Driving without due care and attention
I have been summonsed to court for driving without due care and attention. I deny this road traffic allegation. I crashed into a lamp post due to a problem with my steering.. I told the police this at the time. They ignored this issue and refused to get a mechanic to check my vehicle. They took my car away and then released it to the insurance company who crushed as it was an economic right off.
Please help as I do not think I have committed an offence. There was nothing wrong with the standard of my driving.
Section 3 Road Traffic Act 1988 seems to suggest that there are two different ways that you can commit this road traffic offence...Either by driving without due care or by driving without reasonable consideration..What's the difference?
Your road traffic offence question: My mum was killed in a car crash 16 years ag oand because the woman involved refused to say how it happened the police could only give her a six month ban and a small penalty fee.
Is this correct and as a grieving family what compensation could we have claimed.
It is an event that will never leave us and to have clarification might be the link to leave part of this behind us.
Your road traffic offence question: i was stopped on x. It was a normal patrol car single manned. he said he had followed me for about the last 10 miles and that i had been doing 70mph in the 60 limit and 40mph in the 30 zone. it was a misty morning.
he did not have any speed tracking equipment in his car, or any onboard camera.
he then gave me a choice to conduct the interview in the car or he would take me to the police station to conduct it there - i needed to go to work so feeled pressured to do it in the car. this was a written statement. he asked me loads of questions which he wrote all down - he asked me the speed limits at certain points which i told him. he then asked me what speed i was doing and i said i didnt know - he asked why and i said i wasnt concentrating and had other things on my mind. he stated what speeds he was following me at.
as it was a normal patrol car i dont think he can prove my speed in anyway - and i believe his speedometer is not calibrated in them tyhpe of patrol cars.
i have been given a choice to either take the driver improvement course or to go to magistrates court.
i dont want to pay the 140 for the course as i dont think they can prove anything in court.
what do you think?
Your road traffic offence question: I accidentally run over a police officers foot while revering, and was booked for due care and attentioin. The officer in her statement admitted it was an accident, she had no marks on her shoe, and did not require medical attentin, and carried on her duty. I have not heard anything for 3 weeks. What are the chances I will be prosecuted?
My question is, should he plead guilty and if so, should he mention that there was no injury caused?
We have had no contact from the woman for an insurance claim so there is no or very lttle damage to her car,, especially as she ran into him. And we suspect that she has reported the incident to the police.
How can this happen when she drove off as well.
I have been wrongly convicted of an offence.
I took my case to court so I could have a fair trail & prevent myself from admitting to alleged "knocking a man off of his bike from behind" this was his allegation,& wasn't true. Am I able to appeal within a certain amount of time? I am so upset as this case was so unfair. I am still paying for this conviction. The date of the accident was x/2008
Your road traffic offence question: my car was driven without my knowllege and was use to slightly hit and fall down a packed motocycle by the road side while packing.
Your road traffic offence question: hi was wondring if you could help me i was doing donut's in a new vechile witch i was insured for in a very large empty retail car park. under cover police came and gave me 3 points and a 60 pound fine and allso gave me a producer. the question is whats code 124? thats what they done me for they wher very rude call me a dick and and a few other things stereotyped me allso they only saw me do one dunt (skid) i was more upset over the fact the way he spoke to me and the point what shall i do?
Your road traffic offence question: I was travelling for 3 weeks to x and x, Didnt realise 3 days later when I got home, you would still suffer with jet lag, fell asleep at the wheel, is there anything I can say in my difence. Ive been driving for 30 years with no accidents against me.
Your road traffic offence question: At Approx x I was travelling down x. At apprx 300M away from the set of lights outside x the lights where red, as I was filtering through traffic towards the lights I decreased my speed to around 20Mph. When apprx 100m away from the lights they changed to flashing amber, at this point the crossing looked clear and a van at the front of the cue of traffic appeared to start moving forwards, therefore I decided to maintain my speed. When I was parallel to the back of the van a woman stepped out from a concealed view point in front of my vehicle only 1 metre away. I had no time to react, and she therefore caused a collision, she fell backwards and sustained a cut to her head. I was thrown from my bike, and landed next to it standing on my feet I was more or less unharmed however I was in obviously in shock and my bike was damaged and on its side in the middle of the road. The driver of the Van then got out and proceeded to hurl all sorts of abuse my way, also saying that the lights had been red, probably to cover himself, which they had definitely not been for at least 4 seconds. I then walked up to the woman, to see if she was ok, at this point the man from the van blocked me out of her way and told me to leave her alone. Then a nurse who saw the events unfolding came over to treat the woman in the road. I then decided to try and move my bike to a safe position away from the rush hour traffic. It wouldnâ€™t move, this is when a passenger from the van came and helped me put the bike into neutral and pushed it to a safe position on the pavement outside Superdrug. As I completed this, the ambulance arrived. Still shaken and not knowing what to do I decided to sit on a seat on the pavement outside a cafÃ©, The ambulance crew started to take care of her. A couple of minutes later the police started to show up. They taped off the road and started measuring skid marks, talked to a witness and noted the cameraâ€™s location etc. They were talking to the ambulance crew, however I sat there expecting them to approach me after they had made sure she was stable and safe. However about 20 â€“ 30 mins after the police had arrived they had still not spoken to me sitting on the pavement with my broken motorbike, So I decided to approach them if anything just to see that she was OK. The officer I approached PC Peirce then said to me rather surprised. â€œOh, are you the motorcyclist involved, the witness told me that you had left the scene. Why didnâ€™t you approach us sooner?