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Traffic Offence - Careless driving
Rank: New-farer Joined: 6/23/2011 Posts: 53
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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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Rank: Elder Joined: 6/17/2008 Posts: 23,365 Location: Nairobi
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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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Rank: Elder Joined: 6/8/2013 Posts: 2,517
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Consult your insurers. "😖😡KQ makes money for everyone except the shareholder 😏😏 " overheard in Wazua
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Rank: Veteran Joined: 7/5/2010 Posts: 2,061 Location: Nairobi
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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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Rank: Elder Joined: 3/18/2011 Posts: 12,069 Location: Kianjokoma
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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.
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Rank: Member Joined: 3/12/2008 Posts: 215
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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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Rank: Elder Joined: 2/7/2007 Posts: 11,935 Location: Nairobi
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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.;  ....that is not part of the sentence i guess. Nothing great was ever achieved without enthusiasm.
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Rank: Member Joined: 7/9/2011 Posts: 730 Location: Nairobi
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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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Rank: Elder Joined: 3/18/2011 Posts: 12,069 Location: Kianjokoma
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@kiterunner, the cops always want you to plead guilty. Make case easy for them. That way they avoid appearing in court as prosecution witnesses.
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Rank: Elder Joined: 4/30/2008 Posts: 6,029
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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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Rank: Member Joined: 4/1/2009 Posts: 846
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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. Police collect from both sides, be very careful, get advice from a lawyer and also from your insurance, if the state is charging you fro careless.dangerous driving hakuna out of court settlement hapo. If the victim is sueing for compensation, plead not-guilty and let them deal with your insurers, kama ni 3rd party insurance out of court will work and maybe cheaper than hiring a lawyer, i stand being corrected on the 3rd party bit.
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Rank: Veteran Joined: 4/1/2009 Posts: 1,883
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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. if you were guilty then why did you want to lie to the court? that was the right advise. don't blame the police officer who just wanted you to be honest.
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Rank: Veteran Joined: 4/4/2007 Posts: 1,162
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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. Give us a little background of the accident. Speeds on this road are normally 10 - 20kph due to human/vehicle traffic
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Rank: Elder Joined: 6/21/2008 Posts: 2,490
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mkenyan wrote: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. if you were guilty then why did you want to lie to the court? that was the right advise. don't blame the police officer who just wanted you to be honest. The man who marries a beautiful woman, and the farmer who grows corn by the roadside have the same problem
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Rank: Elder Joined: 8/4/2008 Posts: 2,849 Location: Rupi
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mawinder wrote: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. When a person is injured the case takes a different angle. Do NOT plead guilty when somebody is injured. In 2032 when they catch a cold, they will still blame it on the accident and come running after you. Lord, thank you!
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Rank: Elder Joined: 8/4/2008 Posts: 2,849 Location: Rupi
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Its a bonus to the sentence. Lord, thank you!
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Rank: Veteran Joined: 10/25/2007 Posts: 1,574
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majimaji 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. Give us a little background of the accident. Speeds on this road are normally 10 - 20kph due to human/vehicle traffic Yes. Give more info. Mechanisms of injury? Which hospital did he go to? Which orthopedic surgeon saw him? Is it possible the doctor will be called to court as a witness? These expert witnesses can fry you! If you hit a guy and break his leg, settle it out of court with the injured person and the cops. Set out to correct the world's wrongs and you will most certainly wind up adding to them.
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Rank: Member Joined: 7/9/2011 Posts: 730 Location: Nairobi
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Lolest! wrote:@kiterunner, the cops always want you to plead guilty. Make case easy for them. That way they avoid appearing in court as prosecution witnesses. it was my first time in court, the laws were brand new. I am just glad we got over with it. our goals are best achieved indirectly
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Rank: Veteran Joined: 11/9/2009 Posts: 2,003
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kiterunner wrote:Lolest! wrote:@kiterunner, the cops always want you to plead guilty. Make case easy for them. That way they avoid appearing in court as prosecution witnesses. it was my first time in court, the laws were brand new. I am just glad we got over with it. Please let us know what transpired...
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