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Driving without due care and attention, Patterson Law Driving without due care and attention, Free Motoring Law Advice
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Driving without due care and attention

Nov 2, 2012

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.

Nov 1, 2012

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?

Feb 3, 2011
Driving without due care and faulty balding car tyres
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.
Many thanks
Jan 27, 2011
Alleged Offence: Driving without due care or attention: without reasonable consideration for other road users
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?
Nov 30, 2010
Alleged Offence: driving without due care and attention
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?
Nov 15, 2010
The question is for my father who has been charged. He was in stationary traffic in the middle of the day (good light, no rain). There was some sort of obstruction in the road ahead and traffic had been stationary for some time. Several cars ahead had already pulled U turns to get out of the queue. As the road was approaching a sharp turn and a roundabout, there was a solid white line to his right. He turned the nose of the car to the right to A) see if he could look along the side of the queue to see what the obstruction was / make a decision as to whether it was likely to move soon and B) if it wasn't he planned to do a U turn as well. At the same moment a motorcycle was coming up on the right from the rear and must have been outside the solid white line. He must have been driving quite slowly. Th ebike pulled around the nose of teh car but the box on the rear of it clipped the wing. Th ebike slid across the road and was damaged, as was the car. The rider was fine. Paramedics attended and left him quickly as he was completely unhurt. Several police cars attended as the cars were stationary and several people called the police as they were sitting doing nothing and had seen the accident happen. At the moment of collision my father was either completely stationary or moving at one or two miles an hour. The bike was going faster but it must have been slow. Maybe 10 - 15. The police have now charged my father with DWDCA. In the summary of the charge it says that he failed to take account of traffic coming from behind and in doing so caused injury and damage. My father has never been in an accident before.
My question is, should he plead guilty and if so, should he mention that there was no injury caused?
Nov 3, 2010
My son was involved in a minor bump when a woman ran into him at a roundabout and they both drove off. My son is now being charged on 3 counts - driving without due care and attention, failing to stop at a traffic accident and failing to report a traffic accident.
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.
Nov 1, 2010
My child, aged x, has had his licence for 5 months has recently had an motoring accident. He was turned into a residential road at a speed of approximately 30 miles per hour, he lost control of the vehicle and collided into a stationary vehicle. He did not cause any harm to any person. After having the vehicle towed it was apparent that the vehicle had a 'blow-out', which would explain the indentations and narrow skid marks shown on the road. He was fully insured. The police were called and came to the scene where they advised him that they would have to charge dangerous driving due to him colliding into a stationary vehicle. They took his statement again after having given his rights to remain silent, where he stated that he turned the corner, he lost control of the vehicle and swerved to try to correct and collided with the other vehicle. At the time of giving his statement there was no mention of a blow out as this was only noticed in the light of day. I guess my question is how long do we have to wait for something to come through regarding the accident as it has been a week now, and do we need evidence of a blow out which could in fact have been the reason he lost control of the vehicle being an unexperienced driver in this instance. Could the charge be reduced due to these circumstances to another charge or would it still be a dangerous driving charge.
Worried Mum
Nov 1, 2010
Your road traffic offence question: Hello
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
Oct 25, 2010
Alleged Offence: Due care and attention
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.
Oct 18, 2010
Alleged Offence: code 124
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?
Oct 5, 2010
Alleged Offence: driving without due care and attention
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.
Sep 14, 2010
Alleged Offence: See Attached
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 wouldn’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 café, 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 camera’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 – 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. “Oh, are you the motorcyclist involved, the witness told me that you had left the scene. Why didn’t you approach us sooner?” to which I replied “Because 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.” 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 didn’t mention wouldn’t be reliable in court, I was under the impression because of the officer’s intimidating attitude, that if I didn’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.
Sep 14, 2010
i was pulled over for driving without due care and attention. speeding and undertaking.
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?
Sep 13, 2010
Alleged Offence: collusion without due care and attention
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.
Sep 7, 2010
Alleged Offence: driving without due care and attention
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?
Thank you.
Aug 19, 2010
Alleged Offence: accident
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
Aug 19, 2010
my girlfriend had an accident in our car this morning, colliding with another car when she was coming out of a junction. it was probably her fault and she admits she was tired (happened at 6.45 am). she has been charged with driving without due care and attention and we are waiting for a letter to see if we need to go to court. if this happens, what is the likely outcome? Noone was hurt but the cars were pretty badly damaged. Will she have a criminal record if convicted?
Aug 18, 2010
My husband was stopped by one policeman on his way to work on Monday.
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 £60 and get 3 penalty points or pay £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 £1000 and get 4 penalty points.
We can not afford to pay £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 £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.
Aug 11, 2010
Alleged Offence: Dangerous driving/careless driving
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?
Aug 9, 2010
More detail about alleged offence: Myself and another driver were invovled in a collision as a result of him doing a emergency stop for no apparent reason. I swerved to avoid driving into the rear of his car as i hadnt managed to slow down enough to stop. Without indicating or checking his mirrors he turned right in front of me. As a result of this i collided with the drivers door of his vehicle. It turns out that he had done the emergency stop to avoid missing the junction he wanted to take. The police were involved and as a result of the other driver driving for less than 2 years we were both charged with Careless Driving
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
Aug 3, 2010
Alleged Offence: careless driving couse of accident
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
Aug 3, 2010
Alleged Offence: Due care,failing to stop
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?
Aug 3, 2010
I do not qualify for legal aid and have to represent myself in court. I really would appreciate help with the following...