â€ to which I replied â€œBecause I presumed you knew it was me (sitting next to the incident with a broken motorbike) and you were making sure she was stable and safe before talking to me.â€ Then he advised me to leave all of my property on the pavement next to my bike, during rush hour with the sidewalk full of pedestrians, commuters, and cyclists, and join him in the police car, regardless that I was still in shock and aching after just being involved in a road traffic accident he cautioned me with two offences of driving without due care and attention and overtaking at a pelican crossing. He then said that he had to take a statement from me and that anything that I didnâ€™t mention wouldnâ€™t be reliable in court, I was under the impression because of the officerâ€™s intimidating attitude, that if I didnâ€™t give a statement I would be arrested, I then went back to stand by my bike and see if my possessions had not been stolen when my mother called me and she advised me to get a copy of the statement, as she was on the phone the officer approached me again and said that he had forgotten to ask me to sign his notebook with the statement inside so I asked him for a copy which he refused me and said it was just his notebook, he was rushing me and he was stressed as his car had broken down because he left the computer on without the engine running and was prioritising getting it sorted out as all the other police were leaving the scene and he had to wait with his car for the recovery vehicle to come, he appeared very stressed. I was left on my own in shock and with my bike unusable trying to arrange a recovery for my bike.
i am a yonug driver (i know what you'll think buy the sound of that).i run a company and use my car to get me to and from work as it is key to my job, i work allot of night shifts...
i was really just looking for infimation towards this offence as i really have no clue as to what to expect...
points anf fine wise, is there a course i can take to improve the driving and lessen the points?
Your road traffic offence question: I was given a court hearing by post. which i reply guilty by post.
On the date of hearing the court decided to give me a new date x and i have to attend because they are considering whether to disqualify me from driving.
Please advise me.
Your road traffic offence question: Hi,
I am hoping to seek advice after recently being reported for driving without due care and attention.
I have not yet been summoned to court but would like to know the most likely outcome if i am.
I was driving along a road which was unfamiliar to me as i have never driven on this particular road before. I then approached a road sign which was the name of my destination with an arrow pointing to the right. I proceeded to go into which i thought was the right hand lane, which was what i thought the sign was telling me to do as i believed this to be a one way road with two lanes. What i had in fact done was entered the wrong side of the road. I then realized my mistake by noticing an on coming vehicle and made sure that i went back over to the correct side of the road to avoid any collision. As there was a police vehicle behind me i was pulled over, breathalyzed (The result on the breathalyzer was ZERO) and then i was told that i am being reported for driving without due care and attention. I would like to point out that there was no collision whatsoever or damage caused to any vehicle and there were no injuries caused to any driver involved.
I believe this was caused due to the misunderstanding of a road sign on an unfamiliar road. Would it be possible for you to advise me on a likely outcome as i am worried about the future where my drivers license is concerned?
Your road traffic offence question: hi i had a accident on x i have been passed 1 year 6 months police took a intervew of me as they asum i was racing,as the car flipped twice an set on fire. if police were to take any action would they of told me there an then an if there was a risk of me losing my liecence please helllp!!!! thankzzzz
He advised that he was not on the phone but the policeman said he saw my husband's hand by his ear and his mouth was moving.
My husband tried to show his phone to the police officer to show he was not on the phone, but the policeman had a quick look saw there was an unread text message and a missed call and said see you were on the phone. The call was missed as it had not been answered but this did not seem to make a differrence and he was not very interested in looking at the call history. He did ring myhusband's phone number to make sure it was the right one.
He advised that my husband could pay Â£60 and get 3 penalty points or pay Â£100 and attend a course; my husband did not feel he should do either so the policeman said he would have to go to court then.
My husband took his driving license into the Police station later that day and told them the same story and that he would ask the phone company for records so he could prove. He said he didn't feel he should pay as he had done nothing wrong, the phone was in the front of the car but he had not been holding or using it in any way. They advised it would be best to pay as he had no real chance of winning in court and would likely end up having to pay Â£1000 and get 4 penalty points.
We can not afford to pay Â£1000 and penalty points could mean he could lose his job as he has a company van and the firm is very strict about mobile phone use of any type (even hands-free) in their vans. The risk of losing in this case is very high and therefore we feel we have no choice but to pay Â£100 even though there is no crime. We feel very frustrated and disappointed at being wrongfully accused and that the word of what one policeman thought he saw is enough to cause all of this.
My husband is a very careful driver and has never had any offences previously.
Please could you give us some advice as we are at a loss what to do.
