Please Help
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OK.Heres the case and the list of question i need to ask u laojiaos.
Case:He was driving along XX road at not a normal speed and proceed when the light was red(he told me he was saw the wrong traffic lights as the road had many junctions and all were green).Hit a motorcyclist and the motorcyclist fractured one leg.Stopped his car,went out of the car to assist the motorcyclist.
Received the TP letter asking him to go court.ok Heres wat i wanna know.
Will he receive jail term?(he didnt beat the red light on purpose and is a P plate driver)
Will he have a criminal record?Or just a traffic record?
License sure gone?
Please give me more details in ur replies.Really worried for him. -
No.1 - seek good counsel
No.2 - very hard to predict outcome; but I would expect this:
A) Loss of license + Fine
B) Damages + Costs
C) No jail term - driver was not DUI of any substance; the most that can be attributed to him is careless driving.
I will not elaborate on this; there's a reason why lawyers are paid handsomely for the work they do. There is alot of research and thought that they have to go through in order to even advise/proceed with a case; this is not to mention the fact that counsels are not suppose to actually predict (to a client) the outcome of the case. -
sorry realise there were lots of grammatical erros.One of the typs was that he was driving at a normal speed about 40-50.Hmm u mean he has to pay damages + cost to the victim?Will this be convered by the insurance?(bcos the car is covered but not him).Thanks a lot!So far u have been a great help!
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As stated, careless driving would be the offence I think the driver would be (or have been) charged under.
I rationalise this on the grounds that driver was not DUI of any substance, and that driver was not speeding nor demonstrated any elements of dangerous driving.
Furthermore, driver is P plate; lack of experience, judge will be lenient - if driver is young, judge will be more likely to be lenient too. As I said, don't worry too much; jump the hurdle as it comes.
You will receive a criminal record if convicted; again, don't worry too much about this .. when you weigh out conviction and jail term, you'll be relieved to receive the lesser of the two. There won't be a major impact on your life with this conviction; speak to a counsellor as counselling will help you through this.
As I said, have you sought good counsel to represent you? I will be happy to recommend firms.
With regards to insurance, the exact state of affairs is too vague for me to give you any comments.
Be aware that the motorcyclist will also have a civil claim against you. Don't be penny-wise pound-foolish. SEEK EXPERT COUNSEL!
My above posts are purely my personal opinions that I am providing without receiving consideration; it in no way reflects and substitutes professional advice in any capacity.
Inconsiderate & Careless Driving
The Law - Driving without due care and attention or reasonable consideration is prescribed for in Section 65 of the Road Traffic Act Chapter 276 which states:
"If any person drives a motor vehicle on a road without due care and attention or without reasonable consideration for other persons using the road, he shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months or to both, and in the case of a second or subsequent conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both."
There are two distinct offences under this section: careless driving (ie driving without due care and attention) and inconsiderate driving ( ie driving without reasonable consideration).
Careless driving is furthermore prescribed under Rule 29, Road Traffic Rules, which states :
"No vehicle shall be driven or ridden upon a road otherwise than in an orderly and careful manner with due regard for the safety of others ."
Careless driving is punishable under Section 131(1A) Road Traffic Act Cap 276 which states:
"A person who is guilty of an offence under this Act shall be liable on conviction, where no special penalty is provided in the case of the first offence, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months and in the case of the second or subsequently offence to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months."
http://driving-in-singapore.spf.gov.sg/services/Driving_in_Singapore/Information/pressandmsg/dangerousdriving.htm -
wait..so it is a criminal record??Wont his future employment be affected?
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I wouldn't think so. Companies are very very very cautious with white collar crimes .. even basic larceny .. but not so much for traffic offences ... I think they would close one eye. It is easy to attribute the inability of finding a job due to insufficient creditials and the sorts to bias.
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He told me that the TP letter states that he is charged under SEC 64(1) of the Road traffic Act Cap 276 which is dangerous driving,and carries 24 demerit points.Do u have any idea why is he charged under this?
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Dangerous Driving
The Law - Section 64(1) of the Road Traffic Act Chapter 276 states:
"If any person drives a motor vehicle on a road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case , including the nature, condition and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road, he shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both, and in the case of a second or subsequent conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both."