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?
Aug 2, 2010
Alleged Offence: Accident with an ambulance
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
Jul 23, 2010
Alleged Offence: without due care and attention
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
Jul 21, 2010
I have been summonsed for an offense of driving without due care and attention. I was stopped by a plain traffic car who has taken video footage of me driving at upto 69 mph on a clear dual carriageway. My question is this, is driving above the speed limit an offense of Driving without Due Care per se? If I can demonstrate I was driving with awareness and safely albeit above the speed limit, can I argue that I have summonsed for the wrong offense. Shouldn't I have just been summonsed for speeding?

Your quick response will be appreciated.
Jul 19, 2010
driving without due care and attention
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.
Jul 16, 2010
I am writting to you for some advice on traffic offences. On the x2010 my son borrowed my car without holding a full UK license and was not the insured or permitted driver of the car. My vehicle is a motability car, he reversed and hit a car that was stationary with no persons inside, there was no damage to my vehicle and minor damage to the other vehicle (cracked bumper). A witness was at the scene and saw the events, my son approached the witness and asked does he know where the owner of the vehicle lives. The man replied yes and directed him to the address. My son knocked on the door and there was no reply. He went back to the witness, asked for a pen and piece of paper and my son left his contact details and returned to my house with the vehicle. He told me that he had been involved in an accident but there was no damage to my vehicle. After 2 days there was still no reply from the owner of the other vehicle, we woke up the following morning to discover a letter from the police requesting name and address of driver. It also read SECTION 172 ROAD TRAFFIC ACT 1988, SECTION 232 ROAD TRAFFIC ACT 1950, SECTION 112 ROAD TRAFFIC REGULATION ACT 1984, SECTION 22 (1D) & 46 VEHICLES EXCISE & REGISTRATION ACT 1994, SECTION 70 PASSENGER VEHICLES ACT 1981. The letter also states that as i am the keeper of the motor vehicle i need to give the information of the driver who is alleged to be guilty of the following offences namely: CARELESS AND INCONSIDERATE DRIVING CONTRARY TO SECTION 2,3 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 £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 (£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
Jul 14, 2010
not in proper control
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
Jul 6, 2010
i am an hgv driver.5 weeks ago i had an accident running into the back of another hgv.nobody injured although i was takin to hospital.a wpc came to the hospital and interviewed me after i was discharged. she also breathalised me.i was cautioned and told i could be charged with the offence.i admtted the acident and told her it was my fault. now this wpc wasnt very experienced as she had to keep radioing her station askin what to do. three weeks after the crash i was contacted by the officer in charge of the case asking why i hadnt produced my driving liscence to the police station. i told him i hadnt been asked. he replied asking had i not been given a producer. i said no nothing was given to me.he said he would look in to it,also saying this might cause problems.i havnt heard anything since.should they have asked me to produce my liscence when interviewed at the time of the accident.
Jul 6, 2010