Your road traffic offence question: When following a car that had overtaken a lorry he failed to return to the correct side of the road. I did return to the left lane. The car ahead then braked so violently whilst on the wrong side of the road my momentum carried me past the car that was driving on the wrong side of the road. I have now been reported for the offence of undertaking a car and not allowing it back to the correct side of the road. Not true. What next?
How many points have you got on your licence from the last 3 years: I have a clean license
How long have you been driving: 5 years
Your road traffic offence question: i was turning right whens all clear then suddenly out of the blue this car comes speeding up most be doing about 70 in a 40 swirves to on coming lane then back to the right lane so i keep going to clear it then swirves back over accelarating hiting me near direct on hes on coming lane and he viers off to the right if he stayed in his lane he proble would of just flu by me even tho i still had my back on his side.
i'm getting told i might be getting done for careless driving and that it well be my fault just hoping u can shed some light on it seeing he was the one in and out of lane and when he hit me he was nearly as far right as ya can get
Your road traffic offence question: On x I received a call from my insurance company saying that my vehicle had been involved in an incident on x.Having got to the bottom of this,it seems I damaged a parked car whilst reversing in a tight space.This must of been a very low speed hit as I was not aware of it at the time.As a witness had provided my reg.,I have admitted liability as I have protected no-claims and there was no damage to my car.On the x I got a Form 963 in the post requesting driver details and alleging driving without due care and failing to stop.Whilst I know the due care probably doesn't have much of a defence,the failing to stop rankles when I was unaware of the accident.The form had the time of incident between 8am and 10am,but i was not there then,but I was later on in the day.I have returned the form but I have filled in the dispute box stating that I was not there between those hours and can provide witnesses,I guess they may amend the time though.What do you think the outcome will be?
1)Please could you give some guidance of court procedure when representing yourself in Magistrates the first instance.
Do I need to take any evidence that I may have to try to disprove that my standard of driving fell under that of a prudent driver?
2) Is it possible to access the insurance/garage report of the state of a vehicle after the accident without access to a solicitor?
3) If so, how do I go about this?
4) Is there any alternative to points/fines/disqualification that may be a possible solution?
5) Concerning the MOT, it was arranged by my parent and didn't access the documents so did not know when MOT had to be renewed...anything I could do about this?
Your road traffic offence question: Hi there I recently had an accident with an ambulance, the scene is that at x in the morning as I was I driving along a road as I was approaching a set of traffic lights, the light was on green so I went through the green light this is when an ambulance came from a road on the right with blue lights on but no siren on and it came through a red light without stopping or slowing down and then hit my car on the right side of my cars front wing. I could not see the ambulance or it's blue lights as my view on the right was blocked because of some buildings. Can you please tell me shouldn't the ambulance have the siren on and shouldn't it have slowed down as it was red light to check if it's clear before proceeding. They say they had no siren on as it was night time please advice me on this matter. Thanks
Your road traffic offence question: recieved summons for above offence.the collision occured on xon the summons paper it states the collision occured on x two days before the incedent happened.can they get away with this discrepancy.regards david
Your quick response will be appreciated.
Your road traffic offence question: can i be prosecuted for driving to close to the car in front if the driver in front is driving 25 miles an hour and i am two car lengths behind. it was sunny and dry conditions.
FAIL TO STOP AND REPORT ACCIDENT CONTRARY TO SECTION 170(4) OF THE ROAD TRAFFIC ACT 1988
We returned to the address and the owner of the vehicles daughter was home and stated that her mother did not reside at this address and had only come down to visit. The witness who had the piece of paper with my details on failed to give the details to the woman. We explained the situation that we didnt flee the scene, she was fully compliant and we left her our contact number, she told us that she would give the number to her mother and she would be in contact that day. Later that day the owner of the vehicle rang off of a with held number. She explained that she didnt want to go threw the insurance and neither did we and we said we was happy to pay for any damages and a hired car which she stipulated she must have. She never left us with any contact details but said she would be in contact when she had recieved a quote from a garage (Which she insisted had to be a main dealer garage, which we was compliant with) a couple of days went passed we then recieved a telephone call from the owner stating that she had spoke to a garage and the damages so far were at a cost of Â£x+. She left us the garage contact details and told us to get in contact with them to organise payment. We got in contact with the garage which they confirmed how much the damage was so far (Â£x+). The lady at the garage said there was a few extra parts needed and they would contact us with a full price, we never heard anyhing since and this morning x 2010, i recieve a letter from my insurance company asking me to get in contact with them. I dont want to hand over my sons name and i dont want to loose my motability car, i need advice on what to do and what would be the out come if i do not reply to the police and what do i explain to my insurace company? Can i pay my insurance caompany the money that the damages come to on the other persons car? Please could you reply asap as im extremly worried about this but i dont want to speak to any one until i have got proper advice. Thank you
Your road traffic offence question: i was using a toothbrush to remove something stuck in my teeth. less than 30 secs.people smoke while driving is there a difference. could i appeal against the three points
Its a single carriage way 60mph.
I was doing 50.
As I came around a bend I saw a slow moving car ahead of me going on the same direction.
I could not see past her so hung back.
When I could see the road ahead was clear and the side roads I checked for indications, there were none so I over took.
However she then tried to turn right in front of me, in to my path.
