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Careless Driving without Due Care and Attention
I had an accident driving home in Feb where I went into the rear of the car infront after it stopped suddenly. I'm being done for Due Care and attention. My MOT at the time was 2 weeks out of date (not to knowlege) but thankfully this had no bearing on insurance and all insurance matters have been dealt with and it is a minor offence with only a �45 penalty. Apparently if I was only being done for Due Care I would have been offered an improvement driving course especially as I've not had an accident since I was 17 (13 years ago) but I'm told by solicitors the added MOT penalty is the reason why that option has been skipped. So although the MOT thing is minor I have suffered because it is in tandem with Due Care, the solicitor also mentioned that I wouldn't have had a summonds for Due Care if the MOT penalty wasn't there. Does anyone know if I can ask for the improvement course when I go to court or if I can contact the police or Crown Prosecution on this matter before hand? After speaking to solicitors I feel that having one will do me no good. Does anyone have any advice for me as I'll be going to court next month. I have 3 points on my license.
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I had a look at the 1988 Road Traffic Act which governs yir offences and I can�t see how yir solicitor thinks having no MOT is related to the Due Care offence since the Act says
" 3. Careless, and inconsiderate, driving. If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence."
Having no MOT is a separate offence.
On the Association of Natiional Driver Improvement Scheme Providers website here,http://www.driver-improvement.org.uk/ndis_f_a_ q.htm it says in reply to
�What are the criteria for being offered the course?�
The decision to offer a course is based upon sufficient evidence available to follow proceedings for �driving without due care and attention or reasonable consideration to other road users� contrary to section 3 of the road traffic act of 1988.
In addition
The driver must have a full licence.
There must not be any other offences to be dealt with by prosecution at the same time as the due care offence (i.e. no insurance).
The offer must not be made within 3 years of the completion of a previous Driver Improvement Course. "
It seems then you are out of luck, since you have the two offences being dealt with at the same time.
" 3. Careless, and inconsiderate, driving. If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence."
Having no MOT is a separate offence.
On the Association of Natiional Driver Improvement Scheme Providers website here,http://www.driver-improvement.org.uk/ndis_f_a_ q.htm it says in reply to
�What are the criteria for being offered the course?�
The decision to offer a course is based upon sufficient evidence available to follow proceedings for �driving without due care and attention or reasonable consideration to other road users� contrary to section 3 of the road traffic act of 1988.
In addition
The driver must have a full licence.
There must not be any other offences to be dealt with by prosecution at the same time as the due care offence (i.e. no insurance).
The offer must not be made within 3 years of the completion of a previous Driver Improvement Course. "
It seems then you are out of luck, since you have the two offences being dealt with at the same time.
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