Failing to remain at the scene/Failing to provide appropriate information/Dangerous..

casualguy

Failing to remain at the scene/Failing to provide appropriate information /Dangerous driving
Hi, I had a small collision with another driver. Mostly damage to my vehicle. I tried explaining I misread her signal to turn (thought she flashed her lights to go), but she didn't want to talk & rang the garda. I was on my way home as a cow was due to calf at home, so I decided to walk home & my friend remained at the accident. Unfortunately, I just received a letter with the charges above from my local Garda. The Garda at the accident mentioned to my friend at the time that it may be seen as such and also mentioned it to me when I provided my statement explaining the accident.
Does anyone know what the most probable outcome driving ban wise or fines?
Also, I received a letter from the other driver only a month ago that she has an injury, whereas she was happy to fix her repairs at the time through my insurer, but there was a lot of stalling. The letter (through her solicitor) was a bit threatening in that she wanted an offer or serious legal action would result. Unfortunately, the woman's father died of a brain hemorrhage around the time of the letter. Probably all connected. Just to add, I was disqualified from driving when I was younger, 9 years ago, hence why I'm worried about all of this. I will contact my solicitor Monday. Car was insured, licence in the car & friend gave all my details. Thanks in advance.

callaway92

You caused the accident..

She's saying she's hurt (whether she actually is or not is down to a doctor/specialist)

Her car got damaged. You admitted liability.

Most likely outcome is there'll be a claim against your insurance for her injuries down the line and that will be the last you hear of it.

That other charge is nothing. You won't get any ban/fine

The solicitor's letter you received (aggressiveness etc) is as standard as it gets.

casualguy

whats the likely outcome of the 3 charges in court?

callaway92

casualguy wrote: »

whats the likely outcome of the 3 charges in court?

Chance of fine for leaving scene but I doubt it.

Nothing else then

casualguy

Does it make a difference all the charges were labelled "hit and run(enclosed charge)"? Or is it the same thing.

punisher5112

Op.... Seek legal advice from a solicitor that specialize in said above.

It is highly recommended to have representation with you on the day if you want any chance of getting best outcome.

Believe me I've had sh1t thrown at me you wouldn't believe on a few occasions over the years.

casualguy

punisher5112 wrote: »

Op.... Seek legal advice from a solicitor that specialize in said above.

It is highly recommended to have representation with you on the day if you want any chance of getting best outcome.

Believe me I've had sh1t thrown at me you wouldn't believe on a few occasions over the years.

Will do..the hit & run part unsettled me a bit and the injury part doesnt help either.

punisher5112

casualguy wrote: »

Will do..the hit & run part unsettled me a bit and the injury part doesnt help either.

Nothing really you can do to be honest except be prepared to pay extra in premiums for the next 5 years.


Let your solicitor talk on your behalf in court as this will help a little as judges tend to listen a little better....



As injuries go she will do quite well so try and move on its done and she will be looked after either way.

Unless it can be proven without a shadow of a doubt she is not injured in anyway but that's near 99.9% impossible especially here in compo Ireland.

casualguy

punisher5112 wrote: »

Nothing really you can do to be honest except be prepared to pay extra in premiums for the next 5 years.


Let your solicitor talk on your behalf in court as this will help a little as judges tend to listen a little better....



As injuries go she will do quite well so try and move on its done and she will be looked after either way.

Unless it can be proven without a shadow of a doubt she is not injured in anyway but that's near 99.9% impossible especially here in compo Ireland.

To be honest, I'm more worried about a driving ban. Minimum ban of 2 years
is mentioned a bit online for hit & runs..but none outline specifically for the different subsection charges

Pat Mustard

Mod note@

This is asking for legal advice:

casualguy wrote: »

whats the likely outcome of the 3 charges in court?

This is giving legal advice.

callaway92 wrote: »

Chance of fine for leaving scene but I doubt it.

Nothing else then

Neither of the above are allowed in this forum.

Please read the forum charter before posting again.

No more breaches of the rule against legal advice, please.

Please do not reply to this message on the thread.

coylemj

casualguy wrote: »

Unfortunately, I just received a letter with the charges above from my local Garda.

Can you clarify exactly what you mean by a 'letter... from my local Garda', did you get a summons (to appear at a specified date and time in the local District Court) or what type of document are we talking about?

If you got a summons which includes a charge of failing to remain at the scene then you need to talk to a solicitor.

