Disabled person needing advice here.

I just want to remind you to be extremely respectful to the judge.

Originally posted by Incubus
I just want to remind you to be extremely respectful to the judge.

Yes, agreed.
I will go, tell the truth, be as honest as I can.
I will admit I kicked the car door, I think this is a good start.
And take it from there.

Spoke with my Lawyer again this evening (uk time) and she said the PF/Crown are reexamining the charges, in the light of my evidence, my witness's, the pictires of my injuries and Dr/Hospital letters.

I feel like a total idiot for kicking the car door at this stage, but i 100% felt, in that split second, heat of the moment time, that I had to defend myself and my family. I may be wrong, I dont know.
I know I will plead guilty to the car kicking, and see what offers come my way after that.

I genuinly feel for these other 2 lads, I really do, I am a big lad, and they must have thought (maybe) I was coming out the car to go for them.

The heat of the moment (And I know that as I am a soccer manager) is a very very hard place to be.

Once again ATS. Thanks for being there for a member

[edit on 1/6/2010 by shauny]

Spoke to my lawyer today.
confident they will accept plea of guilty to kicking door.
and either drop common assault charge, or water it down to assault thro intimidation.

Might get it all dropped.
My witness statments and pictures seem to have the pf/crown rethinking

reply to post by shauny


Yep you say pretty much what I thought would happen but I never said otherwise just in case I jinxed you and you ended up getting “renditioned” of to Cairo to have your knee caps re-educated with a bone saw prior to be water boarded all the way to Atlantis

Originally posted by SmokeJaguar67
reply to post by shauny

 

Yep you say pretty much what I thought would happen but I never said otherwise just in case I jinxed you and you ended up getting “renditioned” of to Cairo to have your knee caps re-educated with a bone saw prior to be water boarded all the way to Atlantis

Ok.
Update here.

The lad I was accused of kicking the car door on, and hitting several times..

.....did not show up at court today.

So the person who was the main/only person against me, now has a warrent out for his arrest.

The court have continued this till late September, but I was told today by my Lawyer to expect a letter from the PF/Crown to say "charges dropped"

The wee lad called the police on me, lied through his teeth, and didnt bother showing up today at court.
I managed there, as did my son and my pregnant woman.
The judge was superb, appologised to me personally and to my wife also.

Dont think this one has wings anymore.

All that worrying like a wee girly, and the lad cant be bothered showing up

Just a wee update, and thanks again for all your comments in this thread.

S

reply to post by shauny
Hello,
As I understand, you avoided an accident, and was hit from behind. The car that hit you is at fault, end of story.
Who approached who and initiated the failure to trade information for insurance; Who started the fight?

The fight is a separate case, it's the result of a driver rear-ending another driver ,who maneuvered to avoid an accident. The driver who hit you should have been paying attention to the roadway.

If the two are going to court, counter-sue. Present your case that way. While you're at it, sue the police who failed to issue a ticket to the party at fault.

And like others have mentioned, just keep a cool head. Be smart, not angry. I hope that helps.

After reading your update I find that my post is null. Congratulations. And good luck in the future...



[edit on (6/8/1010 by loveguy]

reply to post by shauny


See man, the law is a strung out, overweight bag of bolts not worth worrying about. However I am not advocating robbing your local bank with a wet kipper in a plastic bag either

The law is what is it – nothing much to be concerned about and I am very glad that you are finally going to be able to chill out now.

As a side issue I have experienced a similar thing on the road you describe but it was on the motorway and I was driving down to Tidworth Garrison with my wife and daughter back in the early 90’s.

It is not a nice feeling to be happily touching 70mph on the inside lane, empty road and not a car in sight when out of the darkness I see a car parked right on the lane that should always remain clear rather than the hard should where he should have been. I seriously thought we were dead because not only was this ‘nuggets’ car parked right in front of us but the driver side door was open and the driver was standing there, his face shining white and ghostlike in my headlights and looking aghast and open mouthed as he sees me, making a rising ‘Uuuuuuuuh’ noise and racing toward him at such high speed if we connected it was going to be all over.

Somehow I managed to avoid clipping him by (inches) twitching the wheel twice to the right and my car - a rented 1.1 ford fiesta left the road, literally skipping like a stone on water, jumping from one wheel to another with a horrible scuffing sound.

I was as amazed as my wife as we were back on the road and racing on into the night heading south as if nothing had happened. My wife continued to scream blue murder long after we are clear of the idiot and his car and I cannot say I blamed her. I felt like doing the same but my daughter had woken up in the back and I had to keep my head even though my wife had completely lost hers, heh.

