Road Traffic Incident

MarkK1986

Hi,

I had a road traffic incident where my car was in a collision with a cyclist. Long story short, my insurance paid out as they said it was pointless to contest with a cyclist .

The issue is that I received a bench warrant for my arrest as I didn't show up to three court hearings, not once did I receive a letter or phone call regarding any of these hearings.

The incident happened in 2019, I heard from the investigating garda once in April 2020, he said he would call to my home for a statement, which he never did. So I was very shocked to be landed with this.

I now have a hearing to attend in September to face a charge of driving without due care and attention but am curious as to what the law is here given that I have never been asked to make a statement. I called to the garda station the day after the accident and was told to try and sort it ourselves.

Any guidance is appreciated.

Thanks

AnRothar

Get a solicitor.

MarkK1986

In the process of doing that but was curious if anyone had a similar experience.

eusap

Where did you live in 2019? did the post go there?

MarkK1986

https://www.boards.ie/discussion/comment/119340004#Comment_119340004

Same house but one summons didn't require me to attend due to covid. For the subsequent hearings, the garda was suppose to inform me but never did, I'm more curios as to how it has progressed to a potential hearing without me giving evidence and I believe this should have happened prior to a summons being issued

Losty Dublin

Presumably it has progressed this far because the prosecuting garda has obtained sufficient evidence to say that you may have done something on the day. Also, the fact that a bench warrant was issued shows that this case is processing to a serious extent.

Either way, you need to engage a solicitor ASAP, both to liaise with the prosecution to obtain such evidence and to assist you in answering the bench warrants to the judges satisfaction that you aren't dossing here, not to mention avoiding you being nicked.

MarkK1986

There's a lot of assumptions, I have still not made a statement regarding this as I was never asked which I'm again assuming is a requirement before determining guilt. I actually answered to the bench warrant yesterday and made it clear to the judge that I wasn't contacted regarding these. Due back in court in September with a solicitor - I'm wondering if the lack of a statement is grounds for it to be struck out?

phildub

The obligation is on the state to prove the case beyond all reasonable doubt. They don't need your statement in evidence. That's for you to give during sworn testimony at the hearing, should you choose to do so.

The accused person doesn't give a statement in any event, they attend for an interview and answer questions put to them by Gardai. Only witnesses give statements.

Allinall

You can make your statement to the judge.

The guards can proceed with a prosecution if they think the evidence they have is sufficient.

It’s not obligatory to take a statement from the accused, although it would be the norm.

MarkK1986

I was never called for an interview, there was zero engagement from the Gardai on this other than asking us to resolve between ourselves .

MarkK1986

Its very strange as there were no witnesses except for myself and the complainant, I've asked for full disclosure so will see what evidence is provided

Claw Hammer

https://www.boards.ie/discussion/comment/119342327#Comment_119342327

There is no need for it and it wouldn't help you if you had attended. You would probably have said something which would have helped incriminate you. Your solicitor should ask for a disclosure order so that you can see what the case against you is.