Driving without due care and attention |
Driving without due care and attention |
Sat, 26 May 2018 - 18:17
Post
#1
|
|
Member Group: Members Posts: 56 Joined: 20 May 2013 Member No.: 62,041 |
Hi, need advice
Received NIP as Police contemplate go to the court. last time went into the junction despite seeing car which was far away but was approaching fast. By doing was thinking that car would slow down. But he was approach defin.above limit and try to avoid me sverved Into barrier. Noticed driver who jumped out but I drove away as the road was one way and was thinking it was not my fault.other drivers behind damaged car stopped. Had also child so was going home. Try to contact with pc to clarify events but away. Problem is I have 6 points and do driving for living.any extra point means lack of job. Sent paper in the meantime to confirm who was driver. Think should speak with pc before furter action. What can I expect ? |
|
|
Advertisement |
Sat, 26 May 2018 - 18:17
Post
#
|
Advertise here! |
|
|
|
Sat, 26 May 2018 - 18:30
Post
#2
|
|
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
The book to be thrown at you, failing to stop, failing to report and driving without due care and attention. 6-9 points are likely. As you appear to have caused an accident (from your own version of events) it’s unlikely they will drop this.
You can’t (shouldn’t) just drive off because you don’t think it’s your fault, once you are involved you have to stop and exchange details. This post has been edited by The Rookie: Sat, 26 May 2018 - 18:32 -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
|
|
Sat, 26 May 2018 - 19:35
Post
#3
|
|
Member Group: Members Posts: 56 Joined: 20 May 2013 Member No.: 62,041 |
I see. Will they go to the court straightaway ?
Any hope with traffic solicistor as wonder now what to do. |
|
|
Sat, 26 May 2018 - 20:14
Post
#4
|
|
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
They may offer an awareness course but with the aggravating factors that is far from certain I’d say, I doubt they will offer a fixed penalty for the same reasons, so yes off to court (that may not be for a good few months). From what you say I see little point in a solicitor, playing devils advocate if you could assess his speed as too fast why still pull out in front of him? you have a contradictory assessment of the situation it would be very hard to explain away.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
|
|
Sat, 26 May 2018 - 20:30
Post
#5
|
|
Member Group: Members Posts: 56 Joined: 20 May 2013 Member No.: 62,041 |
I wrongly explained.I have noticed car approaching very very fast in the back mirror and when he vtried to avoid me in last minute.before turning it seemed to me he was driving fast but not so much so I had still space to make safe manouvre.
|
|
|
Sat, 26 May 2018 - 22:00
Post
#6
|
|
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Wrongly estimating another cars speed such that you make a manoeuvre creating a risk of a collision is pretty much nailed on driving without due care and attention, it’s worth noting that BOTH drivers can be driving without due care and attention, the deficingtion for which is a standard of driving that falls below that of a careful and competent driver.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
|
|
Sat, 26 May 2018 - 22:08
Post
#7
|
|
Member Group: Members Posts: 6,178 Joined: 1 Jan 2013 From: Glasgow Member No.: 59,097 |
I originally thought OP was turning on to the road the other car was approaching on but mention of the car being seen in the rear mirror suggests OP was ON the same road and was turning OFF it.
|
|
|
Sat, 26 May 2018 - 22:18
Post
#8
|
|
Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
Your problem in relation to careless driving is that you wrongly assessed his speed and considered that you had time to pull on to the junction when you did not, obviously it is not safe to assume that another vehicle is observing the speed limit because it may well not be, and you need to judge its speed in relation to your planned manoeuvre, allowing a margin of error. Although the other driver was in the wrong by speeding, you were in the wrong by failing to make a safe manoeuvre.
Your problem in relation to failing to stop is that your must stop if there is an accident owing to the presence of your car on the road, regardless of whose fault the accident is. As the other driver crashed when swerving to avoid you, had your car not been present on the road he would not have had to do that, so the condition is satisfied and you should have stopped or later reported to police. A defence to these charges is therefore difficult to see. -------------------- |
|
|
Sun, 27 May 2018 - 08:17
Post
#9
|
|
Member Group: Members Posts: 56 Joined: 20 May 2013 Member No.: 62,041 |
Thanks for info.