I tried to brake and turn away but it was too late.
Police attended, non injury RTA.
This was x.
Since then I was asked to go to the police station and give my side of events.
The other driver and a witness said she was indicating.
However the witnesses view was very limited and I don't think she could see all she says.
Now x I have been sent a summons for a magistrates court on x.
I expected no more than a fixed penalty and offer of driving course.
I have been driving for 24 years without incident and my licence is clean.
I am a train driver and have to be able to drive to do my job.
If I got banned I'd lose everything.
The other driver is claiming mild whiplash.
At the time, I saw the car, decided I'd like to overtake it, waited until I could see the road was clear ahead and side roads.
Checked for indications, saw none and began the move.
OK now, I know that it was not a good idea to overtake with the junction there but at the time I felt I had taken reasonable precaution and observations to avoid a safety incident.
Maybe I was wrong but at the time this is what I felt.
I see on the other drivers statement that she says that I had just been to the hospice to visit my dying mother and that I was thinking about that instead of concentrating on driving.
This has really angered me.
Mum has now passed over (x) and yes it was on my mind but I had driven some considerable distance on busy roads without incident.
So please can you tell me what to do.
The notice is both detail and vague in that it says 17.25 x/10 but justs says A38.
Presently it is just asking for name and address of driver. As I am the person who drives the car I guess I fill in the form and return it. But I have no idea of what they are alleging.
I spoke to the police and they say they have to investigate complaint from member of the public.
The A38 is the main road close to my house so I do use it. though coming home from work I pick the children up from school on other side of Bromsgrove so don't tend to use it.
License had been revoked by Doctor for reasons that I would dispute.
Firstly the road. I use the road rarely and when I last drove the road it was a 40mph limit. When stopped I was informed it was a 30mph limit. I later checked the signage in detail. From my direction of travel there were two â€œNew 30mph limit in forceâ€ signs, one obscured by a tree, on the separate joining road which was an existing and marked 30 limit. This single carriageway road ends at a roundabout, which turns both left and right. I turned left onto the road in question which becomes a dual carriageway with a kerbed separator between the two directions of travel. There are no 30mph signs visible when joining this road. The road does not have facing housing on it and some of its length has farmland at the side. There are school buildings on one side of the road, however these do not have gates onto this road and the only indication that these are school buildings is a small sign giving the name of the school in a novelty font with a childâ€™s drawing, not a sign even close to the highway code standard. Half way along the road there is a sign post which appears to be of the solar powered light up speed warning type. This sign was covered with a roads department canvas cover completely obscuring it. The police officers were at the end of this section of road, 30 paces from where the roads first limit sign appears, saying 40mph. The officers were on foot with no patrol car to be seen. There are no speed trap warning signs on this road from my direction of travel.
Later in the day while returning on the same road at 30mph I was the slowest vehicle on the road and was overtaken by every vehicle approaching me from the rear, suggesting to me that the limit was set far below the speed which was felt suitable by the average sensible driver.
I have done some research and it appears that the limit was changed in February this year.
The only sign indicating the change in the roads limit exists on an approaching road, with no indication of where this change occurs. The road the sign is on a marked 30, which makes the intent of this sign confusing.
When joining the dual carriageway there are no signs indicating the new limit, which appears very low compared to similar roads both in the area and nationally.
The only sign giving the speed limit has been intentionally covered by the local council.
I have photographs of the lack of signage and the obscured ones which did exist.
My second complaint is with the manner in which I was stopped.
I was using the dual carriageway as an opportunity to overtake a HGV which was being driven erratically, hence the rate at which I passed it. The two officers were hidden behind a bush and had used their laser device through the leaves. One officer ran out in front of my vehicle and indicated for me to stop. I stopped the vehicle in a controlled manner, not consistent with an accusation of careless driving, and stopped where indicated to. The officer made me stop in one of the roads live traffic lanes, with no space to pull off the road. Vehicles behind were forced to stop while trying to move around my car, causing both congestion and danger to other road users and myself. I was only instructed to leave the vehicle after a few minutes and putting on the hazard warning lights on was left to my own initiative, which since there was no patrol car with flashing lights and it is not a road which one would expect to ever find a parked car. I would suggest that this should have been the first thing I was asked to do in the interests of safety.
The cautioning officer was both confrontational and aggressive and did not in my opinion behave in a professional manner as I was as polite and helpful to him as possible. He made numerous personal comments which some people may have taken offence at.
While I believed that the office gave the caution correctly I requested a copy of the ticket or other information regarding the incident, such as the officers contact details, I was told that I â€œwasnâ€™t getting anything like that todayâ€ and was told then to move on. I asked what action would be taken and I was told that I would be sent a letter. No other useful information was given on likely charges, despite specific questioning. The other officer present did nothing but show me his laser gun and verbally tell me it had been calibrated that morning.
I have two main questions; firstly as I was not given a clear indication of what he was going to report me for am I correct in assuming it will be for careless driving? What would the likely outcome of this be and would I have to attend court or do I have the option to plead guilty by post?
