5 minute read
Gary was driving his car along a main road in Belfast, Northern Ireland, when he collided with the rear of the car in front. There was serious damage to both cars involved in the collision. Gary wasn’t injured in any serious way, however, the other driver sustained more serious injuries. Following the collision, the Police Service of Northern Ireland (PSNI) sought to interview Gary for Causing Grievous Bodily Injury by Driving Without Due Care and Attention. This is a serious offence and upon conviction can result in imprisonment on top of an automatic driving disqualification and fine.
This firm advised Gary in the past on a separate non-criminal legal matter and he was left satisfied with the outcome. As a result, McCartan Turkington Breen was the first law firm to come to mind when he found himself in trouble with the police. Criminal Defence Solicitor, James Fay, attended the police interview with our client. During the interview, Gary accepted that his driving would amount to Driving Without Due Care and Attention. However, we were unable to comment on the level of injury sustained by the other driver, therefore Grievous Bodily Injury could not be accepted.
Sometime later, Gary received a summons to attend Court. This concerned him as losing his licence and liberty would leave him unable to provide for his family. Guided by James, the matter progressed through the Court system and the Public Prosecution Service (PPS) refused to accept a guilty plea for Driving Without Due Care and Attention. James indicated to the Court that Gary would accept the charge of Driving Without Due Care and Attention but was contesting the level of injuries presented by the other driver and we submitted that they did not amount to Grievous Bodily Injury. A hearing date was set for the matter to proceed before the Judge for a ruling on whether the Grievous Bodily Injury charge should stand.
In preparation, numerous investigations were carried out by our office on behalf of the client, including issuing witness summons to the other driver’s doctors and solicitors for all medical reports, notes and records arising from the accident. The court ordered that all of these documents were to be handed over to us.
Upon receipt, the documents were reviewed in detail. It was clear that the other driver was indeed injured, however, Grievous Bodily Injury had not been inflicted. The matter proceeded to a court hearing. James was able to satisfy the court and prosecution that Grievous Body Injury was not appropriate in this matter. Once this was accepted, Gary formally pleaded guilty to Driving without Due Care and Attention and received a small fine and penalty points on his licence. This was welcomed by our client who had feared that he would potentially have been sent to jail. In this instance, Gary was entitled to Legal Aid, which meant his criminal defence case was at no cost to him. You can learn more about Legal Aid at indirect.gov.uk.
If you or a loved one is being investigated for a driving offence or any other criminal matter, we can help you too. Learn more about our criminal defence service or contact us without delay to speak to a specialist criminal defence solicitor.
