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FightBack Forums > Queries > Speeding and other Criminal Offences
I know you guys usually discuss speeding issues, but I'm hoping you might be able to give me a bit of advice regarding a summons I've just received for Driving Without Due Care and Attention.

I was involved in an accident in January when I failed to stop in time to avoid hitting someone who had stopped at the end of a motorway sliproad because he'd failed to judge his entry adequately. Now, I will freely admit that, for whatever reason (I have a suspicion, but no way to prove it), I didn't see the guy until the last minute. Saying that, I feel that I wasn't too close that I couldn't stop. Unfortunately though, I didn't stop in time and when into the back. Thankfully, both of us stayed in the sliproad before pulling off onto the hard shoulder.

Highway Agency attended first and then police and an ambulance to check the other driver's wife (possible whiplash). The police took statements and advised that I would be considered for proscecution, blah de blah. At the time, the officer added to me that, although not definite, he doubted I would be prosecuted considering the circumstances. Its turned out otherwise... glare.gif

Anyhow, something I hadn't actually given much thought to since the accident was that when I moved onto the hard shoulder, I noticed that I had lost nearly all braking. I assumed at the time that some damage had been caused to the brakes.

Both myself and a friend repaired the vehicle ourselves. Nearly all the damage was to body panels and bumper (its a Toyota Hilux pickup). Upon inspecting the mechanicals, absolutely no damage or defects where found. However, the brake fluid was completely drained. We refilled the fluid and bled the brakes, but couldn't get any proper pedal. When pushing down the pedal, a very faint hiss could be heard. Upon inspection, we found a fluid leak from a section of brake pipe which was completely entombed in years of collected mud between a chassis rail and the petrol tank. Due to its location, this section of pipe was impossible to view by eye and could only be found by hand. It was badly corroded and definitely the source of the leak. The pipe was very securly mounted and in such a position that there is absolutely no way that it could have been damaged as a result of the impact. It is both our beliefs that the corrosion gave way at the point that I slammed on my brakes before accident, thus reducing the efficiency of my braking and extending my braking distance considerably. The entire section of pipe from the front junction back was replaced and the brakes returned to full efficiency.

The vehicle was completely mechanically sound before the accident, as were the brakes. If fact, the vehicle had been serviced by a specialist and MoTd only the month before.

What I'm after knowing is whether I have a valid arguement to dispute the charge? My main doubt is that the fault was discovered and repair by myself and a friend. Neither of us are trained and qulified mechanics, however, we have been repairing and modifying cars for well over ten years and have what I would consider to be a fairly decent level of mechanical competancy.

What do you think? Is it worth defending?
If fact, the vehicle had been serviced by a specialist and MoTd only the month before.

I don`t think that you have an argument that will save your points,but i would certainly take it up with the garage that issued the mot.Having said that there is a disclaimer that the mot is only "valid" at the time of issue.You were lucky it didn`t happen when somebody was crossing the road ohmy.gif
I understand that if you can show that the vehicle suffered a mechanical failure (such as brakes), the charge will often be dropped.
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