Secondly I appreciate that I would have been given a fixed penalty notice for the speed under the old limit and had signage been clear of the new low limit I would have been in the careless driving bracket now. However the signage was in my opinion inadequate and intentionally obscured so it took significant study on foot to assess what exactly was its intended meaning. I am also concerned that the police officer did not behave in an entirely professional manner by both being rude and giving no consideration both mine and other road users safety.
Are these sufficient mitigating circumstances to have a careless driving charge reduced to a 3 point 60 pound fine fixed penalty type charge with representation? What is the likely success of contesting these issues? Would I have to attend court if I chose to contest the charge on these issues? What would be the likely outcome If I chose to contest the charge and failed?
Thank you in advance for considering this situation,
Your advice will much appreciated.
I have pleaded guilty to the offence by letter in advance,
I was wondering if i have to attend court and what will happen if i dont ?
Also if i do attend what will i be looking at recieving ie points fine ?
However last Tuesday I went into work and was given a delivery to make, however I was given a different truck to my usual one which had a Q7 box on it. To cut a long story short I forgot about the height of the truck and hit a low bridge the truck tipped over and landed on a car thankfully nobody was hurt. I have driven down this road many times and have never had any problems.
How do you suggest I proceed?
A single big burly policeman came over to my car and asked me to turn my engine off and get out of the car. He asked for my driving license which I gave him. He then escorted me to his 4x4 and told me to get in. I was feeling very scared and intimidated, not knowing what I had done wrong! He told me he had seen me drink whilst driving and was therefore going to breathalyse me. I couldnâ€™t believe it! Iâ€™d only had one sip of a milkshake whilst still in control of my car. Of course the breathalyser proved negative.
He then told me I had a choice. Did I want points on my license? I was so shocked and very worried I replied no. He then said I would have to pay and go on a course to remind me of how important it is to stay in control of my car. He asked me where I was going and I said to a friendsâ€™ house. He then made light of the fact that my friends might be looking out of the window wondering what Iâ€™d done wrong.
Still very shaken and now crying, I drove to my friends and told them what had happened.
As a 19 year old girl, I felt totally intimidated and very scared. I felt very uncomfortable getting into his police car with him, alone. Surely this is out of order? My parents are incensed with the whole procedure and have advised me to write to you in the hope that you see how non-sensical this is. I have never had any dealings with the police before and am now very scared to ever drive my car again. I need my car to get to my job in x. Iâ€™m only a teaching assistant, so cannot afford this fine of Â£74 to go on a course, but neither do I want to go to court and have penalty points on my otherwise clean license. I feel like a criminal, for taking one sip of a milkshake.
What shoul/could I do
Previously someone had reported seeing me driving "clipping the curb slowing and speeding up" I produced a negative breath test at the seen.I was under the influence of nothing else although I had had a drink in the club before leaving.
That day I had been on a boat all day and had been swimming in the sea.
For some reason as I began driving home I was effected by sporadic bouts of diziness that would come and the go all together so I would continue driving.Obviously it was one of these incidences that led to the crash.I only have one functioning ear after an earlier accident.I mentioned this to the police but he began taking it down as a statment so I thought best to retract it until I had taken legal advice I am to be formally interviewed in a week.
This is not the first time I have had the sensation of the ground moving etc after sailing but these bouts of sudden dizzyness were new I wonder if some water had effected my balance.
Do I have any defence and would you advise me to employ a solicitor.No one was hurt thank god but both cars were extensively damaged.
What are the severity of the charges I might face,your help would be greatly appreciated
The incident arose when I entered the dual carriageway from a roundabout and was gaining speed. I approached the tractor trailer and was by this time just under 60MPH.
I went to overtake the vehicle and as I did my Car veered towards the fast lane barrier as opposed to moving out normally. I believe this may have been caused by the ridges in between the lanes of the carriageway being filled with water as it was raining or maybe a slippery substance on the road surface.
I tried to regain control of my vehicle but was unable to and clipped the Tractor's front wheel which then sent me back into the fast lane barrier and then spinning back across the carriageway ino the opposite crash barrier.
Within around 15 minutes the Police arrived at the scene by which time there was potatoes splattered all over the road from where numerous drivers had driven over them.
I was then interviewed for around an hour in the back of the Police car. during this time I was asked if I had any Recovery. I said yes and proceeded to call them to get the car off the road. I was then asked to cancel my request which I did as the Police had decided that my car should be sent away to test for any faults. Shortly after, my car was collected.
It turns out that the Police never provided the relevant paperwork and that my car was collected by my insurance company the following day to assess it themsleves. Therefore to my knowledge the Police never actually had my vehicle checked over nor was I provided with a copy of the report the Officer conducted.
Do you think I have a good case and what steps should I take to avoid prosecution? I have Legal Cover with Swiftcover Car Insurance, should I contact them for help with my case?
I believe the other driver was speeding and I said that to the police at the scene.
They said to me that if I'm found guilty, will I be willing to take part in a course and avoid courts. I said "yes" but that doesn't mean I admitted liability? Although the police say that I did.
They sent me the forms to do the course but I didn't receive any of them because I was evicted. I would have done the course just to get it over with but I missed that opportunity.
