Fiat Panda automatic - Summons after admitting guilt at scene?

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Fri 1 Aug 2014 01:48
Fiat Panda automatic - Summons after admitting guilt at scene? - WeeFie

Reversed on to pavement into a signpost (flattened post) when in a flap trying to park in angled space on main street. On pavement almost a yard, no pedestrians but if there had been could've injured someone. (wouldn't have been reversing if someone behind me) Police contacted by onlooker in restaurant.

I admitted at fault at scene - police mentioned Dangerous Driving and...my recollection...Re-sitting test, but might have been Driver Awareness.

Police phoned next day to ask how I was (small town) but also asked if I had any medical conditions and if it was a regular occurance?.. said none relevant to driving and No: just oversensitive accelerator on the automatic....police caller said automatics are the worst. Car uneconomical to repair, so I've a manual Suz Splash now and even took a refresher driving lesson. All fine a month later...

Now received Court Summons with form for Income but no Admission of Guilt form?

Why have I to go to court if I've admitted guilt at scene?

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Fri 1 Aug 2014 02:40
Fiat Panda automatic - Summons after admitting guilt at scene? - TedCrilly

So ....lets summerise, you have got into a flap while parking, backed onto the pavement, taken out a signpost and written your car off in doing so?

From that description of events its fair to assume your actions have fallen well below that of someone driving competantly. On that basis I would guess (as it would appear the officer at the scene said).........you are going to be prosecuted in court for dangerous driving.

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Fri 1 Aug 2014 08:37
Fiat Panda automatic - Summons after admitting guilt at scene? - Dwight Van Driver

What offence listed on the summnons?

Must be more than you are saying as for a minor no injury accidents Plod do not get involved these days.

dvd

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Fri 1 Aug 2014 12:32
Fiat Panda automatic - Summons after admitting guilt at scene? - WeeFie

Thanks for your replies.

Dangerous Driving listed, was pretty much as Ted described. Onlooker contacted police. At scene they examined (10yr old) Panda & said it was fit to drive..and let me drive away. Actually, mechanic said it shouldn't be driven, or parked on street, as the metal sticking out from bumper could cut someone walking by. Obv left it with him then.

There is police statement on summons describing what happened. I think the point is I reversed onto pavement allbeit between kerb and a planter, not where anyone would stand or cross. And I did check no-one was behind me.

Do I prepare mitigation statement to read in court, or will they ask me questions? What do you think is likely outcome? Fine? Driving ban? Jail?

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Fri 1 Aug 2014 13:22
Fiat Panda automatic - Summons after admitting guilt at scene? - FP

Pretty much what Rob said below.

In my unprofessional opinion, jail very unlikely.

You mention no relevant medical conditions to driving - is that your opinion, or is it more official than that?

I guess you're not young - might your age be a consideration here (to put it delicately)?

I'm sure you're best approach is to be dignified, totally open and contrite, but not a pathetic mess, which will make the court think you shouldn't be driving at all; if appropriate, mention you have taken a recent refresher driving lesson - this shows you are taking the issue seriously.

This will be magistrates' court, I assume, which is not too intimidating, but you shouldn't relax just because things are not highly formal.

Finally, I wish you the best of luck with it. It would be nice to hear back from you when it's over.

Edited by FP on 01/08/2014 at 13:25

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Sat 2 Aug 2014 01:03
Fiat Panda automatic - Summons after admitting guilt at scene? - WeeFie

Rly appreciate everyone's advice. I've put myself in my Mum's shoes to post this...lots of medical conditions typical of former nurse in 70s (as you diplomatically guessed).. but no spasms or limiting pain or anything physical that affects driving. "I wouldn't drive for 3hrs anymore and don't drive if I'm tired or particularly sore.. She doesn't do any necessary driving and can choose not to. She's experienced in all roads and patient. The only thing is anxiety under pressure... so NOT looking forward to "being on trial".

We asked doctor about relevance of medical conditions recently and he is happy with her (though obv hasn't been in car with her). She is a better driver than 50% of people I know & I drive for a living and in her wee town better that 80% of people on the road - not something would bring up in court, but so frustrating that 'serious damage to property' makes Her dangerous.

It's local Sheriff court (Scotland). Am thinking Mature Driving Assessment before court date so either "competent" or she hands her licence in before they take it off her?

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Fri 1 Aug 2014 12:33
Fiat Panda automatic - Summons after admitting guilt at scene? - RobJP

So, to sum it up :

You (in your own words)'flattened' a signpost, on a pavement, writing off your car in the process, while you were "in a flap", but you're trying to blame it on an excessively sensitive accelerator pedal.

You may well find that the court hearing will be to determine if you are fit to hold a licence or not.

Edit : just seen your latest comment. I very much doubt that jail would be a possibility, so don't worry too much on that. However, if I was you, I'd be turning up in court, and pleading guilty and being very contrite in person. It looks better than a letter, if they're determining whether to rescind your licence or not.

Edited by RobJP on 01/08/2014 at 12:37

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Fri 1 Aug 2014 13:12
Fiat Panda automatic - Summons after admitting guilt at scene? - WeeFie

Thank you. I realise the Serious damage to property = Dangerous driving and not being in control of my acceleration is incompetent. I have went back to manual to have more control ..I wonder if taking more lessons in next 3 weeks would help show I'm serious about improving?