This morning I was forced to swerve across some chevrons to avoid a collision for a driver who was not paying attention. In doing so I had to make a number of evasive actions to prevent myself hitting nearly 5 other cars. A police car was entering the road which I did not see but who proceeded to pull me over in a very unsafe way. The driver of the police car the tried to intimidate me when I was asked to sit in the back of the police car. On 3 occasions I had to say to him I did not want an argument. I signed no paper work and when I asked what happens next I was told I would receive a summons go to court and loose my licence. I made 6 calls to the police to cliffy what i was being summoned for and eventually found out the officer was submitting a request to the court for a summons to prosecute me for driving with un duos care and attention. I was not give the chance to speak properly at the scene, was show a video which didn't show the reason I had to swerve. This seems like I have met a police office who wants to take his bad day out on me. What do I do?
Jun 30, 2010
I was driving back from my mothers hospice on the x road near x.
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.
We collided.
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.
Jun 29, 2010
I was involved in a collision in may at an uphill blind junction. i was emerging, I had stopped to wait for traffic and pulled out when a safe opportunity arose. I was emerging to the right. Immediately I emerged I collided with a scooter running over it and trapping it under my car. Fortunately the rider sustained a very minor cut, I insisted an ambulance was called but after checking him over they left. He later contacted me to try and settle without involving insurance as " he only wanted £300 for his bike and was not interested in injury claims etc" I declined as I had already invloved my insurance. As the road was blocked I called the police whilst awaiting recovery of my vehicle and gave a short statement at the scene.I gave the bare facts only ie I was emerging and was aware of the collison. The truth is It truly was a matter of " I didnt see him" being totally unaware of his presence until I hit him. i was not even sure from which direction he had come. I have ascertained from my insurance however that he was on the main road coming from my left and turning into the side road and had stopped in front of me. I can only assume he was hidden by my windscreen pillars. There were witnesses who gave statements. I have been driving for 41 years and have never had points or a conviction, I am an advanced motorist and motorcyclist and was driving instructor until 3 years ago, and the fact that this had occurred really upset me and every time I was emerging from a junction I expected the same thing to happen again. I did not admit blaim at the scene and only gave a very brief statement to the police. My insurance did however confirm the direction he was coming from and have admitted liability and have settled. I have now recieved a call from the police asking me to attend the local station to give a taped interview as they have now spoken to the motorcyclist and the witnesses. I presume this means they are looking to prosecute me. I would welcome you thoughts on this matter and what you offence they are likely to consider prosecuting me for. Thank you for your help.
Jun 24, 2010
I have to attend court on the x . I was invloved in a orad traffic accident in x, i was in hospital 20 mins after the accident and my girlfriend was not well at all then two police officers came and ask to speak to me. They asked me if at any point i was not fully consentrating, i said for a split second whilst i pressed a button on my radio way before the accident, this was definatly not the cause of the crash, the other driver was reversing down my side of the road and then swung out. Now the truth is i actually didn't press a button i was just scarred and did not kow what to say, i was 17 at the time. I was also under casution, not really understanding what that meant. I was more concerned about my girlfriend. Everything i have ever done and worked for is to be a x if i get a fine i will not be able to go in for 5 years and if i get points they will not be happy. Should i plead guilty or not?
Kind regards
Jun 24, 2010
I have received a notice of intended prosecution for careless or inconsiderate driving from West Mercia Police.

