Our Geoffrey Ireland, partner and Head of the Crime department dealt with a case that involved a young man who had been riding his motorbike along a country road. As the client approached a right hand bend he said that a vehicle travelling in the opposite direction had come round the bend at speed on the client’s side of the road causing him to take evasive action to avoid a collision. Unfortunately the client hit the wall on his near side.
The client was taken to hospital, followed there by a police officer who then sought to interview him, unfairly in Geoffrey’s view, due to the fact that the client had sustained serious injuries to his left leg including a tear of his anterior cruciate ligament in his left knee. Whilst being treated by the doctor, the officer sought to interview the client taking contemporaneous notes. Not surprisingly the officer suggested to the client during the course of that ‘interview’ that if he had been travelling slower and in a lower gear, the client might have been able to avoid the collision with the wall.
Perhaps as a consequence of some of the veiled admissions the client made in his interview, he was summoned in connection with an allegation of driving without due care and attention (careless driving), all which carries between 3 and 9 points and what could have been a substantial fine.
Although the client was not able to provide any details of the motor vehicle he said caused him to collide with the wall other than the make and colour of the vehicle, there surely could have been no other reason for the accident having occurred. The day in question was a clear dry summer’s afternoon with good vision and road conditions.
The client pleaded not guilty and gave evidence at his trial. Geoffrey had to cross examine the police officer particularly in relation to his decision to interview his client whilst he was being treated. The client was having his knee flushed out (he was probably in excruciating pain at the time!).
Happily the magistrates found Geoffrey’s client not guilty.
If you find yourself facing a motoring offence, it is a good idea to initially seek our advice. Usually in this type of case, although we charge out our time on an hourly basis, we are usually prepared to consider a fixed fee by negotiation.