Now I am in court and could face disqualification and fines and it shouldn't have gone this far.
Any advise you could offer me would be much appreciated?
For example if the offence took place in the north west but you reside in the north east could you opt for a location closer to yourself?
If you are prosecuted do you have to turn up to court in person or can you pleade guilty without being there ??
Finaly my mot expired earlier this week unfort I had an accident. I was informed by the police about my mot which was an oversight it looks likley my car will be a total loss will my insurance still pay out ? I have documentation to show I'd had the car serviced within the last few weeks. I am concerned about the mot which was an oversight it's only expeired a few days ago, the police gave me fixed penalty for lack of mot.
I shall first describe the circumstances, the summons and witness statements, and my driving history; my questions are then detailed below.
My version of the circumstances is as follows:
- I turned my car across the path of an oncoming moped.
- The moped rider suffered serious injury (I was informed at the scene that injuries were not life threatening - I believe it was a broken arm). The moped was a write-off. I was uninjured.
- The right of way belonged to the moped.
- The moped was not speeding, and I was not speeding.
- The junction is a cross-roads controlled by lights which were green for both of us.
- I did not see the moped at all, and do not understand why. I stated this to the police in my statement at the scene.
- I was free to leave the scene, having given my statement and having been breathalysed. However my car was taken by the police for examination. (I have later recovered it and had it repaired).
- The on-scene breathalyser test registered Nil for me. I do not know if the moped driver was tested.
- I took no photographs of the scene.
The summons is summarised as follows:
- The alleged offence took place in February 2010. The date of the summons is x; I received the summons on x (i.e. 10 days later). The post-mark on the summons envelope isx (i.e. 9 days after date of summons).
- There are four witness statements attached to the summons including the moped driver's. Summary of his key points:
1) "The driver got out of his car immediately after the collision."
2) "I was in great pain and could not speak; his exact words were: "are you OK? I'm sorry, I didn't see you. I'm sorry, I didn't see you.""
3) He states that he was "travelling at approximately 25 mph." (This was a 30mph zone).
4) "The headlamp on my scooter was functioning properly - the scooter had been recently MOT'd". I did not see the scooter at all - so cannot verify this.
5) "I was wearing a yellow reflective vest at the time of the accident" - I do not remember this from seeing him on the ground after the incident; I remember only black. But I am not sure.
- He describes traffic as "Light", weather "Dull", road "Greasy", visibility "Dark", street lighting "Good".
- With regards to his description of the events leading to the incident (i.e. me turning across him), his statement agrees with mine.
The second witness statement belongs to a driver waiting at a red light at the junction:
- He states "I looked up to the right and saw the bike coming nearer the central line than the middle of his lane which would have made him hard to see being nighttime. I believe I looked down, heard the bang, looked up, and saw the car in the position of the diagram. (...) In the 2-3 weeks previously people were going through the red lights because 1 of the sensors [sic] which controlled the timing was at an angle and not working properly and would stay red. (...) This sensor was only fixed the day previously". [Note that he describes the lights crossing my actual path, i.e. not the green lights that I and the moped driver passed through; because he believes I was crossing the junction rather than turning right].
- He describes my path differently to myself and the moped driver; he alleges I jumped a red light coming across the junction, rather than driving through a green and making to turn right. This is contrary to my statement and the statement of the moped rider.
- He describes traffic "Light", weather "Dull", road "Dry", visibility "Dark" and street lighting "Poor".
The only other witness statements were the Police Officer attending the scene; Police photographer of the scene. The first officers on the scene were plain-cloths - there is no statement from them.
My driving history:
- Full license since x.
- x - 3 points (speeding). (These are no longer on my license.)
- No other offences.
- Fully insured and taxed.
I am inclined to plead guilty by post given that I would acknowledge that I turned across the moped's right of way. My questions are therefore:
1) How likely is it that my sentence extends beyond points / fine, to disqualification?
2) Are there any descrepancies regarding the dates of the summons that might serve in my favour?
3) Should I express my remorse (which is very genuine) in my plea?
4) Does the fact that I consider this a genuine accident have a role to play here? (I am by no means a reckless driver at all)
Many thanks for reading all the way through this!!
Bike rider is alleging I stopped suddenly and pulled off junction onto slip road without warning. I didnt see him at all. Police were called. No caution or breathalizer at scene. When will I know if they will prosecute or would they have indicated that at the scene?
I pleaded guilty and got 3 points February for driving without due care when I was the end driver in a very low speed shunt during rush hour in a road tunnel. The car in front stopped very suddenly. We were all nose to tail. I wish I had defended it now. Solicitor said not worth the hassle just go to court and plead guilty!
The details are:
The road was a two-way country lane, after a dry spell the weather was dull and drizzling and the road was wet. I drove down a slight decent to a left hand bend leading to a right hand bend and on the right hand bend the car lost traction in what felt like the rear passenger wheel (Kia Sorento 4x4 in 2WD at the time).
The front of the car spun to the right and I ended up going sideways towards the hedge on the other side of the road, as the nose of my car hit the hedge a car travelling in the opposite direction on the straight but of road had no choice but to hit me in the side toward the rear passenger door.
