Driving without due care & attention

[korigami]

I have received a court summons after crashing my car back in June, i was driving back late over a long distance and had stopped a couple of times although i believe i crashed as i fell asleep (very bad i know) there were no other vehicles or individuals involved as it was a dual carriageway and as it was very early/very late in the morning (about 4) there were no other cars around. In my statements and interviews with the police I have stated that i think i feel asleep and i know that i'm at fault - however i've only been driving for a year and a half now.

Is it likely i'm going to be disqualified - will I get points and a fine and if so how much? The police officer at the time of doing the interview said they were likely to offer a driver improvement scheme instead of this going to court, will that still be offered when it goes to court?

Will I be penalised if I do not go to court and give a written plea of guilty?

[homer75]

If you aquire 6 or more penalty points within two years of passing your test your licence is automatically revoked and you will have to resit the test. As you have received a court summons it seems that you are not getting the 'driver improvement scheme option'.

[NORMANTHEDOG]

i would have thought you will get 6 pts and lose your licence,then you have to start all over again,i expect our resident know it all will give you a 2000 word essay on here later all about it

[korigami]

if I have to start again does that mean the points carry over?

[NORMANTHEDOG]

no,you start afresh,you have to take the theory test and driving test again and then the 2 yr rule starts again.

[korigami]

do you think it is worth me going to court then? am very scared of going.

[Gavin Dunt]

http://www.lost.eu/87ef

[NORMANTHEDOG]

yes of course go to court and explain to the court all that happened,tell them you had stopped a couple of times and you might just get 3/4 pts,its worth a try.

[NORMANTHEDOG]

just checked the dvla website,it carries a 3 to 9 points tariff,so go to court and plead your case,tell them you need your licence for work,really lay it on ,you never know,god might smile on you.

[NORMANTHEDOG]

gavin dunt,dont be such a idiot,stop posting this link everywhere

[homer75]

You may get a favourable outcome if you go to court and explain your case as you have done on here. Don't worry too much about being nervous as that will go in your favour. The court will realise that 6 points will sink you and if you appear genuine and remorseful they may award you the minimum tariff of 3 points. Good luck.

[JudgeJ]

I�ll try not to bore Norman too much (I assume it�s me he�s referring to when he speaks of �our resident know-all�). However, I will try to answer your question.

If you are convicted of careless driving you will either received penalty points (minimum 6, maximum 9) or you will be disqualified for the offence. If you are disqualified, you cannot drive at all for the period of the disqualification, but when that period ends you may resume driving as before. You will have an endorsement on your licence (which you must declare to your insurers) but no points.

If you receive points, you can continue driving. However, being �new driver� your licence will be revoked and you will revert to provisional status. The points you receive will remain on your licence (they only revert to zero when you are disqualified under the �totting up� rules.

The penalty you receive will not be affected by entering your guilty plea by post, but be sure that you do enter a plea and so qualify for a one third discount on your fine.

[homer75]

If it is a minimum of 6 points as JudgeJ says I guess you should hope for a short disqualification as it would be a lot less hassle than having to go back to square one. Strange situation - hoping for a ban ! Maybe best to get a solicitor and try and angle for this outcome.

[korigami]

thank you for the advise - i can't afford a solicitor though and i only have until Friday. I will make a plea and hope to get a short disqualification. But don't want to be too hopeful.

What is the totting up rule?

[JudgeJ]

The totting up rule means that if you accumulate 12 or more penalty points within three years (the dates of the offences, not of the convictions counting for this purpose), you will receive a mandatory six month disqualification. The points you have accumulated are removed from your licence. However, the endorsements and convictions remain and you must declare these to your insurers if the offences occurred within the period they are interested in (usually five years).