Section 64(2) of the Road Traffic Act states:
"On the second or subsequent conviction under this section, the convicting court shall exercise the power conferred by section 42 of ordering that the offender shall be disqualified from holding or obtaining a driving licence unless the court, having regard to the lapse of time since the date of the previous or last previous conviction or for any other special reason, thinks fit to order otherwise, but this provision shall not be construed as affecting the right of the court to exercise the power aforesaid on a first conviction."
Section 64(4) of the Road Traffic Act states:
"Any police officer may arrest without warrant any person committing an offence under this section."
Examples of Dangerous Driving
Failure to conform to the Pedestrian Crossing Rules resulting in pedestrians taking evasive action by stopping abruptly in their tracks or 'jumping back' to avoid being collided into;
Sped (exceeding speed limit by 20 kph) through a junction against the traffic red light signal resulting in other vehicles having to take evasive action to avoid a collision or a near collision;
(1) Cutting across double white lines, or
(2) Overtaking in the face of on-coming traffic,
and forcing on-coming vehicles to take evasive action to avoid a collision or a near collision;
Switching lanes repeatedly at speed well exceeding speed limit by 40 kph without signal or driving in a zigzagged manner at speed exceeding limit by 40 kph, and by so doing encroached into the path of vehicles resulting near collision with these vehicles.
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Wow TP sure is fierce with him. The reason why he is charged with dangerous driving is because he caused injury. I never considered this because he wasn't speeding nor driving recklessly; he failed to see a traffic light and drove right through. But geez, since TP is taking this stance ... the stakes are much higher now.
WAIT WAIT, sorry I'm tired, just re read your post and wrote the facts down and analysed this properly; I realised why TP is charging him under this.
The red light signal was on when your friend drove through. It does not matter that up till that point in time he was driving within the speed limit. When he drove through the junction, he was going >20km/h. He cause injury to a fellow motorist who had right of way.
You and your friends should stop asking questions online and seek counsel immediately. They will be able to give much clearer advice for which I am not prepared nor equipped to provide.
EDIT: This is not that straightforward or simple; there are many other factors that have to be accounted for. I'm just roughly and briefly explaining what has happened, and what will likely happen. I think that now that TP has charged him with DD, he'll be lucky to get off without a jail term. As I said, he does have alot of things going in his favour - helping motorist, P plater, young etc. -
wah, so chim. u lawyer ah?
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rmyfrm i just wanna thank u for all ur help tonight.But i just need to ask u a few more question ok?Because this friend of mine does not have the resources to engage a counsel.I gurantee this will be the last questions.
Case Summary:
1)Drove through red light within speed limit(carelessness)
2)Caused the victim's left leg to be fractured
3)Driver is a P plate driver and is young.
4)One of his parents was beside him when he drove
5)Went out of car to help the motorcyclist but was in a state of shock
6)Feels remorseful
7)Charged for dangerous driving(Sec 64(1) Traffic Act Cap 276)
the accident IO(investigating officer) told him that a jail term is "highly unlikely" but he was strangely charged with dangerous driving.
1)Without engaging a counsel,can the court reduce the charges based on the fact that he is young..P plate..helped the victim and etc?(and the likelihood of it being reduced)
2)Based on ur knowledge and experience,will he be given a jail term?
3)If he is really chaged for dangerous driving but does not go jail,will this be the end of his future.
I once again thank you for your time rmyfrm,and hope you can answer these questions.I can only thank God for people like you. -
1) There is no such thing as running a red light within a speed limit; the two do not go together. You can be driving within the speed limit up till the red light junction, but as soon as you run it, and run it >20km/h, you will come within definition of the dangerous driving act, and hence your friend was so charged.Originally posted by loneFighter:rmyfrm i just wanna thank u for all ur help tonight.But i just need to ask u a few more question ok?Because this friend of mine does not have the resources to engage a counsel.I gurantee this will be the last questions.
Case Summary:
1)Drove through red light within speed limit(carelessness)
2)Caused the victim's left leg to be fractured
3)Driver is a P plate driver and is young.
4)One of his parents was beside him when he drove
5)Went out of car to help the motorcyclist but was in a state of shock
6)Feels remorseful
7)Charged for dangerous driving(Sec 64(1) Traffic Act Cap 276)the accident IO(investigating officer) told him that a jail term is "highly unlikely" but he was strangely charged with dangerous driving.