This impact caused by car to mount his bonnet and flip over his car and land behind him in a hedge, facing the way he was travelling so the opposite way to which I was originally travelling.
Whilst at the scene with the attending police, paramedics and fire brigade, there were numerous cars skiding where they were required to slow. As one point the police office had to move quickly out of the way. The rapid response paramedic made a comment that they were always attending accidents along this road.
The point of the road in which I lost control, I have since realised has an adverse camber and a colleague of mine and the same thing happen to her whilst she was travelling with her children, although she finished up in the hedge without involving another vehicle.
I believe that I did nothing wrong and that it was just unfortunate. I wasn't driving above the speed limit (although the third party has claimed that he thought I was doing 40+ (40 is the limit)). My car was written off and I would've thought his was too.
Would you think I have a case for not guilty?
also i was interviewed by the police a few months ago, however i was under the influence of alcohol at the time so i do not remember any answers i gave nor the quality of them. are they allowed to do this?
thank you your time, any help would be muchly appreciated
I know I did nÂ´t do anything wrong. My cars is MotÂ´ed Taxed and insured. I was not speeding neither and she was not crossing through a pedestrian cross nor looked to her right. Said all this, could I still be charged with something by the police? Penalty points? money fine? Alcohol test was zero by the way.
Any information would be much appreciated.
Thank you in advanced,
- Driving without due care and attention
- Failing to stop
- Failing to report a collision
The following is what happened.
I was picking my 9year old . And so I took the car and drove to the school. In the car park, a car was parked hazardously and precariously, and not within the lines at all. Furthermore, due to its positioning, it was blocking the traffic in the car park. All other places had been taken up. As I was reversing out of the school, in the middle of home time children and parents, I accidentally banged into said car above, denting it's side. Having realised what I did, I tried to find a place to stop within the car park, but as it was small and there were children around, the best thing to do was to drive out of the car park and park on a nearby road, which I did. My intention was to return by foot to the car park and wait for the owner of the vehicle once I'd picked up my cousin.
I left my car nearby with my grandma (who is unable to walk short distances easily) in the car. I then walked to the school. On entering the car park, the owner of the vehicle had still not arrived, and so I proceeded to pick up my cousin from the back of the school. Whilst I was walking I head a car alarm going off, and instantly thought it was my own car. I was worried due to my grandma being alone in the car, and so I hurriedly found my cousin and made my way back to my grandma, through the car park. Again, I saw the car but the owner was nowhere to be seen. Fortunately however, the car seemed to be blocked in by another, so I believed I had time to quickly return to my grandma, then try and wait for the owner again.
On returning to my car, my grandma was in considerable pain due to her eye. She was panicking and it took me a few minutes to calm her down. Once she was calm, I turned my car on, and drove straight back to my cousin's school (rather than walk), to save time.
To my dismay, the car was no longer there, and I felt incredibly bad, as I had not taken down the number plate or model of the car, and did not even remember if the colour was a dark blue or black (as it was a very hot day and the sun was shining off the cars).
I sat in the car park for a few moments, thinking of what to do, but as no-one seemed to be about, I went home.
My first thought when I got home was to call the insurance company and notify them of my accident. However, due to having no details of the other car, I did not and likewise believed that I could not call the police without them being condescending (I have rung 999 before about an incident, where the operator has not believed what I have said, and also, one time when something from my car was stolen and the police said they would not come etc) - i.e. I believed that they would not take me seriously as I hadn't got any of the other car's details.
A few weeks later I received said letter mentioned above.
Though I am grateful that I can finally find out the owner of the vehicle and pay them for the damage I caused, I am deeply distressed my the allegations against me for several reasons:
- I lingered round with the car in my sight for a good few minutes, but no owner was forthcoming. (I can provide a picture or diagram of the car park - once I picked my cousin up, I did not stand next to the car because I thought it was dangerous to make a young boy stand amongst moving vehicles. However, I always had sight of the vehicle and hence was keeping an eye out on whether the driver was there or not. No-one, at any time, was near the vehicle - not even inspecting the dent. Furthermore, during this time (as I could hear the car alarm) I kept checking my phone so that I knew the time and knew that it wouldn't be too late to return after quickly checking my car (which unfortunately took longer, due to the condition of my grandma)).
- I did stop, though nearby, simply to avoid being a hazard to young, primary school aged children.
- I returned to the scene as soon as my elderly grandma was calm, again in the hope of finding the owner.
- I had every intention to report the above accident, but could not do so due to having no details of the car, except knowing it was a small, not a large care.
- I have been accused of careless driving when the truth us the vehicle I hit was parked dangerously and hazardously and not within any of the lines marked for marking. It was blocking incoming traffic and, had it been within the correct lines, I would no have hit it at all. Unfortunately. at the angle it was parked, I could not see it well at all.
