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Driving Without Due Care And Attention Plead Guilty Or Not Guilty?
hi i am being charged with carless driving and was wanting a second opinion on what to do.
Basically what happened was i came round a right hand bend and lost control not going fast or anything, damp greesy roads, and hit corner to corner on each car, no injuries to anyone, no witnesses, so moved cars to the side and phoned police. so they turn up and do their thing and now im getting charged, on the statement i have by the policeman he says there was no obsicles or spiliages and the road was in good state of repair but he does say the road surface was wet and visability was good without high winds.
i have already been banned for 9 months for drink driving, i am 19 so i dont fall under the 2 years driving and can still only get 6 points, what should i do?
Basically what happened was i came round a right hand bend and lost control not going fast or anything, damp greesy roads, and hit corner to corner on each car, no injuries to anyone, no witnesses, so moved cars to the side and phoned police. so they turn up and do their thing and now im getting charged, on the statement i have by the policeman he says there was no obsicles or spiliages and the road was in good state of repair but he does say the road surface was wet and visability was good without high winds.
i have already been banned for 9 months for drink driving, i am 19 so i dont fall under the 2 years driving and can still only get 6 points, what should i do?
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From what you say I would suggest you are guilty of Careless Driving. The prosecution will argue that you were travelling too fast for the prevailing conditions and lost control for that reason.
Looking at the magistrates’ sentencing guidelines I would suggest (again from your description of events) that the offence is above the lowest level of careless driving and probably more fits the second category. This includes, for example, “Loss of control due to speed, mishandling or insufficient attention to road conditions...”. The suggested penalty for this is a fine of half a week’s net income (reduced by a third if you plead guilty) and 5 or 6 penalty points. You will also have to pay prosecution costs (about £80) and a £15 “Victim Surcharge”.
Your age is not relevant when considering the “New Drivers” regulations. It is when you passed your first test that counts. If you accumulate six or more points within two years of that test your full licence will be revoked and you will revert to provisional status. The disqualification you received for drink driving has no bearing on this.
Looking at the magistrates’ sentencing guidelines I would suggest (again from your description of events) that the offence is above the lowest level of careless driving and probably more fits the second category. This includes, for example, “Loss of control due to speed, mishandling or insufficient attention to road conditions...”. The suggested penalty for this is a fine of half a week’s net income (reduced by a third if you plead guilty) and 5 or 6 penalty points. You will also have to pay prosecution costs (about £80) and a £15 “Victim Surcharge”.
Your age is not relevant when considering the “New Drivers” regulations. It is when you passed your first test that counts. If you accumulate six or more points within two years of that test your full licence will be revoked and you will revert to provisional status. The disqualification you received for drink driving has no bearing on this.
You must have had a lousy driving instructor!
First all, he should have taught you that you should always 'assume the worst'. If you're approaching a blind bend you must assume that there's a horse-rider, broken down vehicle or other obstruction immediately around the corner, and drive accordingly. If there are schoolchildren on the footpath you must assume that one of them will run out into the road, and drive accordingly. If it has been raining recently (or is still doing so), you must assume that the road will be slippery, and drive accordingly.
Secondly,your account of the accident suggests that your foot was still on the brake pedal while you were actually entering the bend. Your driving instructor should have taught you that you should have fully completed braking before you even start to turn the wheel.
The test for a successful prosecution of 'careless driving' is whether the defendant's driving fell 'below the standard expected of a competent and careful driver'. Your driving clearly did so. Plead guilty.
Chris
First all, he should have taught you that you should always 'assume the worst'. If you're approaching a blind bend you must assume that there's a horse-rider, broken down vehicle or other obstruction immediately around the corner, and drive accordingly. If there are schoolchildren on the footpath you must assume that one of them will run out into the road, and drive accordingly. If it has been raining recently (or is still doing so), you must assume that the road will be slippery, and drive accordingly.
Secondly,your account of the accident suggests that your foot was still on the brake pedal while you were actually entering the bend. Your driving instructor should have taught you that you should have fully completed braking before you even start to turn the wheel.
The test for a successful prosecution of 'careless driving' is whether the defendant's driving fell 'below the standard expected of a competent and careful driver'. Your driving clearly did so. Plead guilty.
Chris
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