Driving without due care

A friend if mine got pulled in Leeds today, just off M621 at Elland Road, the reason, she’d not folded out her wing mirrors :open_mouth: .
She’s been reported for summons as she may lose her license under totting up for new drivers, 3 points last year for speeding.

I’ve told her that frankly I have no sympathy, maybe a bit harsh, but she had driven from Huddersfield like that.

Does anyone know if exceptional hardship can apply for new drivers?

What was she driving? A commercial vehicle?

If so its fully justified, infact its dangerous.

Typical woman! Probably too interested in the rear view mirror whilst putting her make up on!

Driveroneuk:
What was she driving? A commercial vehicle?

If so its fully justified, infact its dangerous.

Her ‘new’ 58 plate Fiesta, she’s in a bit of a pickle though cos she needs the car for her new job.

MADBAZ:
Does anyone know if exceptional hardship can apply for new drivers?

A mate of mine got let off with 5 points and a hefty fine for a CD30 after he punted another motor up the arse and threw it (and himself) into a field, we had both only passed our tests a matter of months at the time.

Not sure if he officially used the “exceptional hardship” procedure, but his reasoning for asking for favourable treatment was that he needed his licence to work, and he got to keep it.

You need to get your mate to post her story up on PePiPoo site.
There’s a critical question: Was she actually driving without due care and attention (wandering, pulling out into traffic in other lane), or was she driving properly, just without the mirrors folded out?

If it’s the latter, then the due care charge may be wrong.
Maybe she should have had a charge relating to defective/missing mirrors, which might just attact a FPN.

Get her onto PePiPoo sharpish, where legal types will give her advice.

Cheers Cieranc, already told her to go look at pepipoo, FPN won’t apply has she already has 3 points that’s why it’s gone down the summons route, 6 within 2 years revokes her license, she’s only been driving a year.

Not sure about the standard of her driving at the time but she’s a bloody loon, every alloy has got nasty scrape marks, even the o/s, she kerb surfs at over 30mph, she’s so bad our lass makes excuses not to get in car with her.

TBH I think it’s safer for her not to be on the road.

cieranc:
You need to get your mate to post her story up on PePiPoo site.
There’s a critical question: Was she actually driving without due care and attention (wandering, pulling out into traffic in other lane), or was she driving properly, just without the mirrors folded out?

If it’s the latter, then the due care charge may be wrong.
Maybe she should have had a charge relating to defective/missing mirrors, which might just attact a FPN.

Get her onto PePiPoo sharpish, where legal types will give her advice.

She didn’t have to be wandering or pulling into traffic in another lane to get the driving without due care and attention charge. Driving without reasonable consideration for other persons using the road also comes under the driving without due care and attention bracket. Driving with your mirrors folded in may be seen as driving without consideration for other road users by some officers from a safety point of view. It doesn’t sound like the mirrors were missing or defective so she couldn’t use that as a defense.

Never understood how someone can driver wtih there mirros folded in, it would just feel complearly wrong to me, surly she must have some curiosity as to what is happening behind her and next to her

damoq:

cieranc:
You need to get your mate to post her story up on PePiPoo site.
There’s a critical question: Was she actually driving without due care and attention (wandering, pulling out into traffic in other lane), or was she driving properly, just without the mirrors folded out?

If it’s the latter, then the due care charge may be wrong.
Maybe she should have had a charge relating to defective/missing mirrors, which might just attact a FPN.

Get her onto PePiPoo sharpish, where legal types will give her advice.

She didn’t have to be wandering or pulling into traffic in another lane to get the driving without due care and attention charge. Driving without reasonable consideration for other persons using the road also comes under the driving without due care and attention bracket. Driving with your mirrors folded in may be seen as driving without consideration for other road users by some officers from a safety point of view. It doesn’t sound like the mirrors were missing or defective so she couldn’t use that as a defense.

Unless her driving fell below a reasonable standard, there is no basis for a due care and attention charge. A lot will depend on how far she had been followed and what the standard of driving was like.

If the plod had simply spotted her mirrors folded and pulled her straight away, i think they are on a bit of a flier. If however they observed her changing lanes and joining from a slip road then she really is screwed. As both of those require a basic check in your mirrors.

The missing/defective mirror is interesting, because would they charge someone who had a broken or missing mirror with “due care and attention”? The same principle applies, in that you are incapable of using that mirror. I very much doubt they would, unless the driving had been of a really poor standard as a result of the mirror issue.

Sometimes the Police really do themselves no favours.

MADBAZ:
.

Not sure about the standard of her driving at the time but she’s a bloody loon, every alloy has got nasty scrape marks, even the o/s, she kerb surfs at over 30mph, she’s so bad our lass makes excuses not to get in car with her.

