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 up to 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.
If it was literally just speeding then yes you will have a defence. The officer has to prove more than just speed to convict you of driving without due care and attention. He/she also needs to prove that your standard of driving was not good enough.
Is the statement from the officers attached to the summons? If so scan it to me so that I can take a look.
Have you got any points already? If so, how many?