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.
Jun 24, 2010
My daughter was involved in a car accident last week, she was pulling out of a lane onto an A road with a 30 mph limit and was struck at high speed by a vehicle on the A road. The front of her car from the windscreen forwards is now just a mangled mess of metal, the driver went on to knock down 3 concrete bollards and came to a stop 74 metres from the point of impact with my daughter. My daughter escaped with cuts and bruises and neck and back pain. Police are looking to offer my daughter and the other driver an improve your driving course - I'm worried the other driver may be able to claim on my daughters insurance - she is only 19 and won't be able to fund purchase of a new car and higher insurance premiums. We have photos and have taken data from the scene and we have a witness who has agreed to testify the other driver was exceeding the speed limit. Can we fight this?
Jun 23, 2010
Hi, I was wondering what the likely outcome will be in my situation, i think the situation is dubious in outcome due to the fact i have crahed before without paying attention and and caused on third party damage how ever, they sent me on the course of driving improvement, yet a year down the line I crahed again causing a small amount of third party damage (back bumper damage, causing whiplash, to another) i was just wondering if disqualication is a possiblity, likely, or certain how many points etc.
Jun 22, 2010
Crossing road at Give Way blinded by sun, caused motorbike to swerve and avoid me, it skidded & crashed.
License had been revoked by Doctor for reasons that I would dispute.
Jun 21, 2010
I was stopped today x for driving at 58 in a 30. While I appreciate that some sort of fine and points is certain, I am concerned with what may happen and that there are mitigating circumstances which may help my case as the officer said he would report the matter and not issue a fixed penalty.
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 “New 30mph limit in force” 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 child’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.
In summary,
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 “wasn’t getting anything like that today” 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,
Best Regards,
Jun 21, 2010
Today I was involved in a RTA. I crept out of a juction to turn right. There were parked cars on the left blocking my view, nothing was comming from my right. As I edged further out a car came from the right doing more than 30 mph which was the limit, and we collided. I passed the breath test and all vehicle docs were in order, the police officer cautioned me and said I may be charged with driving without due care and attention. Should I contest the charge?
Jun 21, 2010
In x this year I was involved in a collision with a police car. I was carrying my cousins from Southampton to Norwich driving along a dual carriagway. There was a police car stopped on the carriageway with blue flashing lights.. assisting another motorist. I did not realise that the police car was stopped and I ran into the back of it. There were injuries to my passangers but no other persons were injured, my car was a write off. I did admit at the time to the police that it was my fault. I have now been been summond to court and dont know what to do. Should I just admit the offence? I have held my driving licence for less than two years.
Jun 21, 2010
I was involved in an accident with a bus 10 weeks ago and have still to be questioned or charged..is this likely to happen after this length of time. I have been available and contactable at all times but due to police officer holidays and availabilty I am not making a statement until next week. I am not looking to absolve myself or find loop holes I would just be grateful for your opinion. thank you.
Jun 16, 2010
I have been summonsed for the above offense. On x 2010 I was driving an 18 tonne HGV Class 2 rigid truck and was indicating to make a right turn across busy traffic into a t-junction. It was dark, and the street lamps near the junction were faulty & not working. As I waited to make the turn, an approaching vehicle on the opposite carriageway flashed their headlights, indicating that I could turn across in front of them. I did so, but as I was completing the manouvre I struck a cyclist who was approaching the junction from the road I was turning into with the side of my truck as I made the turn. I had turned the vehicle correctly, but due to the junction being quite tight and totally dark the back wheels of my truck did cross the middle lines of the junction where the cyclist was struck. The cyclist received some injuries as she was knocked to the ground. I was travelling at 5-10 mph at the time of the accident and was wearing a reflective jacket which I didn't see due to there being no street lighting above the junction and did not have a working front light on the bike (I know this because the attending Police Officer walked up to the bicycle in my presence and turned the light ON then OFF again). He recorded all the details of the incident at the time, and told me it was an unlucky accident & that I was unlikely to be charged with any driving offense. As stated above I have now been summonsed (received x2010, nearly 6 months later) to appear in court. Please could you advise me if you would consider I had reasonable defense against the charge?
Thank you.
Jun 15, 2010
Hi, I was just wandering if you could give me some advice on how to proceed. I was involved in a RTA on my motorbike Vs car. I was coming up to a double roundabout. Travelling at roughly 20-25mph and was off the throttle. I gave all round visual check and noticed a car in the far right hand lane heading the other way this is a lane that is marked for turning left or straight on, the vehicle had no indication on and as an observing glance I noticed that the driver had their hand up next to their head. As my way was clear for me I started to proceed onto the roundabout. I then noticed that the car suddenly changed direction (still no indication) and was now coming right on the roundabout (my way). I checked left but noticed movement in the left lane to me. I didnt change my direction as this would have put in front of the vehicle to my left side, which could have resulted me in being hit by both vehicles. By this time the car was in my path, the driver of the car looked at me and came to a sudden stop, I noticed that the driver was on their mobile phone. If the driver of the car hadn;t of stopped Im sure that we wouldnt of collided with each other. I broke hard, front brake followed by the rear brake but there wasnt enough room for me to stop which resulted in me colliding with the front of the car. As I collided with the car the handle bars twisted went into me groin which sent me up and over the handle bars and onto the car bonnet. Emergency services were called to the scene and I got taken to the hospital with severe bruising. Where do I stand with this? I have an independent witness who had watched the driver of the car travel roughly 100-150mtrs over both roundabouts and change direction with no indication whilst on their mobile phone, I understand that I entered the roundabout but when I started to precede my path was clear... as the driver of the car was in a lane marked for going straight on, didnt use indicators to say she was changing direction, using a mobile phone whilst driving and stopping on a roundabout?
