Posted by
homegirl
14 yrs ago
I've been charged with careless driving after an accident where i had no choice but to go up the back of another car. I now have to attend court, is this normal?
Any help ould be gratefully received as i'm a little nervous to say the least, thanks.
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It is normal. The insurance companies in HK will not settle until a court has decided who was at fault. If you are being charged with careless driving then the suggestion from the Police is that they have witnesses and evidence that puts the fault on you. In most places, normally, if someone rear ends another car then the car behind is usually at fault.
If found guilty, the fines are not usually heavy (and you would most likely pick up points as well).
If you believe that you have a defence then you can defend yourself, or appoint a lawyer to do so (but you need to think of the costs). You also need to ask for the proceedings to be in English (otherwise they won't be!)
At the risk of being flamed by some on this board, if you hit a local, you are most unlikely to win because he will have acquired large numbers of witnesses on his behalf by now.
It is the worst part about driving in HK. Good luck. It is a thoroughly nerve wracking process.
By the way, I am not a lawyer, just an expat who has been through the same situation.
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I just went through this yesterday and since this thread was marginally helpful beforehand I thought I would come back and add to help out too.
The whole careless driving thing appears to be silly as far as I can see. Why they need you to go to court is beyond me. I expected a big deal but there were 41 cases to be heard starting at 2:15. The judge got through them all in about 40 minutes. Really. They call your name, you approach the mike, they confirm you are you and read the inane charge, then you plead guilty, they bang the gavel and ask you to go upstairs and pay $750. That's it. Your bit takes 3 minutes. No one pled not guilty and from what I can see it isn't an option and why would you? Just pay and get the hell out of there and get on with your life.
OK so its 5 points, which is a lot, but that's the same as a red light ticket, for which you don't need to appear at all. I still cannot figure out why they require you to appear; you dont for other tickets - payment is an admission of acceptance and guilt. OK, book me. But dont waste my time.
Anyway, for sure you dont need a lawyer. A lawyer probably wrote that. There is no opportunity for you to speak in explanation at all. Like I said, you could probably send the maid. Now, that's a proper HK solution.
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Agenda - thanks for your note. Court date is tomorrow and getting really wound up about it but having read your message it put me at ease.
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So went to court, sat through other peoples cases (was quite an eye opener) and got given a $900 fine, no mention of points.
So, do i automatically get the points OR because there was no mention of them at the time do i avoid getting them?
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190k
14 yrs ago
Automatic unless the extra 5 points would have you be disqualified. Then you would have been given the oppportunity to give special reasons not to be disqualified.
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Hi, I was also involved in a car accident recently. I rear ending a taxi so legally I realize that I was at fault. On Friday I received notice that I am being charged with careless driving. Obviously I'll get some legal advice but I get the feeling that the person at fault is charged with careless driving as a matter of course. This is in contrast to where I am from where to be charged you generally need to be pretty reckless rather than just experience one moment of inadvertence in over 20 years of driving!! Anyway, I will likely plead guilty but my worry is that I will find it difficult to get insurance in the future.
Can any of the posters please comment on how the conviction impacted their insurance and also whether it had any impact on their employment visa? Thanks all.
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190k
14 yrs ago
You will lose some of your NCD if you have any to lose
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It won't impact your Employment Visa, and as 190k says it will reduce some of your NCB.
I notice that you say 20 years of driving, you should note that when your driving experince is read out in court they will only state 2 years or however long you have held a HK Licence (as they have no record of your previous license). You should correct them in your statement that in fact you have been licensed and driving in many countries as well as HK for twenty years and that this is a first offence in twenty yeras on the road, or whatever the case may be.
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Sherwes, the person the police believe to be at fault is charged with careless driving as a matter of course. That seems to be the process.
Also, not sure how recent your accident wasa and whether this is the case, but it is normal for the police to send out a notice of prosecution straight away to all parties involved as there is a time limit for this to be done. Once issued, the police have months to investigate and decide how they want to proceed.
I was in an accident, have received that notice, but have been waiting several months now to determine what course of action they will be taking. My case is not an obvious one so not sure if the process is different. When making my statement, I included something about my previous driving experience and submitted a copy of my UK driving license to ensure they are aware I have been driving 10+ years and not 1 (the length I have held the HK license).
As stated, impact is on NCD, mine went from 50% to 20% whilst the case is pending the decision on fault. Should be no issue with the work visa.
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190k
14 yrs ago
14 day limit for the Notice of Intended Prosecution which all drivers involved get. Then 6 months limit for prosecution for Careless Driving. Dangerous Driving no limit if it will be tried in the District Court, if tried in Magistrates Court then the 6 month limit applies. Prosecution also includes getting the summons to court so you may not receive the summons for a couple of weeks after the 6 month limit.
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Sherwes, i went through everything you're going through and thought about getting legal advise but unless you really want to fight it and seriously think you can reverse the decision i wouldn't bother.
When you go for your court date have a mitigation statement stating how many years you have been driving, the fact that you have never been convicted of any prior accidents (if this is the case) and any other information you feel would be beneficial. Have 2 copies, one for you and one to be handed to the judgem dress smart and he'll see that you are taking it seriosuly.
When i went to court i was the only one dressed respectfully, not chewing gum and the only one that seemed to have left my attitude at the door.
Good luck and please, please don't worry this doesn't affect any employment or visa status and is merely a minor accident.
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