Driving Without Due Care And Attention Plead Guilty Or Not Guilty?

[Rab_Rob]

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?

[EcclesCake]

I would like to add something constructive here but I simply can't. A 19yr old with a 9 month ban behind them and now looking at a careless driving charge.

Is it any wonder that innocent young drivers are being penalised for being in the same demographic group?

[New Judge]

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.

[daftgrandad]

Just curious,but I thought the minimum sentence for DD was 12 months.
Judging by what you,re saying,you have not got much option,but to plead guilty and
hope you are looked upon lightly.

[Buenchico]

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

[ChuckFickens]

"Just curious,but I thought the minimum sentence for DD was 12 months."

It is, and RR would have received a 12 month ban that was then reduced by 25% when he attended an alcohol awareness course.

[daftgrandad]

Thanks for the info chuck.
Did,nt realise you could get any reductions.

[owdhamer]

At one time the police would not bother apportioning blame in a minor accident,how times have changed.

[joko]

road was 'greasy'? how?

millions of people drive on wet roads everyday and dont crash - there were no other circumstances that affected you..i dont see how you can even consider pleading not guilty....

you sound like you could do with some further lessons...after your ban.

[Rab_Rob]

so does everybody think i should plead guilty and hope for the best? or go for not guilys and try and get my lawyer to get a deal, like a driving course or just revoke my license and have to do my test again?

[joko]

people get deals for a bit of speeding or minor offences...yours were not minor

plead guilty - you have no defence

[mrs_overall]

plead guilty and then get yourself a bus time table

[merciasounds]

You have to plead guilty - although you should get some credit for stopping and reporting it, especially as there were no witnesses.

[mrs_overall]

mercia - why should he get credit for obeying the law??????

[AB Editor]

Afternoon,

Just a friendly reminder that while Rab_Rob may have done wrong he came here for advice, not to be judged. Thanks to all those who answered his question seriously.


Spare Ed