Careless Driving Charge

[stuartmccracken]

I have been cited to attend court for a careless driving charge, in febuary i undertook a car and was witnessed by a police officer, the car abruptly stopped in front of me to make a manovere and and to avoid a collision i moved into the outside lane to move past the car but the officer didnt see it this way and he charged me with careless driving, intially when i got the charge i pleaded not guilty and then they sent me through a court date or offered that i could plead guilty at anytime, so after seeking legal advice and realised how costly it could be i decided to change my plea to guilty and hoped they would dispose of the case and give me a fixed penalty and fine but now they want me there in person to plead guilty and show my license. Even although i have pleaded guilty, do you think i should seek legal representation or should i just turn up and accept my fine and fixed penalty or what advice could you give me?

[EDDIE51]

You have pleaded guilty so that means you accept everything the prosecution say. There is no option of a fixed penalty for careless driving so you have go to court in person. They will want to know how much you earn and what expenses you have to decide on the fine , you will also get points on your licence 3 or 4 I think so make sure you have your licence with you.
The fine is the least of your worries your insurance will be at least double for the next 5 years.

[stuartmccracken]

thank you eddie, i apprciate that, its a weight of my mind
thanks again

[boxtops]

Agree with Eddie - although you couldn't anticipate the car in front stopping, you should always (in theory) be in a position to stop. Undertaking's illegal, and you have pleaded guilty. I don't see any mitigating circumstances - I think you will have to bite the bullet and accept the decision.

[blackscorpion]

Undertaking the vehicle in front is inherently dangerous and hence is why it is an offence. It is DEFINITELY driving without due care and attention. If the vehicle in front stops suddenly FOR ANY REASON and you are having to change lane suddenly 'to avoid a collision' as you put it, then you were likely to have been driving too fast and too close so as to avoid a collision (ie tailgating). What if you were unable to change lane and collided with the rear of the vehicle in front? Would you have blamed the other driver? As a member of the Institute of Advanced Motorists (and an advanced Motorcyclist trained to Police Class One Standard), I often see drivers who are exceeding the limit, aggressively tailgating the vehicle in front to intimidate the vehicle in front to either speed up or move aside so the speeding tailgater can then accelerate towards the rear of the next vehicle and repeat the process. If this fails, the offender often undertakes the vehicle in frustration. This type of driving is, at best anti social and, at worst, dangerous and illegal. And, when drivers are caught, they ALWAYS have an 'excuse' and it's ALWAYS someone else's fault. Drivers are generally oblivious to the amount of road needed to safely come to a stop in an emergency. They rarely drive appropriately according to the conditions (how often do idiots in cars drive without their DIPPED BEAM headlights on in fog, rain, low light conditions? Especially in grey cars - the majority of cars being grey in colour - rendering them virtually invisible to other road users). You have commited (at least one) offence. You have put other (potentially vulnerable) road users at risk. You must face the consequences. You would do well to learn from the experience and strive to reflect on your driving manner for the future rather than worry about how you can get away with it and the financial implications. Why not look into improving your driving with a IAM 'Skills for Life' course, or via ROSPA, etc.? And before you start with the "I don't need to improve my driving - it's the others on the road who are at fault" diatribe, the fact that you are having to attend Court speaks for itself. You are likely to incur a fine and get points on your licence. And this WILL have implications when it comes to vehicle insurance. Good luck.

[stuartmccracken]

Thanks to boxtops and black scorpian for your opinions, i just didnt see much point in going to a lawyer although i was told he could get me off with it, i just didnt want to have to pay the large fees that are attached to lawyers for such a mistameena. It was my fault, no excuses and just want to take on my points, pay my fine and get on with it.
Thank you for your correspondance

[New Judge]

Once you have entered a not guilty plea you must attend if you want to change that plea. You do not need legal representation unless there is anything particularly complex you want to explain to the Magistrates. If you do not attend your guilty plea will be maintained untill the trial date and if you do not attend on your trial date the trial will almost certainly go ahead in your absence. This means you will not have the opportunity to address the magistrates and, if you are found guilty, you will lose the discount afforded to those who plead guilty.

[joko]

is it still undertaking if the car is stopped though? i'd have thought it was ok to go round a vehicle turning right?


i realise here that that is not really the issue - you clearly did it to take evasive action and were obviously driving badly.