Careless Driving case thrown out after not enough evidence to prosecute
Mr K was driving home from work and was crossing a staggered junction when another vehicle approached the junction and collided with the driver's side of Mr K's car.
The car was a write-off, and Mr K was seriously injured and spent a long time in hospital. He was later charged with driving without due care and attention, as the police considered he may have pulled out in front of the other driver.
What we did
We thoroughly investigated the matter and arranged for statements to be taken from all the parties concerned, including the police. We also obtained reports and photographs of the location.
On the basis of the contents of the documentation we had we contacted the Crown Prosecution Service and argued that it didn't have enough evidence to successfully convict Mr K.
After the Crown Prosecution Service reviewed our arguments it agreed and dropped all charges against Mr K.
In addition, we were successful in obtaining a costs order for Mr K's legal fees to be paid from the Central Funds Office.
How did it help?
Mr K was potentially facing disqualification or points and a large fine. Not only would this have had a big large impact on Mr K's ability to travel, but would have increased future insurance premiums. In addition, due to his injuries, Mr K was unable to work and was on Statutory Sick Pay. It would therefore have caused him and his family financial hardship if he'd had to pay a large fine.
As well as this, Mr K was seeking to bring a personal injury claim against the other driver. If he had been convicted of driving without due care and attention, Mr K's prospects of success in the personal injury claim would have been heavily compromised.
Who dealt with the case?
The case was handled by associate Julie Williams, who has experience in litigation matters, including motor prosecution defence cases and consumer law generally.
Comment on case
Julie was thrilled that common sense prevailed and the Crown Prosecution Service accepted her arguments that it would not succeed in securing a conviction. She believes that as a result of the case being dropped Mr K is more likely to be successful in a claim for personal injury against the other driver and able to put this incident behind him.
