24-02-2019, 11:49 AM
11
Re: HELP please. Driving without due care and attention
Originally Posted by Artangel
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Kazz, The only time l have heard of someone getting prosecuted for, ‘driving without due care and attention’ was when she went into the back of another car. So l don’t know what you could have been doing to warrant such a charge?
Failing to stop at a stop sign
Entering a yellow grid box when your exit isn't clear leaving you stood on the grid
Mounting a pavement
Going through traffic lights as they change to red
Overtaking when you can't see ahead
Putting make-up on whilst driving
Maybe smoking whilst driving
etc
Loads of possibilities
24-02-2019, 11:52 AM
12
Re: HELP please. Driving without due care and attention
Useful info here Kazz:https://www.ringroselaw.co.uk/person...eless-driving/
"Careless driving or driving without due care and attention or careless driving is defined as;
1.Driving that falls below the standard expected of a competent driver; or
2.Driving that does not show reasonable consideration for other persons using the road or pathways.
If you are found guilty of careless driving a court can impose between 3 and 9 penalty points, or disqualify you. It is therefore a serious matter, and one for which you should always seek specialist advice.
If you are prosecuted for driving without due care and attention the prosecution has to prove that your driving fell below the expected driving level of a competent driver, and this has to be proved beyond reasonable doubt. With specialist assistance from our Lincolnshire Motoring Defence Team, you can be sure that you stand the best possible chance of being found not guilty."
Examples of driving without due care and attention
All sorts of driving could be said to be careless, from a moment’s inattention to driving into another vehicle or pedestrian. Drivers using mobile phones were often prosecuted for careless driving but there is now a specific offence covering this. Eating or smoking whilst driving, or changing a CD, would all be examples of careless driving. Other examples would include;
• Driving inappropriately close to another vehicle
• Driving through a red light
• Turning into the path of another vehicle
• Colliding with a pedestrian
• Overtaking on the inside
24-02-2019, 11:55 AM
13
Re: HELP please. Driving without due care and attention
More examples of what it could be from the RAC:• Fiddling with the radio or infotainment
• Setting the sat nav
• Reading a map (or anything else)
• Eating or drinking at the wheel
• Adjusting your seating position
• Allowing yourself to be distracted by passengers in the car
• Examples of disregard for other road users may include:
• Driving aggressively
• Tailgating
• Overtaking on the left-hand side
• Lane-hogging
• Not giving way where appropriate
• Swerving across lanes
• Using the wrong lane at a roundabout
24-02-2019, 03:45 PM
14
Re: HELP please. Driving without due care and attention
Realistyou missed an important legal point. The letter stated 0 miles an hour. On that point alone taking strictly as the letter says, which one has to do, the car was not moving at the time. Therefore she was not driving maybe sitting in the car but not driving it.
the charge was driving without due care and attention
so on that alone I would certainly expect all charges to be dropped. If a judge in court saw that letter he would throw the case right out of court would be my guess.
Not only would I keep that letter but also make copies incase it got mislayed
All those you quoted were moving offences not stationary ones. Kass was recorded as zero MPH
If Kazz is a member of the AA or RAC they would give legal advice free of charge and even maybe act on her behalf. At least i would seek legal advice, some solicitors used to give half hour free
24-02-2019, 06:40 PM
15
Re: HELP please. Driving without due care and attention
Originally Posted by Primus1
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Was the nip code CD10? this is driving without due care, was it an official notice from the police?,
24-02-2019, 06:41 PM
16
Re: HELP please. Driving without due care and attention
Originally Posted by realspeed
->
Kazz always worth challenging a decision based on what was claimed . The police have to justify, not you to disprove it. If they can't then ask for the charges to be dropped. if not satisfied
If it were me it would be a letter to the chief constable complaining about the officers who bought the charges, he is bound to investigate any claims against his officers.
One thing policemen don't like is an internal investigation about them,it not only puts a marker on them but can also hinder any promotion coming their way.
