers, so i drove off and thought nothing of it. A couple of weeks later the local police came and invited me to attend the police station to discuss the incident, in my interview i foolishly said i did not exchange details. Because the question asked was did you exchange insurance details which i didnt,( unaware you only have to give your name and address to be comforming to the law) however the other driver stated that i didnt do that and reported the incident to the police. However the vehicle is not registered in my name, the women gave the wrong number plate, abeit only a U instead of a V, and i live 80 miles from the incident. The police state that they have a section 172 signed by my wife stating i was the driver ( which is a comlete lie) and also this women has not been asked to attend court to be a witness! i cannot afford a brief, as the one who had the legal aid money advised me to plead guilty ages ago and refused to represent me anymore.

[sara3]

you were the driver or you weren't the driver?

[Count-A-Strong]

What exactly have you been charged with. I've read your post four times and am confused to say the least.

[AlBags]

Good God .. Bit late in day to be doing this!

I can't imagine what the charge is apart from "failing to give details .. etc"
There will be a court duty that will help you tomorrow .. you have to ask them .. nicely .. politely .. and buy them a coffee .. sit in the cafe bit.
Write this account you have CLEARLY, so he can see what's what .. as this sounds confusing.
When you get asked, you can say again that you never "exchanged" just gave her your details (if this is true)
I don't know what part your wife has in this .. but to save adjournements, etc and further hassle, I would kame sure she is available tomorrow, too!
GL
Al.

[Canary42]

I know it's being wise after the event but you should have reported her refusal to the police straight away.

[JonnyBoy12]

Welcome to the AnswerBank, HELP. I like your username, by the way, and hope we will be able to help you with any further questions you may have.

[Barmaid]

Duty will not be available if the charge is failing to give details.

Is this your first court appearance or is it the trial? Have you had full disclosure yet?

I am not sure what you mean by "do you need to be identified in Court"? As either a defendant or a witness yes you will need to be identified - ie give your full name and address. If you mean does the other driver need to turn up and say "it was him", no a dock identification is not good.

The police MUST have some details from somewhere for them to have turned up and interviewed YOU. They don't just guess. So either they got it from the details you gave her or they got it from your wife's 172 notice.

[sara3]

less than 12 hours til you're on.. you could at least have stopped by to clear up the discrepancies!

and yes, you do need to be identified in court. I can't imagine how you think it might work.

[HELP]

yes sara i was the driver, i have been charged with failing to stop and exchange details, and failing to report an accident. my wife has no part to play in it Albags, the car is registered in her name, i have no links to the vehicle on paper, that is why the police would sent a 172 to the owner of the vehicle asking who was driving, they did not do this, they can only of got the details of the other driver.

[HELP]

Barmaid, it is the trial, what i mean is the other driver has not been called to court to give evidence, (unless the prosecution are pulling a fast one) so can the court convict?

[Barmaid]

So what statements have you had in terms of disclosure?

[Barmaid]

Have you had a copy of your i/v with the police? What is the exact wording of the questions about exchanging details?

[Barmaid]

What evidence is there to say your wife completed a 172 notice? Will she be available to give evidence?

[Count-A-Strong]

Looks like it's gonna be a looooong night.

[dotty.]

was anyone injured?

[HELP]

The other driver states, she asked for my insurance details and i refused to give them, what happened was i gave her my name and address, then asked for hers which she refused until i gave her my insurance details which i did not have on me, and neither by law had to give her. The police interview states did you exchange insurance details, to which my answer was no.

[AlBags]

Phew!

Good luck mate.

[HELP]

there is no 172 in the evidence, just in the summary that they have one.

[HELP]

dotty, it was a clipping of wing mirrors.

[Barmaid]

Well if the question is as you say I wouldn't worry too much.

Firstly, make sure you have the wording of the section under which you are charged and be prepared to address the Mags on this section at the end.
Secondly if the other driver is not going to be present in Court do not allow anything of what she said to be put in evidence - it is hearsay and unless the CPS have filed a notice of intention to rely on hearsay they can't.
Thirdly, have your wife there to give evidence - DO make doubly sure she has never filled a form in and forgotton about it (good idea is to ask the Prosecutor for a copy of the completed notice before the trial - if the prosecutor is relying on that to say you were driving, it must be disclosed - although I suspect the prosecutor will be relying on your interview).
Fourthly, be prepared to ask the officer giving evidence how he came by your name and address. Make sure you have a careful note of all the dates - they can often be decisive.
Fifthly, good luck.

[HELP]

Thanks Barmaid, I believe at the start of the trial the CPS will bring up the background of the case, including the statement by the other drive, is this correct and if it is what do i say when they try reading out her statement?