TBH I think it’s safer for her not to be on the road.

Sounds like she would benefit enormously from an advanced driving course. Become more aware, safer & gain vehicle sympathy.

I don’t know complete the ins and outs as I wasn’t there, but she definitely had dibble behind before she left the m/way, she knows they were behind cos she said she slowed down to 50 :laughing: . they did say something along the line of mirrors must be useable.

DonutUK:

damoq:

cieranc:
You need to get your mate to post her story up on PePiPoo site.
There’s a critical question: Was she actually driving without due care and attention (wandering, pulling out into traffic in other lane), or was she driving properly, just without the mirrors folded out?

If it’s the latter, then the due care charge may be wrong.
Maybe she should have had a charge relating to defective/missing mirrors, which might just attact a FPN.

Get her onto PePiPoo sharpish, where legal types will give her advice.

She didn’t have to be wandering or pulling into traffic in another lane to get the driving without due care and attention charge. Driving without reasonable consideration for other persons using the road also comes under the driving without due care and attention bracket. Driving with your mirrors folded in may be seen as driving without consideration for other road users by some officers from a safety point of view. It doesn’t sound like the mirrors were missing or defective so she couldn’t use that as a defense.

Unless her driving fell below a reasonable standard, there is no basis for a due care and attention charge. A lot will depend on how far she had been followed and what the standard of driving was like.

If the plod had simply spotted her mirrors folded and pulled her straight away, i think they are on a bit of a flier. If however they observed her changing lanes and joining from a slip road then she really is screwed. As both of those require a basic check in your mirrors.

The missing/defective mirror is interesting, because would they charge someone who had a broken or missing mirror with “due care and attention”? The same principle applies, in that you are incapable of using that mirror. I very much doubt they would, unless the driving had been of a really poor standard as a result of the mirror issue.

Sometimes the Police really do themselves no favours.

The law is a bit screwed up. As you say, you probably wouldn’t get a driving without due care charge for driving with a defective mirror from PC Plod, just a FPN instead unless your driving standard is suffering because of it. Which is crazy because in both cases, you obviously aren’t using your mirrors anyway. I think its just the individual police officers interpretation of how they see each case. Some might be lenient and let you off while the next will as good as have you banged up for it there and then.

In my opinion she should be prosecuted.
It is only when people realise they have a responsibility to other road users and get fined or lose a privilidge as a result for not taking the responsibility, that driving standards will improve…And christ knows, they need to.
Driving is not a right, nor is it a secondary occupation when in vehicle.

If she had wanted to change lanes with a motorcycle at the side of her, she could have killed him/her…Responsible driving is desperately required in this country.

It would be seen as more serious with the car being driven on a motorway where there is frequent need to change lanes.

att:
In my opinion she should be prosecuted.
It is only when people realise they have a responsibility to other road users and get fined or lose a privilidge as a result for not taking the responsibility, that driving standards will improve…And christ knows, they need to.
Driving is not a right, nor is it a secondary occupation when in vehicle.

If she had wanted to change lanes with a motorcycle at the side of her, she could have killed him/her…Responsible driving is desperately required in this country.

+1

i agree with the above 2 posts, if shes already got 3 points i would say shes gonna be banned.

She does seem a bit of a menace, it is not hard to judge by what you have said, she could easily kill someone and if she has not long had a licence then that is worse, she should still have it fresh in her mind about mirrors, more people fail a driving test through the improper or non use of mirrors than anything else, :unamused: perhaps we all ought to chip in to hire the best prosecutor in the land to make sure she gets banned and gets her ticket back after passing and advanced driving test.

att:
In my opinion she should be prosecuted.
It is only when people realise they have a responsibility to other road users and get fined or lose a privilidge as a result for not taking the responsibility, that driving standards will improve…And christ knows, they need to.
Driving is not a right, nor is it a secondary occupation when in vehicle.

If she had wanted to change lanes with a motorcycle at the side of her, she could have killed him/her…Responsible driving is desperately required in this country.

Absolutley correct. Fine and ban…get the menace of the road. The standard of driving today is shocking and its about time things are tightened up!

msgyorkie:

att:
In my opinion she should be prosecuted.
It is only when people realise they have a responsibility to other road users and get fined or lose a privilidge as a result for not taking the responsibility, that driving standards will improve…And christ knows, they need to.
Driving is not a right, nor is it a secondary occupation when in vehicle.

If she had wanted to change lanes with a motorcycle at the side of her, she could have killed him/her…Responsible driving is desperately required in this country.

Absolutley correct. Fine and ban…get the menace of the road. The standard of driving today is shocking and its about time things are tightened up!

aint that a fact, i thought it was just me turning into a grumpy old man, but nobodys gives a toss anymore about anything. the driving standard is horrendous.