How I managed to save us is something that to this day still has me breaking out in a hot flush because had it not happened to us I never would have believed it possible to have avoided a high speed crash like we did. I’ve been driving since 92 and have had a few close calls but never had a crash yet.

That motorway brush with death was probably my closest though (thus far).

Anyway good news mate, glad its going to be alright

mad story that. Lucky escape.

I am wondering now, If this lad shows up on this trial date, I take it, it will be in my favour that my Lawyer can use this against him ? as in, maybe he didnt show because he knows he is lying ? (he CLEARLY is judging by my statments and pictures)

i think his 2 choices are now : (help me if I am wrong)
1. get arrested and get done for non appearence and go to trial
2. get arrested and drop the charged, so he doesnt get into bother

This date was set by the judge, a few months away, but she wasnt happy, and the PF/Crown got a right hard time from the Judge.

God my lawyer is good.
I am still angry at myself for this happening, I wish no harm on anyone, I hope the lad is ok.

S

Update.

The trial was due to go ahead early last week.
5 days before the Trial, I got a letter from my Dr, just to say the toll this is having on my physically and mentally.
3 days before the Trial I couldnt walk, and I got a "Soul and conscience" letter from my Dr stating I was physically in no state to appear in court. The judge accepted this, and set a new date mid/late November

I AM GUTTED !!
I REEAALLLY wanted to get this over with.
But I couldnt walk. I even toyed with the idea of getting a few mates to carry me up there, but as it was a work day, I couldnt get help.

So here I am, 3 months of waiting again, and I am still no further forward.
I am GONE in terms of mental issues. I have been reffered to the Andrew Duncans Mental Health people and the Pain managment people at the local hospital.

I know the court does not give 1 care for me, my disability or my mental health, but I am becoming very cynical towards Lawyers in generel. It is like my Lawyer is "happy" to keep this going, as i get Legal Aid.
In the UK, If you are earn under a certain amount of money (like me) you are able to get "Legal Aid"
I get the feeling my Lawyer is stringing this along happy in the knowledge she gets £300+ for appearing on my behalf and sending a letter to me.

I got a letter saying I must appear at an Intermediate Diet the trial (1 week apart)
At this present stage, I just cant walk, stand, sit for long, and am spending long spells in bed with a laptop.
Also in the this letter is states

The crown witness and complainer were in attendance on the date. The Judge observed that if you (me) continue to be unfit for trial the a trial CAN be ordered to talk place in your "mine" absence, This would be very much to your disatvantage

I am no legal expert AT ALL... and my lawyer is, well, very hard to speak to, and get a hold off.

Few questions.

Can I ask my Local MP (Member of parliment" to ask the PF/Crown/Court or Police to reviev the case?
I have stated a number of times I am not guilty, the police never gave My partner (Who was 8 months pregnant) My 15 year old son, or I the right to give a statement on the day of the event.
I am the "Accused" only because there is 1 independent witness (police told me this)
I can prove to anyone, right now, that this independant witness is 100% wrong.

As I stated in a few posts, I was hospitalised by these events.
I have started procedured against the person who hit me with the side bumber from the other car.
I am also (and any advice would be BRILLIANT at this stage) looking to see if anyone can help me get somone to re-look at this case.


I AM GUTTED !!
I WANTED THIS DONE WITH.
I am disabled, i cant walk most days. I am being punished because of this.

I am not hiding behind my disability, but my disability is making it hard for me to get this DONE!
There is a definate connection between Stress/Mental Health and Pain
Right now, I am experiencing this. Was told so by a pain managment person last week.

This is NOT a big case really.
if 1 is...swearing and getting done with breach of the peace
and 10 is murder, this is about a 2 or a 3. But my inability to get to court is making it VERY hard for me, and it is holding me back in life

Also..
My Daughter who is 6 weeks old now, Chloe Dawn

She had her hearing test done at 4 weeks, and we think she may be deaf
Nothing at all registered, and it is tearing my partner and I to bits.
We will love her with all out hearts no matter what, but this is just more added stress, that leads to more pain, that leads to me being a bigger burden on my family.

I am a proud lad, a man of ethics and morals, and I feel less a man right now.
I am a wrech. This has been the worst 2 years of my life
The 2 shining lights of hope/love and happiness, my 2 new daughters, 16 months and 6 weeks old keep me going. (just)

don't worry about the legal issues, you did the right thing. who cares about the law the only thing that is important is that your family is safe. this is why you should carry a wooden baseball bat or a small crow bar in your vehicle. or a gun.