Your advice will much appreciated.
Jun 15, 2010
My 76 year old father has been summonsed to court charged with failing to stop at an accident and driving without due care and attention. Another driver has accused him of pulling into his lane without indicating and causing extremely minor damage (dent the size of a thumbprint!). There is no damage whatsoever to may fathers car as is confirmed by an independent assessor and it has its original paintwork. The other driver turned up at my fathers house and accused him of secreatly having the car repaired! My father attended the police station to give a statement saying he was not aware of any collision but was in the area at the time. The police officer suggested settling the matter on insurance and said if this was done the case would not be taken further. So my father agreed to this as he has comprehensive insurance and protected no claims bonus and settled his claim. However the police are now still pursuing the case and taking him to court and deny suggesting he should settle the matter on insurance, but because he has done this it now makes him appear to admit liability. The police say the other driver has a witness (his wife) so they are taking the matter very seriously and the case is now with the CPS. How can this be correct the police can ignore the fact that my fathers car is undamaged. Should we complain about intimidation from the other driver, and also the police officer in wrongly advised him to settle the case on insurance? My father is a very careful driver with no points and is extremely stressed about the whole matter.
Jun 14, 2010
I recieved a ticket for this offence,even though no officer was present when I allegedlly commited the offence. As I was filling my motorbike with gas a officer pulled up and presented me with a ticket. The officer claimed someone reported my licence plate and my driving. Does a wittness have to appear in court if I dispute this ticket? How does it work that I can be tickeded when no officer wittnesed an offense? Can anyone who dislikes motor bike riders claim dangerous driving ,call the cops ,report you,and then you recieve a ticket? This is a serious charge and I am wondering how to dispute this with out it costing me a fortune.
Jun 11, 2010
I picked up my sat nav whilst driving as my cradle had broken to see where i was heading ie the right way and a police officer pulled along side me and asked me to pull over.
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 ?
Jun 11, 2010
I had pulled up at a junction to turn right the van comin up the hill was indicating left and slowed to to start to pu out I then lifted my foot slightly off the clutch and the van seemed to change his mind and carry on to proceed up x hill and hit the left side of my car and me hitting the middle of his van no one was injured and I had two friends on the car who both seen his indicator on I don't no whether to go to court or to plead guilty in writing many thanks
Jun 8, 2010
Travelling across the junction with North Circular from x Street to x Road on motorcycle. Driver swerved in front of me and performed U turn around the exit bollards with no signal of intention abd heavy braking in busy traffic from both directions. Gave me no time to react due to sudden manouevre and I rear ended him. He didn't stop immediately and i had to give chase. Can i ask about who would be to blame in this situation. I can give more details on the phone. Thankyou
Jun 7, 2010
I had the misfortune to have a road traffic accident last week. I am an HGV driver
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?
Jun 7, 2010
On Sunday x 2010, I was driving to x after a strenuous dancing class in x. I popped into the McDonalds’ Drive-through on x Road and bought a milkshake. As I approached the traffic lights at the junction of x Way and x the lights changed to red and I slowed down as I got closer to them (travelling at less than 15mph). It was at this point I had a sip through the straw of my milkshake. The lights changed to green, I put my drink down and continued driving. It wasn’t until I had almost reached my destination –x Avenue that the police 4x4 following, flashed me and indicated for me to stop. This I did. A little confused as to why.
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 couldn’t believe it! I’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 friends’ house. He then made light of the fact that my friends might be looking out of the window wondering what I’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. I’m only a teaching assistant, so cannot afford this fine of £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
Jun 7, 2010
My 82 year old mother was involved in an accident last December. The police say she crossed over the central line of a country road in preparation to pass a stationery vehicle, causing the collision with the other motorist, she does not thnk this was the case. She has no points on her licence and dispite her age is a very careful driver who has not been involved in any other rta for some 20 years. They did not inform my mother that she was to be prosecuted until 5 months after the accident. They offered the driver inprovement scheme but she is now suffering from anxiety and depression following the recent deaths of her 2 closest friends and her brother. Our family doctor does not think she should put herself through the stress of taking this test as she has already had many sleepless nights at the prospect of it. I read that you have to be informed within 14 days of the accident that you are to be procecuted is this the case?
Best wishes
Jun 7, 2010
I was invloved in an accident yesterday in which I crossed the white line and collided head on with another vehicle.