1)Without engaging a counsel,can the court reduce the charges based on the fact that he is young..P plate..helped the victim and etc?(and the likelihood of it being reduced)
2)Based on ur knowledge and experience,will he be given a jail term?
3)If he is really chaged for dangerous driving but does not go jail,will this be the end of his future.
I once again thank you for your time rmyfrm,and hope you can answer these questions.I can only thank God for people like you.
I doubt very much your friend would be able to have the offence reduced to the lesser charge of careless driving in exchange for entering an admission. Although seeking counsel would increase your chances greatly because counsel can reason based upon what I'm about to say in "2".
2) In light of the circumstances, I am relatively certain of the following:
A) The court will be lenient in its ruling against him. He is a P plater, and clearly lacking experience. He is young. Most importantly, he stopped his car and got out of the vehicle to assist the motorcyclist. A submission by the motorcyclist would be of great assistance imo.
Demonstrating remorse is also a factor that can weigh heavily in the court's ruling. There is no better way to do this than pleading guilty to the offence of dangerous driving. An expert witness's (psychologist/psychiatrist/counsellor) submission would also help.
B) I believe the court will not be so harsh as to deliver an unfair and unjust ruling; I think the most likely outcome would be a conviction, a fine, costs (that is court fees etc) and loss of his licence. I don't think there will be a jail term. IO statements are usually quite ... accurate predictions ... as they have seen the most of such cases.
C) As I have said, I very much doubt it will be the end of his future. Companies usually turn a blind eye where the conviction involved is one to do with a traffic offence. In fact, don't lose hope. Use this to your advantage. When going for interviews, sincerely admit past mistakes and explains why it made you a better and more mature person (draw relevance to being ideal for the job).
Don't get me wrong. I like to help people, especially good people. I'm just a naturally jaded person, hence my replies can seem .... anyway, GOOD LUCK!
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Let me put something into perspective for you. Engaging counsel will not run you more than 10k ... a figure that you could pay off easily in the future; and would be more than worth while for a shot at getting the charge reduced. However, the risk you subject yourself to by not engaging one is immense .. jail term etc.
Also .. with counsel ... smaller fine + higher costs ... without counsel ... probably larger fine (because they will be able to expertly submit your case).
Think about this ... conviction without a jail term ... arguably viewed as not so serious ... but a conviction with a jail term ... DEFINITELY viewed negatively. If you are concerned about the future, engage counsel.
With regards to this, the litigation department of large firms charge competitively while providing large firm experience, and infrastructure (both will assist your counsel, who will in turn assist you greatly).
I am a big fan of Rodyk and Davidson; one of SG's largest and best firms. They are an excellent firm in all respects. Their litigation department is top notch and they in fact, handle a number of traffic/insurance cases for NTUC. They charge competitively as well. Their lawyers are also very accessible.
I don't work there and definitely not doing them any favours. Just trying to help, as an anonymous online poster.
EDIT: I haven't proof read this lengthy post ... really tired ... if some things don't make sense because of any grammar/spelling/punctuation/fragmentation issues, ask me. Just hope this helps. The legal profession and justice system is full of integrity, and carries the great burden of responsibility with impartiality and professionalism. Don't worry unduely. Lady justice may be blind but she is fair. -
" Lady justice may be blind but she is fair"
I hope this is fair.I guess a loss of license and fine is expected.But a jail term is a nono.Yes my friend has said he is going to plead guilty as the IO also told him pleading guilty would reduce the charges.Let just pray he gets a fair sentence without a jail term.And Rsy i will bear your words in mind should he wishes to engage a counsel.You words have gave me a clearer picture of whats in store for him.Thank you once again and best wishes.
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Me not lawyer la .. to get into law school entry requirements so high! not to mention crazy study + high drop out rates .. doubt very much any lawyers surf sgforumsOriginally posted by cosmic_rides:wah, so chim. u lawyer ah?
Anyway TS keep me updated on progress ya?
I also forgot to mention yesterday .. slipped my mind, so tired .. ask your friend to seek legal aid, they lowered the qualification bar so if he qualifies, good for him. -
If your friend got heavier sentence than Christopher Lee ar.. Maybe you can get the whole news to the TNP.. Fry the news big big.
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you kidding?how can that be.Not a drink driving case + never hit and run.