Please help possible revocation

[EmmaKaryn]

Hi there,

I am 21 have been driving 18 months and have no points as yet.

However a couple of months ago, i hit a parked car on my way to work. The sun was extremely low and blinded me, i went to move over to the side of the road and the next thing i realised i had hit a car. I got out of the car and didnt see any damage to the other car. I didnt leave my insurance details.

Cut a long story short, i now have to appear in court next month for Failing to stop and report and also driving without care and attention. The party i hit claimed on my insurance for a dent in their bonnet. I am worried i will get 6 points and have my licence revoked. I have recently started a new job as Cabin Crew at London Gatwick, and i have to have my car to get to work. It is a must as i live over an hour away from the airport. It has took me two years to get into cabin crew and i dont want to loose my job. I realise i should have at least left my insurance deails, and im truly sorry for what happened. Does anyone have any suggestions to what the outcome could be to this?

Thanks in advance.

[Loosehead]

You will have to plead not guilty to both and explain why you are not guilty. Ie you did stop and saw no damage so you progressed. Also as regards the "Due Care" aspect, you where dazzled by the sun and it was an accident. Alternatively you may be able to settle out of court by paying for the damage and getting the person concerned to contact the police to tell them they are satisfied. The police may well then ecourage the CPS to drop the case.

[andy-hughes]

Sound advice from Loosehead - look at settling out of court if you can. Chances are the other driver is only looking for payment of their repair bill, which can't be much if you saw no damage.

If it comes to court, don't mess them about, plead guilty, and ask for your need to drive to be considered if a sentence is to be passed. You should be OK - no-one was hurt and you have been honest with them.

Good luck.

[JudgeJ]

As far as points go (which is your principle concern) Failing to Stop/report is the most serious, with 5 points as the minimum in magistrates� sentencing guidelines. Careless driving has a minimum of three and you will only be awarded points for the most serious of the two.

Settling the civil aspect of this (i.e. paying for the damage) is unlikely to persuade the CPS to drop the charges, but will have a bearing on the magistrates� deliberations. If you plead guilty, have evidence that the damages will be paid for, and can convince the magistrates that you did stop but thought there was no damage, this will probably be sufficient to allow them to award the minimum of five points. If this is the case your licence will not be revoked.

[EmmaKaryn]

Thanks guy for all your responses, have been worrying myself sick over this!

JudgeJ, i didnt realise that you only get points for the more serious of the two offences. Is this always the case?

Thanks.

[pappasmurf]

You and a couple of cronies could kidnap the other party, and take them to the docks in the dead of night. Once there threaten to throw them in with a pair of concrete shoes. This should persuede them to drop their action against you.
Hope this helps.

[furrycheeky]

Try if you can to find out what damage they are claiming for.
I parked my car, and came back to find a note on the window saying the guy parked next to me was going to report me for damaging their car, and I should expect to hear from them which I ignored as I had not hit them.
I too got the "failiure to report an accident" etc but due to some good advice was able to prove that the damage could have in no way been caused by my car. The damage was in a place that I could not have hit if I tried due to the shape of my bumpers. They soon dropped it.

[JudgeJ]

furrycheeky has made a good point concerning the extent of the damage. It would be a good idea to get this checked out as suggested. This is especially true as you believed there was no damage when you stopped at the scene.

Yes, it is true that when convicted of a number of motoring offences all committed at the same time, the penalty points or disqualification imposed only relates to the most serious. You will, however, be fined for each of them individually (although magistrates do have the power to award �no separate penalty�).

[clancyblob]

When a guy banged into the back of my car (he apologised & paid for damage) we dutifully phoned the Police to report an accident as we thought we were obliged to. They told us in no uncertain terms that if no-one was hurt they had better things to do, and it was no longer a requirement to report a non-injury accident. EmmaKaryn therefore appears to have satisfied the "Stop" part of Judge J's observations, but I have doubts that the "Failing to Report" offence is made out, as it appears to be no longer a requirement.

[JudgeJ]

Sorry for beiong a bit tardy in responding clancybob. There is only a requirement to report where damage/injury has been caused and where it was not possible to exchange details at the time. Road Traffic Act 1988, Section 170 (confirmed by Highway code, para. 260):

(1) [In the event of an accident]� owing to the presence of a motor vehicle on a road, an accident occurs by which�
a) personal injury is caused to a person other than the driver of that motor vehicle, or
(b) damage is caused�
(i) to a vehicle other than that motor vehicle or a trailer drawn by that motor vehicle, or
(ii) to an animal other than an animal in or on that motor vehicle or a trailer drawn by that motor vehicle, or
(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land.

(2) The driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

If for any reason the driver of the motor vehicle does not give his name and address under subsection (2) above, he must report the accident.

(a) to a constable, or

(b) to some person who, having reasonable grounds for so doing, has required him to produce it,

To comply with a duty under this section to report an accident �the driver

(a) must do so at a police station or to a constable, and
(b) must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.

So it seems the issue is whether EmmaKaryn considered any damage was caused. If she believes not it will be for the prosecution to prove that there was.