In relation to failing to stop would be any mitigation for a child presence who had past traumatic experience with car crash ? Also extra WS from spouse who noticed car overspeeding. would be helpul in court? Documents were sent to her.as RK ad they dont know who was driving.she has filled driver details and letter will be send after bank holiday.when then I receive next letter directly to me for court? Could I offer to them in advance or before court hearing proposal with FPN only ? have free motor legal cover from car insurance. Is it cover also motoring offences like this? This post has been edited by esper: Sun, 27 May 2018 - 08:44 |
|
|
Sun, 27 May 2018 - 09:01
Post
#10
|
|
Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
any mitigation for a child presence who had past traumatic experience with car crash ? From what you say, your car was not involoved in any impact, and you drove away from the scene, so not sure what traumatic experience your child suffered? How long after the accident did you take your child to the hospital? You have a report from a medical expert e.g. doctor at hospital shortly after accident? Also extra WS from spouse who noticed car overspeeding would be helpul in court? The other driver exceeding the limit does not negate your carelessness, so i doubt it will assist. -------------------- |
|
|
Sun, 27 May 2018 - 09:55
Post
#11
|
|
Member Group: Members Posts: 56 Joined: 20 May 2013 Member No.: 62,041 |
Talk about psychological trauma from last non at fault accident where he went to hospital and had medical expert.
Simply didnt want to expose him again to driver crash scene to bring bad memories back.know it will be irrelevant. Checked in the meantime free motor legal and they give only advice. Well, I'll have to face it alone. |
|
|
Sun, 27 May 2018 - 10:02
Post
#12
|
|
Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
Talk about psychological trauma from last non at fault accident where he went to hospital and had medical expert. Simply didnt want to expose him again to driver crash scene to bring bad memories back.know it will be irrelevant. I don't beleive you have a defence to failure to stop. Your spouse was with you and you could have stopped in a posiiton that did not expose your child to the crash scene. Your spouse could have stayed with your child in the car whilst you at least went to see if other driver required medical attention and exchanged details. -------------------- |
|
|
Sun, 27 May 2018 - 10:42
Post
#13
|
|
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
It certainly didn’t prevent you reporting it as soon as possible at a police station though.......and from your own account it has nothing to do with why you didn’t stop anyway? To be honest and from your own account you are bang to rights on all charges and your best approach is to be as constructive as possible and hope they offer a course.
And brush up on your legal obligations as a driver in case of a next time! This post has been edited by The Rookie: Sun, 27 May 2018 - 10:44 -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
|
|
Sun, 27 May 2018 - 14:44
Post
#14
|
|
Member Group: Members Posts: 56 Joined: 20 May 2013 Member No.: 62,041 |
I noticed the other driver jumped out quickly from his car and there was many cars behind him.so he certainly was not left alone.
with child and wife on board in unknown for me area didnt see then reason to stop that time. Agree it was mistake and have to brush up my driver obligations. To have possible course remember it has to be 3 year period without points.my last 3 points were addded in 2016. Afraid no chance for it. In case of no offer would you suggest admit to all charges to reduce punishment? |
|
|
Sun, 27 May 2018 - 14:46
Post
#15
|
|
Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
To have possible course remember it has to be 3 year period without points. Incorrect. Points on DL have nothing to do with eligibility for a course. -------------------- |
|
|
Sun, 27 May 2018 - 15:10
Post
#16
|
|
Member Group: Members Posts: 56 Joined: 20 May 2013 Member No.: 62,041 |
I see.thx. So it up to them to use discretion for course in case
|
|
|
Sun, 27 May 2018 - 15:13
Post
#17
|
|
Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
So it up to them to use discretion for course in case Course offer as already mentioned, often depends on individual circumstances. There is nothing you can do until you hear from the Police. -------------------- |
|
|
Sun, 27 May 2018 - 17:14
Post
#18
|
|
Member Group: Members Posts: 6,178 Joined: 1 Jan 2013 From: Glasgow Member No.: 59,097 |
Documents were sent to her.as RK ad they dont know who was driving.she has filled driver details and letter will be send after bank holiday.when then I receive next letter directly to me for court? Remind her to keep a copy of the form and get a free Proof Of Posting from the Post Office when she hands them the letter. Remember there is a time limit for returning the form. |
|
|
Sun, 27 May 2018 - 18:11
Post
#19
|
|
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
when then I receive next letter directly to me for court? No, you will get paperwork in your own name for you to confirm you,were driving. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
|
|
Mon, 28 May 2018 - 21:09
Post
#20
|
|
Member Group: Members Posts: 56 Joined: 20 May 2013 Member No.: 62,041 |
Ok. I will ask her to make a photo of that form and retain copy of postage.
Would it be wise in the meantime to give a call to traffic department of that police station (lead officer currently away ) to find out what they planning to do , hear maybe the other version of incident and by the way explain my individual circumstances ? or wait as advised till they contact with me. This post has been edited by esper: Mon, 28 May 2018 - 21:13 |
|
|
Lo-Fi Version | Time is now: Friday, 29th March 2024 - 08:56 |