driving without due care and attention

[lab1986]

hi my name is lewis aged 21 driving for 20months i had a crash last july,heres the details i pulled out on 2 a road of 40mph,i judged it was clear 2 pull out and did then i noticed a vehicle right up behind me so i beleive she must of been speeding,then 300 metres down the road was a round about as i aproached the round abouti could see i was clear 2 take the 1st exit with out stopping,so i entered the round about rolling at i beleive at 20mph i then accelerated in2 my chosen exit as i accelarated the back end of my bmw came out due 2 conditions beeing wet nd beeing a rear wheal drive i then colided with the barrier 2 my left and it pushed me 2 the other side of the road coliding in2 a vehicle the other side of the road waiting 2 enter the round about,causing damage 2 the rear right of his vehicle,1 witness claims i was speeding and 1 witness claims i was speeding but only doing 30mph a bit odd i know,the original court case was due 11jan 08 but has been ajurned(excuse spelling) to the 25th due 2 further questioning needed is this a good sign?im guessing so.There is no damage whatso ever 2 my first point of impact (the railing) and no skidmarks,all they have are 2 witnesses who i beleive was just over excited surely this isnt hard evidance as there statements dont seem 2 be strong and enough evidence 2 charge me for due care and attention,i am an honest hard working citizen who has never been in trouble with the police and has a clean driving license,i also think drink driving and boy racers r scum of the earth n would be offended 2 be put in2 their catogry,could people please leave opinions and what they believe the outcome could be,i am so upset over this :( thanks for your time

[meglet]

Lewis,I am not going to judge you but i think you have not actually seen what you have done wrong here.

It doesn't actually matter if you weren't speeding when you turned into the exit - you were going too fast for the conditions. This is why your back stepped out. I say this as you said one witness stated that you were only going about 30, so even if it wasn't over the speed limit, you showed a lack of care and attention to the conditions.

I can't tell you what the punishment will be but you seem decent enough so take it on the chin and chalk it up to experience. If you get a ban perhaps you should consider a front wheel car next time and one with a bit less power!

[Ethel]

You aquaplaned - happens when you drive too fast for the conditions. The speed limit is irrelevant - that is the maximum speed for the best conditions.


Impossible to guess the penalty, but the range is 3 to 9 points. Let's hope it's the lesser as 6 or more points and you are back to L plates.

[lab1986]

the police officer has stated that the weather was bad earlier that day but conditions were dry at the time! only i beleive i hit a wet patch

[rosie1965]

hi lewis, i know its a worry. you are very young but at the end of the day it is only a traffic offence. it s not life threatening and it will all be ok whatever the outcome. do youhave a solicitor? if not there will be one at court on the day you can talk too. do oyu really believe it wasnt your fault ,if you dont just go guilty. andie

[jno]

it's like meglet says: something made you lose control, whether it was a wet patch or whatever; losing control means... well, you weren't in control, and you have to be. Even if the witnesses agree you were doing 10mph, it was still fast enough for something to go wrong. If you can prove the piece of string in your engine broke suddenly, or a comet hit you from behind, you might have a defence; but other than that it's just you and a car that wasn't properly under your control. I don't really think you'll get out of this one, sorry.

[lab1986]

im due to be out of the armed forces in june,and 4 my last six months of service in my batalion they have out me as a welfare driver in germany,wich means i drive familes including young children and even sometimes new born babies to hospitals or airports n so on and my boss a captain in the british army has said he will write me a refrence stateing im a very reliable and safe driver and safe enough 2 drive army wifes n children around germany so surely thats enough 2 prove im a safe driver,and if i state 2 them that getting out of the army is daunting enough but getting out of the armed forces with no driving license is very scary,i wanna become a plasterer when i leave in june and this would be impossible without a drivers license as i would have 2 work all round the city,surely this would work in my defence and may consider points like 3-5 amd a drivers improvement course???? thank you

[lab1986]

i honestly dont mind the 3-5pts and a fine i do beleive that may be fair judging by ur replys,but i think six may be a little harsh as i beleive i am a competent and safe driver

[dustypuss]

when i was younger than I am now by 30yrs I ran a person down . I got done for driving with out DC and A . at the time I thought it was the end of the world . honest its not . every thing you have told us write it down and give it to the person that maters IE your solicitors

[Twenty20]

You lost control of your vehicle, it doesnt matter how good you think you are at driving. Personally, I think the worst drivers are those who are under the impression that they are good drivers. Just be thankful you didnt injure anyone. Drive within your capabilities and with a mind to the conditions.

dustypuss - I hope that your comment just reads worse than you actually meant? Running someone down in your car might not be the end of the world for you but I wonder how the person you ran down felt? I cant imagine how I would feel if I ran someone down, no matter who's fault it was. Perhaps it just came across wrong in writing?

[dustypuss]

It did come across wrong . I meant from my point of vie . Acutely I was on a scooter at the time ( We are the mods ) the pedestrian admitted that it was his fault he just ran out from behind a parked bus . but the judge said that as a driver I should all ways expect that sort of thing to happen (BA*&*TARD) I was only 18. (He was right !!!!) as you get older you see things in different ways . Lab1986 good luck I know it not nice to say this but learn from your inexperience . and mine . PS I am a driving instructor now 25yrs

[jake-the-peg]

Mitigating factors in the guidelines are:
Minor risk
Momentary lapse
Negligible/parking damage
Sudden change in weather conditions

Given that these seem to be fairly applicable to your situation I'd think you'll mostlikely get 3 points.

It's a category B fine which equates to a weeks take home pay.

Chalk it up to experience and try not to let it get to you.

[factor-fiction]

Hi Lab 1986,
I'm not clear what the relevance is of the first bit of your description concerning what happened when you first pulled out onto the road and someone sped up behind you. This was 300 yards before the roundabout. Am I missing something?

[lab1986]

sya they give me like a �300 fine,would they allow me 2 pay 2 installments of �150??? or would i have 2 be a student on terrible wages with lots of outcomes 2 get time 2 pay,i could understand them refuseing say like �20 a month but surely 2 installments of �150 they should have no problems with right?????