Driving Without Due Care And Attention Help!

[jessicacaca]

Last week I turned right in front of oncoming traffic which hit me. This was a rash decision which I now regret. The police officer said at the time that as I was trying to drive down a 'no entry' road (which I didn't realise at the time) I may receive points and a fine.

I know I may receive up to 9 points, but how is this judged? No-one in the accident was hurt bar me but I shouldn't have been going down the road in the first place. As I'm a new driver, I'll get my license revoked if I get 6 points or more so was just wondering how they determine what points you get?

How long does it take for me to find out if I'm getting points on my license?

Should I ring the Police officer dealing with it to find out more or will this aggravate the situation?

Any help would be much appreciated.
Thanks!

[Orderlimit]

Have a read of page 117, Jessicacaca

http://sentencingcouncil.judiciary.gov.uk/docs/MCSG_Update9_October_2012.pdf


Were you interviewed under caution at the roadside?

[jessicacaca]

Orderlimit - I got taken in a police car and interviewed where he read my rights and said I wasn't under arrest, not sure if thats interviewed under caution? Was in shock after the accident so was all a bit of a blur.

[Buenchico]

>>>where he read my rights

So, yes, you were interviewed under caution.

A court might keep the penalty points down to just 5 (thus saving you from having to re-take your test) but, given that were TWO driving errors (i.e. ignoring a 'No right turn' sign, which must have been in place if you were attempting to enter a one-way street, AND turning across oncoming traffic) I can't see it being kept to just 3 points.

[jessicacaca]

Right, so how long will it be before I find out if I'm getting points? The accident happened last Saturday (29/03) and the only thing I've received so far is an collision reference number from the police

[Orderlimit]

Ooo, Ok did you make use of a solicitor at the station?

Basically a file of facts will be forwarded to a decision maker and you should be informed within the next few weeks whether they will prosecute and if so, what offence. (if decision is to prosecute then it generally has to be in court within 6 months).

The guidelines in the sentencing council doc are for a person not pleading guilty and discounts of upto 30% are available for early guilty pleas. Mitigation could also reduce sentencing.

[jessicacaca]

Didn't go to the police station, was just interviewed in the back of his car as to what happened.
Have they got to notify me with a Notice of Intended Prosecution within two weeks? Or is this not relevant to me? Should I just ring the Police Officer and ask him what the sitation is?

Sorry for all the questions, never been in this position before!

[Orderlimit]

Sorry, lol, I read it as you were taken away etc.

The NIP would have been issued verbally (or should have) when spoken to at the scene, however, some police forces also send a hard copy them out

[Orderlimit]

...If the decision is to prosecute then you will receive a 'Summons' in the post.

[New Judge]

All that has been said thusfar is quite correct except for one small point which may need clarification. Whilst it is true that an early guilty plea attracts a discount of one third off the sentence, this only applies to the substantive sentence (which in your case will be a fine). The discount does not normally extend to ancillary orders such as costs, compensation and (most importantly in your case) penalty points.

Looking at the sentencing guidelines your offence certainly fits into the middle category of seriousness (you turned right carelessly across oncoming traffic) and five or six points would probably be considered. The magistrates may consider that the revocation of your licence which would follow if you receive six points is a disproportionate punishment for the offence. It’s up to them on the day.

[Orderlimit]

Ah, thanks Mr New Judge, I didn't know that.

Jessica, there is no harm trying to contact the officer for an up date but will probably be told the case has been forwarded to a decision maker, that's if you can get hold of him (unless he is a traffic cop).

[ABerrant]

"The NIP would have been issued verbally (or should have) when spoken to at the scene"

As per S.2(1) Road Traffic Offenders Act 1988, no NIP is required where the driver is knowingly involved in an RTC.

[Orderlimit]

Ooops (again), thanks AB, I knew I shouldn't have got involved in a traffic law question.

Jessica, IF, you were given a verbal NIP at the scene it goes something mad like "you are being reported for consideration of the question of prosecuting you for the offence/s of ........ ".

But as AB, has stated, its not relevant here.

[jessicacaca]

I've just noticed on sentencing council document that the basis for points and fine is for a first time offender pleading not guilty. I'm aware the incident was my fault, does it make a difference to the points I receive if I plead guilty?
I spoke to a friend who said they're more likely to offer a driving awareness course as an alternative to points, does anyone know about this?

[New Judge]

As I said in my earlier answer:

"The discount [for a guilty plea] does not normally extend to ancillary orders such as costs, compensation and (most importantly in your case) penalty points."

You should definitely plead guilty. From your description of events you are almost certain to be convicted should you choose to contest the matter. If you are convicted following a trial you will lose your right to a discount off the fine, and will have to pay far higher prosecution costs (around £350 instead of about £85).

Looking at the sentencing guidelines you should receive a fine of about one week’s net income (reduced by a third for your guilty plea), pay prosecution costs of about £85 and also pay a “Victim Surcharge” of 10% of the fine. Plus, of course, five or six penalty points.

I would suggest you are unlikely to be offered a driver awareness course for this offence, but policies on this vary from area to area and stranger things have happened.