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
Jun 2, 2010
I was involved in an accident in February 2010 on a Dual Carriageway whereby I collided with a Tractor carrying a large trailer of potatoes.

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?
Jun 2, 2010
I pulled across the opposite lane to turn into a juction and was hit by the driver coming in the other direction.
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?

Many Thanks
May 27, 2010
if you have the option of taking a driver improvement course does that have to be taken in the same county where the aledged offence took place ??

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.
May 25, 2010
i was inform by my company an incident occured on the motorway between my truck and a car 10 days or so after the event of which a driver had said that i had cut them up the police interviewed me and i had no knowlage of this matter yet i was banned from a company that we sub contract to and then lost my job of which i have done for just over 4 years yet i have no knowlage of this matter and there is no cctv footage of this happing or proof of my guilt i have been give a driver alert course or face a indended prosecuition so by the looks of it i have been found guilty no matter what is this right as i stand to may lose my house and other thing on the hear say of someone who aslo whilst driving take photos of my truck please help
May 24, 2010
I was recently involved in a road traffic incident, in relation to which I received a summons yesterday (x). The alleged offence is "Driving without due care and attention in that you failed to observe an approaching moped and collided causing serious injury and damage".

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!!
May 20, 2010
I was involved in an RTA yesterday. A motorbike went into the rear of me. Very minor injuries fortunately to both bike driver and pillion. Damage to driver rear side of my vehicle.

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!

Very concerned
Apr 29, 2010
I was involved in an accident in October last year and have now received a summons for the above offence. I would like to plead not guilty as I believe this was an accident and would like your opinion on whether it is worth a not guilty plea.