Do get a dashcam it can protect you if/when you have an accident not your fault. Insurance companies find it very hard to disprove what happened when on video.
Halfords can fit them for you
I have what is called hard wired in my car but in Sue's it has to be plugged into the cigar lighter as there are no suitable fuses to piggyback onto
typical example that happened to us in a pub car park. the driver reversed without looking. luckily we were too far back so avoided being hit
24-02-2019, 06:45 PM
17
Re: HELP please. Driving without due care and attention
Originally Posted by Realist
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Can you clarify the above please Kazz ?What is a "bus route single decker"?
Do you just mean that buses use that road? Yes sorry
The statement of 0 speed on the form, I guess simply means they were not monitoring your speed, not that you were doing 0 miles/hr. In other words they don't know what speed you were doing. Actually that makes sense ta.
This sounds to me like they were monitoring something very specific.
For example, were there any junctions with a STOP sign that you may not have actually stopped at? NO nothing I know they had a "binge" so to speak on uninsured etc the other week in Solihull down the road from me, but they had tow trucks and all sorts out this was just two men in VIZ VESTS
If you highlight the name of the road for us we can possibly use Google Maps to look at it and determine what they were monitoring.
24-02-2019, 06:46 PM
18
Re: HELP please. Driving without due care and attention
Originally Posted by Realist
->
There are numerous things that could result in that charge Art imo.Failing to stop at a stop sign
Entering a yellow grid box when your exit isn't clear leaving you stood on the grid
Mounting a pavement
Going through traffic lights as they change to red
Overtaking when you can't see ahead
Putting make-up on whilst driving
Maybe smoking whilst driving
etc
Loads of possibilities
24-02-2019, 06:48 PM
19
Re: HELP please. Driving without due care and attention
Originally Posted by Realist
->
Useful info here Kazz:https://www.ringroselaw.co.uk/person...eless-driving/
"Careless driving or driving without due care and attention or careless driving is defined as;
1.Driving that falls below the standard expected of a competent driver; or
2.Driving that does not show reasonable consideration for other persons using the road or pathways.
If you are found guilty of careless driving a court can impose between 3 and 9 penalty points, or disqualify you. It is therefore a serious matter, and one for which you should always seek specialist advice.
If you are prosecuted for driving without due care and attention the prosecution has to prove that your driving fell below the expected driving level of a competent driver, and this has to be proved beyond reasonable doubt. With specialist assistance from our Lincolnshire Motoring Defence Team, you can be sure that you stand the best possible chance of being found not guilty."
Examples of driving without due care and attention
All sorts of driving could be said to be careless, from a moment’s inattention to driving into another vehicle or pedestrian. Drivers using mobile phones were often prosecuted for careless driving but there is now a specific offence covering this. Eating or smoking whilst driving, or changing a CD, would all be examples of careless driving. Other examples would include;
• Driving inappropriately close to another vehicle
• Driving through a red light
• Turning into the path of another vehicle
• Colliding with a pedestrian
• Overtaking on the inside
24-02-2019, 06:50 PM
20
Re: HELP please. Driving without due care and attention
Originally Posted by realspeed
->
Realistyou missed an important legal point. The letter stated 0 miles an hour. On that point alone taking strictly as the letter says, which one has to do, the car was not moving at the time. Therefore she was not driving maybe sitting in the car but not driving it.
the charge was driving without due care and attention
so on that alone I would certainly expect all charges to be dropped. If a judge in court saw that letter he would throw the case right out of court would be my guess.
Not only would I keep that letter but also make copies incase it got mislayed
All those you quoted were moving offences not stationary ones. Kass was recorded as zero MPH
If Kazz is a member of the AA or RAC they would give legal advice free of charge and even maybe act on her behalf. At least i would seek legal advice, some solicitors used to give half hour free
Well the letter went back I did not take copies or anything. Will wait and see and I did not stop at all just passed them I only stopped at the pedestrian crossing which they could not see due to the curve of the road but they would not know that and I know the woman I stopped to let cross as well.
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