But if you left someone at the scene to exchange details, I'd be very surprised if the Gardai would prosecute you for 'failing to remain at the scene' which is the legal term for 'hit and run' and which falls under S.106 of the RTA 1961.

casualguy

coylemj wrote: »

Can you clarify exactly what you mean by a 'letter... from my local Garda', did you get a summons (to appear at a specified date and time in the local District Court) or what type of document are we talking about?

If you got a summons which includes a charge of failing to remain at the scene then you need to talk to a solicitor.

But if you left someone at the scene to exchange details, I'd be very surprised if the Gardai would prosecute you for 'failing to remain at the scene' which is the legal term for 'hit and run' and which falls under S.106 of the RTA 1961.

3 photocopies, one of each summons.

coylemj

casualguy wrote: »

3 photocopies, one of each summons.

You've been summonsed on relatively serious RTA offences and have a date in court.

You claim it was a 'small collision' but the Gardai have charged you with dangerous driving and hit and run.

Don't even think of going to court without a solicitor, talk to one ASAP.

MysticMonk

"Failure to remain at the scene of an accident" can get you 12 months. I'd get a solicitor asap

ArnieSilvia

Main thing here would be the assumption that you could have been drunk and fled the scene to avoid breath analyser check, is it not a standard procedure for guards to check it at the scene?

MysticMonk

MysticMonk wrote:

"Failure to remain at the scene of an accident" can get you 12 months. I'd get a local solicitor assp

ArnieSilvia wrote:

Main thing here would be the assumption that you could have been drunk and fled the scene to avoid breath analyser check, is it not a standard procedure for guards to check it at the scene?

And a number of other reasons why a judge will look at very unfavorably. As I've said,its not unusual for a judge to hand down a prison sentence for charges like this although usually only in conjunction with an existing driving ban and no tax and insurance

coylemj

In fairness, the OP left someone at the scene and the other driver refused to talk until the Gardai arrived so on the merits, it would be a very minor case of hit and run if the judge decided to convict.

If the OP had written his details on a piece of paper and left it under the other driver's wiper, that would have satisfied the requirements under S.106 and he could have left the scene, there is no legal requirement to wait for the Gardai.

casualguy

Not looking for legal advice on what to do, just wondering has anyone had previous experience of this & how severe was the result. At the time of the accident, my solicitor said the maximum driving ban I would receive is 2 years, as long as no-one was injured at the scene & insurance/tax/nct were in order. He said to sit tight, wait for the summons and then contact him(which I outlined in opening post that I would). He was unsure of the actual outcome(down to judge at the time, Garda & witness statements). On the other hand, his brother(another solicitor) thought I would only get a fine.

Pat Mustard

OP, when you mention your solicitors, are you talking about the current situation or the previous ban?

casualguy

Pat Mustard wrote: »

OP, when you mention your solicitors, are you talking about the current situation or the previous ban?

Current situation.

Pat Mustard

casualguy wrote: »

Current situation.

If you look for second opinions on the Web, you will get them and they will often be wrong. You have been given incorrect advice in this thread already.

You should take the professional advice from your solicitors, not semi anonymous amateur guesswork from the Web.

Victor

coylemj wrote: »

But if you left someone at the scene to exchange details, I'd be very surprised if the Gardai would prosecute you for 'failing to remain at the scene' which is the legal term for 'hit and run' and which falls under S.106 of the RTA 1961.

In this type of situation, what the story with failing to remain at the scene of a collision (where someone seems to have been injured) if there is any hint of intoxication?

brian_t

How long are you expected to remain at the scene of a minor accident after you have exchanged details.

If something more important came up, sure the Guards might not turn up at all.

Del2005

brian_t wrote: »

How long are you expected to remain at the scene of a minor accident after you have exchanged details.

If something more important came up, sure the Guards might not turn up at all.

For a minor collision you aren't even supposed to call the Gardaí, getting the other party to agree it's minor is the problem! You are supposed to report it at the station.

GM228

Del2005 wrote: »

brian_t wrote: »

How long are you expected to remain at the scene of a minor accident after you have exchanged details.

If something more important came up, sure the Guards might not turn up at all.

For a minor collision you aren't even supposed to call the Gardaí, getting the other party to agree it's minor is the problem! You are supposed to report it at the station.

As a driver there is no requirement to report to the Gardaí for any collission minor or otherwise unless there is injury to a person other than yourself.

To answer brian_t's query, you simply stay long enough as reasonable to exchange information (name, address, registration and insurance details), then there is no requirement to remain any longer.