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?
Apr 28, 2010
The police have asked me to contact them, someone had phoned them concerned about my driving. Do i have to contact the police as i can not recall any incident?
Apr 28, 2010
I am an 18 year old young driver with no previous convictions of anything. i am due to appear in court for th second time for the above offences. the first time i pleaded not guilty to all 3 because i did not commit any. i sold the car prior to the accident then bought it back a few weeks later for a low price that i could not resist. During this time i did not send off the log book or cancel my insurance purely because i did not have time becuase of educational and work commitments. I am very worried about this case, i can not afford to have a solicitor as i am a full-time student and only work part-time. i feel the magistrates are pushing me towards pleading guily even though i did not do it. Am i doing the right thing by pleading not guilty? what will be the possible outcomes if they find me 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
Apr 26, 2010
Unfortunately yesterday, I hit an old lady crossing in the middle of the road. It was n´t my fault or anything, she just did n´t look to her right and started crossing pushing her shopping trolley. All happened really quickly. I pushed the breaks and managed to hit her on the side but it could´ve been a lot worse. She was taken to hospital and after a phone conversation with the police this morning to find out her state, they told me she has a broken hip and that she will not be discharged until tomorrow. My car has been taken by the police by the way but I hope I´ll get it back later today or Monday
I know I did n´t do anything wrong. My cars is Mot´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,
Apr 19, 2010
i was messing about on my scooter and had my 8 year old son on the front as i turned into private cul de sac i slowed down but my son pulled the throttle back and i lost control of the scooter, thus i hit a neighbours house damaging a gas meter at the front of the house. this happened on x. i made a statement to police and they are sending case to the CPS, would like advice what to do.
Apr 19, 2010
I have been sent a letter saying that it's been alleged that I committed the following offences:
- 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 wasn’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!
Apr 19, 2010
Driving without due care and attention OR Without reasonable consideration for other road users.
Question: I have been given the alternative of attending a Driver Improvement Course, or attending Court, what advice would you give.
Apr 16, 2010
I have received a Nip from the police dated 10/4/10 for the above alleged offence(s)on 7/4/10 and the location of the alleged offence. the vehicle in question is owned by me. Along with this Nip is an application for name and address of driver which asks for the full name and address of the driver.
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?
Apr 16, 2010
I was in a car accident on the highway where I was found 100% at fault. the only reason is because I couldn't afford a lawyer to fight icbc for me. I had someone hit me from behind on the highway and i hit the gas from reaction then immediately hit the brakes causing skid marks i went and hit another car in front me. the cop at the scene gave me a ticket for driving without due care. I disputed my ticket last year and now finally have a court date. If the courts find me guilty i will lose my license for 1 year.I cannot lose it. is there any way i can fight this and win?
Apr 14, 2010
I was following an ambulance car at speed on a B road and was about to overtake it when
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.
Apr 13, 2010
I was involved in a car accident back in February whereby, at a roundabout on a wet night I collided with a cyclist. She was not seriously hurt and the police have said that even though it was an accident, they feel there is enough evidence of charge me with the above offence. They have sent a recommendation that I attend a driver improvement course, but the two dates I have been offered I cannot afford to pay one as it is in 3 days time at £190, and the other one I am on holiday. If I end up being prosecuted and fined, do I have to pay the fine all in one go, or does it get paid off in installments?
Apr 13, 2010
I hit a parked car on the side of a road , I pulled in infront looked at my car so then drove off without fully asseccing the scene. I then later realised i had caused some damage to my car, but still did not report it. 12 hours after the incedent i then had a phone calll from the police. I am now going to court and at risk of attaining point for not driving with due care and attentio, leaving the scene of an accident and not reporting an accident. Does it matter that I have just been offered a job does that make more likely for my to keep my liscence? I already have 3 points.
Apr 12, 2010
I have received a NIP today relating to an incident on the 26th of Match. It's alleged that I in a collision with the rear of a parked car and drove off. I do not believe this to be correct, I don't recall any collisions!
Apr 8, 2010
I collided into a friends vehicle and am being charged without due care and attention, for changing lanes in a violent and irresponsible manner. What the police did not see was that there was a 3rd vehicle involved that threw something at my car, my friend over took me swerved in front of the 3rd vehicle and jammmed on his breaks, not realsing I was following him, and I certainly didi not expect him to slam on his brakes. I have witnesses who will stand up in court and and the friend who caused the accident said he would make a statement too - although come the time I'm not certain that he will. Can you tell me how I should deal with this, the court is not local, I am unemployed but am waiting to hear if I have a job as a mechanic. I know I have made a stupid mistake which could cost me my licence.
Apr 7, 2010

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.

Mar 8, 2010
I received a letter through the post the other day for a court summons after receiving a section 59 warning last october. It states: Officers have observed the vehicles being driven in an anti social manner, the occupants appeared to be racing each other... driving along the one way section at speed. The road in question is a two lane one way street. The cars which were involved was my own and a work friends. We had both just finished a shift at work and on our way home. They explained what had happened and stated they had observed us racing and swerving in the road (and also said my work friend was infront and I was following, which is untrue as it was the other way around) The explanation I gave for the 'swerving' is that there is a sunken manhole in the middle of the two lane road maybe 2 inches deep, so, as always (if it was clear to do so) I would drive in the middle for that particular section as to miss the grid and not damage my car and my friend also did the same as it was a well known problem. I also stated we wern't racing, merely driving the same way home from work. Their reply was "we can either give you this section 59 warning, which means if you get another in the next 12 months you can have your vehicle seized, or we can sort it out down the station" It seemed much easier at the time to agree and take the warning to save from all the hassle as I just wanted to get home from work. They had no print out ticket for speeding.
Mar 8, 2010

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?

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