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-   -   Do I need a solicitor??? (https://britishexpats.com/forum/new-zealand-83/do-i-need-solicitor-507001/)

Walls Family Jan 17th 2008 7:41 pm

Do I need a solicitor???
 
On wednesday i was involved in a car accident. Yesterday the police phoned me about it and basically they have said that it was my fault and I will be prosecuted for "reckless driving" I will have to go to court and be fined ( no idea how much) Thank god no one was seriously hurt just bruising. I cant tell you how ashamed i feel, I feel dreadful.
So point being, the police officer said i can get a solicitor if i want, but thats just going to cost me more money... I am insured.. should i get one? I know nothing about the system over here.. Can anyone help??:(

simonmarkellis Jan 17th 2008 7:54 pm

Re: Do I need a solicitor???
 

Originally Posted by Walls Family (Post 5801946)
On wednesday i was involved in a car accident. Yesterday the police phoned me about it and basically they have said that it was my fault and I will be prosecuted for "reckless driving" I will have to go to court and be fined ( no idea how much) Thank god no one was seriously hurt just bruising. I cant tell you how ashamed i feel, I feel dreadful.
So point being, the police officer said i can get a solicitor if i want, but thats just going to cost me more money... I am insured.. should i get one? I know nothing about the system over here.. Can anyone help??:(

Many moons ago I use to work in a traffic processing department, prosecuting people for various driving offences. Knowing how the process works, you're probably still months away from any court case if indeed one does surface! For any court case statements need to be taken and indeed need to be forthcoming from all parties involved as well as witnesses. In my experience people may well make statements at the time, then you never hear or see them again or give details in order for statements to be collected and again never seen or heard of again. It's a bit rash for them to say after a day or so that you will be prosecuted as it won't have been investigated yet! Worse case scenario as no one was hurt you'd be looking at 6 pts and a fine, best case scenario you'll get a letter saying tsk tsk don't do it again and be let of with a warning. It's going to all depend on what everyone say's not just some plod on the end of a phone. What can help is when it comes to it and you should be asked for a formal statement reiterate how sorry you are. It was also the case in the past to be able to plead guilty by post as well, so no-one turns up in court. Time will tell see what happens, they still do have only six months in which to get the case to court, and with the British legal system, who knows!!

Walls Family Jan 17th 2008 8:05 pm

Re: Do I need a solicitor???
 

Originally Posted by simonmarkellis (Post 5801985)
Many moons ago I use to work in a traffic processing department, prosecuting people for various driving offences. Knowing how the process works, you're probably still months away from any court case if indeed one does surface! For any court case statements need to be taken and indeed need to be forthcoming from all parties involved as well as witnesses. In my experience people may well make statements at the time, then you never hear or see them again or give details in order for statements to be collected and again never seen or heard of again. It's a bit rash for them to say after a day or so that you will be prosecuted as it won't have been investigated yet! Worse case scenario as no one was hurt you'd be looking at 6 pts and a fine, best case scenario you'll get a letter saying tsk tsk don't do it again and be let of with a warning. It's going to all depend on what everyone say's not just some plod on the end of a phone. What can help is when it comes to it and you should be asked for a formal statement reiterate how sorry you are. It was also the case in the past to be able to plead guilty by post as well, so no-one turns up in court. Time will tell see what happens, they still do have only six months in which to get the case to court, and with the British legal system, who knows!!

Thanks for your quick reply.. I now live in N.Z.... sorry for the confusion..
was wondering about N.Z rules!!

Walls Family Jan 17th 2008 8:24 pm

Re: Do I need a solicitor???
 
:o Have now changed my details... sorry..:eek:

simonmarkellis Jan 17th 2008 8:58 pm

Re: Do I need a solicitor???
 

Originally Posted by Walls Family (Post 5802018)
Thanks for your quick reply.. I now live in N.Z.... sorry for the confusion..
was wondering about N.Z rules!!

Oh! can't help you there then! :( Can you plead insanity? :rofl:

Nerine Jan 17th 2008 9:17 pm

Re: Do I need a solicitor???
 
Sounds like you're still a bit shaken up after the incident, hope you're ok.

Why not pop down to the citizens advice office in Browns Bay (it's next to the council offices) and have a chat with them?

brussels_sprout Jan 17th 2008 9:48 pm

Re: Do I need a solicitor???
 
Try looking at your insurance policy, many comprehensive policies include legal help. But yes, i would get legal advice, the first appointment is normally free

Ted Logan Jan 17th 2008 9:55 pm

Re: Do I need a solicitor???
 
if you plea guilty you don't need one

if you plea not guilty than you should

hopefully it will be a fine, lets hope they don't take your licence away :eek:

Walls Family Jan 17th 2008 11:14 pm

Re: Do I need a solicitor???
 

Originally Posted by Ted Logan (Post 5802478)
if you plea guilty you don't need one

if you plea not guilty than you should

hopefully it will be a fine, lets hope they don't take your licence away :eek:

Thanks for that... you really know how to cheer some one up!!!.... not..

crap coffee Jan 17th 2008 11:57 pm

Re: Do I need a solicitor???
 
Hi there

I just spoke with a solicitor (my younger brother) who practices at North Shore.

There's a duty solicitor for free advice at the court. can't tell you futher than that since he doesn't know the detailes/what's going on


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