Driving without due care and attention

[michael4]

Hi all,
I wonder if someone could give me some advice on the following please.
Last September,2007,my wife was involved in a car accident.She was turning right at a junction.Her view to the right was impeded by keep left signs.She edged out to get a better view and was hit by a 3 tonne van.Her car was written off.She was breathalysed in the ambulance and the van driver in a police car.Both tests were negitive.She was taken to hospital but was suffering only from shock.
The police officers that attended the accident said that they would be taking no further action had both parties were at fault.My wife for turning right and the van driver for speeding.It was left for our insurance companies to sort out.as i stated earier my wifes car was written off and she was paid out.
Now last week,Jan 2008,my wife recieved a summons to attend court in July this year on a charge of "Driving without due care and attention" i have contacted my wifes insurance company regarding a solicitior but they inform me the case is now closed as they have paid out and anyways it`s a criminal not a civil case.My wife contacted the police and asked why she was now being summons after they said no further action would be taken and they told her it was because another officer had looked at the case and deemed it should go to court.
I should state here that my wife has been given the option of either attending a "driver refresher course " at a cost of �163 to herself or going to Magistrates Court.
What advice would you give her please,attend the driving course and all is forgotten or go to court and take a chance of the outcome?If she goes to court does she need a solicitor or not?Her argument is that the view when turning right is obstruted by the keep left bollards.

Thanks in advance
Michael

[johnny37]

Not saying who was at fault but personally I would take the course. My son was in a similar situation and of course 'It was not his fault, I am a good driver', etc etc' As it turned out he was very impressed by the couirse and learned a lot about attitude and driving style.

[bob57]

I would take the driving refresher course for another reason apart from escaping points on my licence
she is getting extra tuition from the assesment people and at the same time I would enquire about the siting of the of the keep left signs and may try to claim against the local council if I could prove they were impedeing my view

I have in the past felt that some signs are in the wrong position and obscuring my vision when I'm in my lorry

[McNoodle]

Go to court and state your case. If she's telling the truth and the view is obstructed - photographic evidence would be good - stand your ground. Don't roll over and take some punishment off 'The Man' that is non deserving.

[Loosehead]

Plod love to try and frighten you with the old due care bit for just about anything. I'd plead Not guilty and go to court but it won't come to that. If it does you can make all the police involed attend court especially the one that said no action would be taken. Then stand well back!. They will drop the case as they don't want the agro unless they are sure of a conviction.

I have first hand experience of this with my motorcycling carreer and plod hate it when you don't roll over and they hate having to do all the paperwork and attend court etc so unless they are certain you are guilty they won't bother.

[michael4]

Thanks all for your help and advice.My wife says she wishes to go to court.Should we get a solicitor or represent her ourselves?And if guilty what could she expect.My wife works home help with the elderly and infirm so needs the car for her work.We have photos of our car at the scene of the accident,the photos,i believe,show that the state of her car the van driver must have been speeding to do that much damage.If my wife had pulled out and not edged out heaven forbid what the outcome may have been.
Loosehead,how do we go about getting the police that attended the accident to court if we dont use a solicitor?
Thanks again Michael.

[Drisgirl]

Take the refresher course -I can assure you- as she was given that option and declined then the court will view this and her ultiment conviction more severley.

She was guilty -supposing she had to wait an hour until she was sure the road was clear -she went over the line and caused the collision.There is no grey area here.
The police will know how many accidents have occurred at that particular place and it looks like in all probability this was the only one -hence the decsion to charge her.

Just bite the bullet and accept she was at fault.

[Ice.Maiden]

The refresher course, definitely.

[michael4]

Again many thanks for your replies.All valid points and advice.
Zacsmaster,yes you are correct we are aggrieved by the summons as the van driver,who was speeding,gets off scot free.
Drisgirl,we know for a fact that this is not the only accident to have happened at this junction.
As far as the refresher course goes my wife feels that she is not a bad driver,no convictions or points in 12 years of driving,and wonders if she attends this course would she be there with the so called "boy racers".Some will say so what if they are there,but to her it`s a big issue.
What we shall do now after all of your help and advice is have a long think about it.Does anyone though have any idea what the penalty could be if found guilty and i ask again will we need a solicitor?
Thanks again
Michael

[michael4]

Zacsmaster,i posted because we needed advice.We have never been trouble with the law before.Some may be able to let it ride over their heads others worry.We are the latter and look to others to assit.
Your second paragraph now sways us to the course.we are in limbo.

[michael4]

Point taken and thanks for the advice on the solicitor and what the penalty could be.

[Loosehead]

Just got back to this.

Zacsmaster, they want her to go to court and plead guilty to make their lives easy. How am I arguing against myself?

Michael if you intend to fight the case then the court will provide you with the forms etc to call relevant parties etc for cross examination. Obviously a solicitor would help but that would be expensive and you may not get costs even if you win. You can do it yourself if you are reasonably errudite.

If you plead not guilty there will be a pre trial review and you can stress to the magistrates the basis of your case then.
this will also serve to indicate to the CPS/police the fragility of their case.

I think they'll drop the case but even if they don't the penalty will not be a huge amount more than just pleading guilty and in this case I'd say you have a good chance of being found not guilty.

Personally i'd fight it rather than roll over as the motoring evangelists above suggest.

[Loosehead]

They are certain if she goes and pleads guilty, that's why I'm saying plead not guilty, then they won't be certain and they'll drop it!