The only allegation I believe can be said to be accurate is the one which is failing to report a collision, though I believe my reasons for not doing so are good enough - that being the duty is that I should do so as the duty to report means "as soon as reasonably practicable". To date, it has not been reasonably practicable for me to report the accident, as I don't have the practical particulars or details of the accident at all - (i.e. any person could falsely allege I hit them, as long as they had a small, dark car, and I would not be able to defend such an accusation as I have no other details of the car of which I can defend myself).
My greatest folly was not writing the license plate of the other vehicle down, but this was simply due to my panic over my grandmother and hearing my car alarm. Another car was also blocking the car and the view of the number plate and so instead of walking around that car, I instead decided to quickly see to my grandma. I was in charge of 2 vulnerable individuals, and they were my priority. As a result of having my cousin with me, instead of running back to my car (which I would have normally done), I walked at a normal pace so as not to endanger him whilst we crossed a busy main road, and so that he could keep up at a good pace. As mentioned before, my priority was both my grandma and my cousin - and their safety and well-being was paramount.
I do not know how the police got my licence plate details, but if it is due to CCTV in the school car park, this would be beneficial to my case as it shows that I did return and, hopefully, will show me consistently looking at the car and observing whether the owner had returned. I did not put a note on the car as I had no paper or pen but in any other circumstance I probably would probably not have, (preferring to wait for the owner unless I had waited for a very long time and it was evident the owner wasnâ€™t coming soon) as leaving a note with private details in public is not something I would comfortably do due to the inherent dangers of such an action.
Furthermore, my grandma travelled to Pakistan last week and had become ill and bedridden with some illness. As a result it is highly unlikely that she will be able to attend as a witness for me. The only other witness is my 9year old , who can attest to everything I have said, but who will probably not be called by the court!
Question: I have been given the alternative of attending a Driver Improvement Course, or attending Court, what advice would you give.
I am unsure who could have been the driver of the vehicle on the date/time of the alleged offence and the only person authorised to drive my car is my partner who sometimes drives me to work in order to use the car.
I have sent the application for name and address of driver form back to the police with my partners details on
along with a letter stating I am unsure who could have been driving the vehicle on the date/time of the alleged offence. Have I done the right thing? what should my partner do if she also receives an Nip?
As far as I know there are no red light or speed cameras located on this city centre part of the road but was told by a local solictor that they were aware that there was a camera located on a building higher up.
I have no Idea whether this camera is a red light/speed or a CCTV camera and whether it would be able to identify the driver.
The Nip does not state what exactly the alleged due care offence entailed so how can anyone possibly reply to an alleged offence that they know nothing about?
My partners fully comprehensive insurance policy states that she may also drive another car with the owners permission provided the owner has valid insurance although she is not a named driver on my policy.Is there a risk the police may try to charge for driving without insurance here?
I have held my licence for 10 years and currently have 3 pts on my licence SP30 and have previously had a couple of other sp30's and 4 pts for a due care offence in 2005 which have all expired. I have a job which entails mostly driving.
My partner has a clean licence.
would either of our licences be at risk here?
the blue lights came on an the ambulance driver started to accelerate. As there was a vehicle behind me, it would have been more dangerous for me to apply my brakes for fear of the vehicle behind running into me, so i continued and had no option but to overtake the ambulance.
I have now received a summons through the post for driving without due care and attention. Do u think this warrants a driving ban. I have only had my licence for approx 6 months.
I would really appreciate your opinion.
Firstly I will explain my situation...
I was travelling along a local main road at around 5.15pm in the first week of March. I was driving from my work to my Boyfriends house. I slowed down and indicated right to turn into my boyfriends drive which is on the main road.
I looked in the direction of the oncoming traffic & saw it was clear so I proceeded to pull into the drive. As the front of my car reached the drive a car hit me in the side.
I got out of my car and walked to the other car. The driver was an 18 year local old man who had recently passed his test. He was not wearing a seatbelt and was speeding therefore the impact was quite hard. He admitted to several witnesses, the police & I that he was travelling at around 40 - 45mph (speed limit along the road is 30mph!)
He was taken to hospital for the cut to his head which occured as a result of him hitting the windscreen.
As I was on his side of the road when impact occured I have been told I am likely to face prosecution as witnesses claim they saw the oncoming car and told the police they were hoping I wasn't going to pull out.
I looked in the opposite direction for any oncoming vehicles and certainly didn't see anything. There is a bend further up the road and I am wondering now whether the car was at the bend when I started turning and therefore by the time I was turning into the drive, the witnesses in the other cars (behind me)saw the car but I didn't.
Could you please advise me of the likelihood that I will be prosecuted?
I am very concerned about whether I will have to attend court for this as I have been called to court before as a witness for an RTA. I attended Court but thankfully the offenders pleaded guilty last minute so I did not have to give evidence. Due to this I am really hoping I will not be taken to Court as I am aware how nervy and worrying it can be.
I would be very grateful for your opinions on the most likely outcome.
I have been accused of the above after clipping the bumper of a parked car in a car park. I got out of my car saw my car was not damaged, but the parked car had slight damage to the front bumper. I had no means of leaving a note on the car and had no idea I was obliged to report such a minor incident to the police. It appears there was a witness who reported it. What is the likely outcome/ sentence?
If you have a court hearing date call 0800 021 7753