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Traffic Offence - Careless driving
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mmunguti
#1 Posted : Wednesday, September 11, 2013 1:42:18 PM
Rank: New-farer

Joined: 6/23/2011
Posts: 53
Question for Wazuans -
Facts - an accident along muindi mbingu resulting in a broken leg by the victim.
- due in court. Charge Sec. 49 (1) traffic Act.

OPTION
Option 1. Plead guilty hope for low fine n pay (get it over n done with)?

Option 2: plead not guilty, hire lawyer deal with the to n fros to court?


Now question is what are the pros? cons? of each option? anyone with experience? expertise? please advice.
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McReggae
#2 Posted : Wednesday, September 11, 2013 1:53:25 PM
Rank: Elder

Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
What is the truth? Guilty or not guilty!!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
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Siringi
#3 Posted : Wednesday, September 11, 2013 2:04:50 PM
Rank: Elder

Joined: 6/8/2013
Posts: 2,517
Consult your insurers.
"😖😡KQ makes money for everyone except the shareholder 😏😏 " overheard in Wazua
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quicksand
#4 Posted : Wednesday, September 11, 2013 2:31:28 PM
Rank: Veteran

Joined: 7/5/2010
Posts: 2,061
Location: Nairobi
Careless, reckless or dangerous driving? The adverb on the charge sheet is important.... Dangerous driving comes with not just a fine, but possibly a spell as a guest of the state cooling heels and becoming a 'wife' to some jailbird.
Get a lawyer IMO.;
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Lolest!
#5 Posted : Wednesday, September 11, 2013 3:34:18 PM
Rank: Elder

Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
try settle with victim out of court. Else get a lawyer and plead NOT guilty. If you make a mistake of pleading guilty, you are at the mercy of the court.
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
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kimiri
#6 Posted : Wednesday, September 11, 2013 3:53:01 PM
Rank: Member

Joined: 3/12/2008
Posts: 215
Siringi wrote:
Consult your insurers.


I agree. Also the police person handling the case could be of some help especially if you take the advise of settling the case outside the court.
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Njung'e
#7 Posted : Thursday, September 12, 2013 12:22:43 AM
Rank: Elder

Joined: 2/7/2007
Posts: 11,935
Location: Nairobi
quicksand wrote:
Careless, reckless or dangerous driving? The adverb on the charge sheet is important.... Dangerous driving comes with not just a fine, but possibly a spell as a guest of the state cooling heels and becoming a 'wife' to some jailbird.
Get a lawyer IMO.;


Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly ....that is not part of the sentence i guess.
Nothing great was ever achieved without enthusiasm.
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kiterunner
#8 Posted : Thursday, September 12, 2013 1:12:21 AM
Rank: Member

Joined: 7/9/2011
Posts: 730
Location: Nairobi
mmunguti wrote:
Question for Wazuans -
Facts - an accident along muindi mbingu resulting in a broken leg by the victim.
- due in court. Charge Sec. 49 (1) traffic Act.

OPTION
Option 1. Plead guilty hope for low fine n pay (get it over n done with)?

Option 2: plead not guilty, hire lawyer deal with the to n fros to court?


Now question is what are the pros? cons? of each option? anyone with experience? expertise? please advice.



i was wrongly advised by a police officer to plead guilty a few moons ago in a similar accident, ended up paying a 75k fine. At least it got out of the way quickly but even the judge couldnt believe I was agreeing to everything the police were saying.

Speak to the charging officer to know what exactly he is charging you with. Then get a lawyer to defend you. If you get a strict judge, it can be tricky with you pleading guilty. Be prepared for a big fine.
our goals are best achieved indirectly
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  | | Edit by user: Thursday, September 12, 2013 1:15 AM | Reason: Not specified
Lolest!
#9 Posted : Thursday, September 12, 2013 7:32:50 AM
Rank: Elder

Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
@kiterunner, the cops always want you to plead guilty. Make case easy for them. That way they avoid appearing in court as prosecution witnesses.
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
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mawinder
#10 Posted : Thursday, September 12, 2013 7:45:11 AM
Rank: Elder

Joined: 4/30/2008
Posts: 6,029
kiterunner wrote:
mmunguti wrote:
Question for Wazuans -
Facts - an accident along muindi mbingu resulting in a broken leg by the victim.
- due in court. Charge Sec. 49 (1) traffic Act.

OPTION
Option 1. Plead guilty hope for low fine n pay (get it over n done with)?

Option 2: plead not guilty, hire lawyer deal with the to n fros to court?


Now question is what are the pros? cons? of each option? anyone with experience? expertise? please advice.



i was wrongly advised by a police officer to plead guilty a few moons ago in a similar accident, ended up paying a 75k fine. At least it got out of the way quickly but even the judge couldnt believe I was agreeing to everything the police were saying.

Speak to the charging officer to know what exactly he is charging you with. Then get a lawyer to defend you. If you get a strict judge, it can be tricky with you pleading guilty. Be prepared for a big fine.

Wait for the tortious liability suit which you will definitely lose as you pleaded guilty and be prepared to pay damages.My advice is never plead guilty whenever a person is injured.
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