Originally posted by 2weird2live2rare2die
don't worry about the legal issues, you did the right thing. who cares about the law the only thing that is important is that your family is safe. this is why you should carry a wooden baseball bat or a small crow bar in your vehicle. or a gun.

Just an update here.
I have been diagnosed with some bone disorder, reason I dont post here more.
I am suffering depression to the stage I am seeing mental health people.
The pain I am in is chronic and I am in AGONY each and every day.

I wake up with a smile when I see my 2 beutifull daughters, and I count my blessings.

The trial (no jury, its a magistrate case, judge decided)
On the advice of my Dr I had to hand in another Dr's letter 6/7 weeks ago the Judge accepted this, and said, if I hand in another letter, the trial (no jury) will go ahead without me, so this is up for trial late November
My Local MP (Member of parliment) and I had a chat, and when its over she is going to put in a complaint to the police for letting it go this far and for sloppy work.

I am now back to square 1.
I have re-read the entire thread, and I KNOW i wont get the jail, its just the "having to put my family and myself through this"

I just want to get myself there, deal with the day, and move on with my life
This happened 19 months ago now. It seems I have had to live with the shaddow of this above my head for about 10 years. It really is that bad.

My disabilty is AWFUL.
There are several things the Dr has said it could be.
1. Bad Arthritis
2. Something to do with bone structure (no idea, im scared to google it)
3. I am now taking a drug called, Morphine on a need to take basis (I have taken a few 5mg shots and WOW, it takes the pain away, but sends me to sleep)
4. I have now started having both hips lock on me, ITS MORE PAIN THAT I CAN DESCRIBE
5. There is a direct link between stress and pain, I have been passed onto the pain managment people

I just want this done, I cant believe its been nearly 2 years.
I am disabled, and I cant help it. If I cant attend court, I cant attend court
My youngest daughter may be deaf, and we were 20 minutes late for her last hearing test because DISABLED OLD ME!!!! couldnt get my act together quick enough. Its enough to make me want to cry!!!!!!!!!

I am in a very bad place right now, pain, dispair, hurt, depression, wanting to end the pain for good.
I can go on, Court thing aside, because when this is over, I am still disabled.

I am a very lost person right now.

ok
Hope you are all well.

I still have this going on, this thread and its content.

It has dragged on, and on and on.
The last trial, I had to ge ANOTHER soul and conciance letter in early September. It is now 3 weeks away from the trial, and I have tore ligaments on my left knee. I am told if I dont attend te next trial (its just a magistrate trial, no jury) it will go ahead without me. I am going to go. No matter what, I will drag myself there, along with my partner and two young sons who are witness's also (I hate having to involve them, I really do)

I am at the "Worried" Stage again.
Can someone, ANYONE, please say something "meaninfull" and poitive please?
1st offender of Assault - EVER
I have a few stupid car offences going back 15 years, and the last serious one "Theft of golf clubs" was 16/17 years ago when I was about 21. I am now 37 and have just been diagnosed with "Chronic Pain Syndrome"

I am not sleeping. its RUBBISH!!!
I have photographic evidence I came off badly, I have my partner and my 16 year old son to back my story up. The "ONLY" indepedand witness stated "I got out of my car, kicked the door, punched both of them, then drove away"
Facts are, Both were threatening me after the minor car crash, I felt threatened by there threats to beat me up, I kicked the car door in what I feel was self defence, the passenger then hit me from behind then i got a "good kickin" I have medical proof and pictures. Why are the PF/Crown, why do they keep these trials going? Also I drove directly to the police station.
Since this has happened I have had 2 baby daughters, moved to a more suitable disabled house and my disability has gotten worse (Will the judge take my medical situation into account, Scottish law here)

Can anyone please put my mind at rest with one of your special pep talks please. I am worried like a wee girl here !!!


Shauny.
xx

Turned up to court end of last week.
The procurator fiscal/Crown "Deserted" the case "Pro Loco Et Tempore"

Got a letter the day after saying the case will never be brought up again.
From what I understand, the day of the Trial (I turned up and plead not guilty), the PF/Crown seen my wounds were very bad, and then dropped the case.

Thanks to ALL off you who said "nice things" on this thread.
I was the innocent party in the whole case from the start.

I am now just DELIGHTED it is all over.
Told by the PF himself that is the end of the matter.

My god, reading this all over again.
This REALLY messed me up.
In the end the Crown/Prosecution seen I was the victim and dropped the case.
But why was I made to go through 2 years of HELL to be told "you are the innocent one"

The justice system is all wrong here in the UK !!!