Should I mention that everyone complains about the shape of that parking space (& the post, actually I'm not the first to hit it and it's not being replaced) - instead of rectangle the back narrows in a diagonal? It's on the right side of a one way street and just behind it another street enters, so it's a bit hectic getting in without holding up traffic. I don't park there any more.

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Fri 1 Aug 2014 13:28
Fiat Panda automatic - Summons after admitting guilt at scene? - FP

"Should I mention that everyone complains about the shape of that parking space (& the post, actually I'm not the first to hit it and it's not being replaced) - instead of rectangle the back narrows in a diagonal? It's on the right side of a one way street and just behind it another street enters, so it's a bit hectic getting in without holding up traffic."

Personally, I wouldn't push this, but if someone at some point suggests that they cannot imagine the scene, if you had a few photos they might come in useful.

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Fri 1 Aug 2014 15:54
Fiat Panda automatic - Summons after admitting guilt at scene? - Dwight Van Driver

So you reverse and misjudge clearance and flatten a sign so they charge you with DANGEROUS Driving?

Really?

Careless maybe at a stretch.

Me thinks someone else in that Cafe that witnessed the incident has anothet account of what happened.....or am I being cynical?

dvd

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Fri 1 Aug 2014 16:15
Fiat Panda automatic - Summons after admitting guilt at scene? - TedCrilly

Another tip.......consider this comment.

"no pedestrians but if there had been could've injured someone. (wouldn't have been reversing if someone behind me"

Dont dwell too much on this, the court may ask you something along the lines of, why if you make a point of looking for pedestrians behind you and dont manoeuvre if there are you dont do the same for signposts. It will be a very difficult question to answer if they throw it at you

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Fri 1 Aug 2014 18:14
Fiat Panda automatic - Summons after admitting guilt at scene? - SteVee

Do you think the automatic transmission contributed to your lack of control ?

I guess that you're experienced in driving an automatic, but not in the circumstances you found yourself in ?

Did you have to give it a lot of accelerator - and then found that it suddenly moved too much ? It then took you longer to regain control ?

What caused you to be 'in a flap' ? Was it trying to control the car and it didn't do what you expected it to ?

I don't understand the dangerous driving charge - a talk with a solicitor could be useful.

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Sat 2 Aug 2014 01:35
Fiat Panda automatic - Summons after admitting guilt at scene? - WeeFie

One year with automatic. I (daughter) even found it over sensitive. Definately auto contributed to lack of control..that's why went back to manual. Totally accelerator has a point where from doing nothing it shoots..and without clutch control to balance it...

Parking (not strong point) in a weird shaped space- that's rarely free- just ahead of a busy junction in a car that's hard to control at slow speeds...that would cause many to be in a flap.

I realise this isn't a court defence. Am definately thinking Driving Assessment before Court..(though if everyone had an assessment our roads would be a lot quieter!)

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Sat 2 Aug 2014 01:15
Fiat Panda automatic - Summons after admitting guilt at scene? - WeeFie

Good point. Clearly didn't have control of the car = dangerous driving

that was at Ted

Edited by MacLeod on 02/08/2014 at 01:17

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Sat 2 Aug 2014 01:12
Fiat Panda automatic - Summons after admitting guilt at scene? - WeeFie

Well I think it's the Serious Damage to Property I've read equals Dangerous Driving. I know, it's so unfair this is the same category as people who kill someone.

It was the owner of the restaurant that took her in & gave her coffee to calm down, so maybe he made statement about her being stressed and old. Was talk of the town as the girls in the bank saw 'an old lady crash into a signpost'.

From what everyone's said this is clearly about an older person's fitness to drive.

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Sat 2 Aug 2014 01:22
Fiat Panda automatic - Summons after admitting guilt at scene? - RobJP

My father-in-law had a similar incident a few years ago. Got stressed and confused while trying to park (queue of traffic building up), and managed to bury the accelerator. Across the pavement, car half planted in a shop. Pure luck that nobody was seriously injured or killed.

Initially, he was adamant that it must have been a fault with the car, and that he was hard on the brakes at the time ... it was later shown that he was hard on the accelerator, and had been trying to stop the car by pushing it into the floor.

Fortunately, he eventually decided not to attempt to challenge matters, and gave up his licence. CCTV from the shop he struck showed a woman and child in pushchair about 3 seconds from being killed, and that eventually sank in with him.

I think your mother might be in the same boat. Thankfully, only metal has been damaged.

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Sat 2 Aug 2014 02:15
Fiat Panda automatic - Summons after admitting guilt at scene? - WeeFie

Thank you. Her (even older) friend did same with neighbour's garage. She def isn't getting mixed up with pedals, but the control is still a serious issue.

I'm going to start with suggesting more lessons for her..leading up to a Mature Driving Assessment. We've talked about everything relating to her age including giving up driving. The major sting is 'to prevent memory loss, social activities stimulate the mind' and in her rural area it's a real disability to not have a car. Genetically, the memory loss is in the post so we're keeping a close eye on everything...and she's been cleared...only problem is anxiety. Vicious circle really.

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