Due care and attention advice

Hi all. Had a accident on a roundabout yesterday. Didnt see car coming and we collided. Typical my luck a police man was sitting waiting to go on roundabout and saw whole thing. He decided to report me for driving without due care because i didn’t see car coming so wasn’t paying attention!!!

So has anyone been charged with same thing? Just really worried if get too many points on my licence won’t be able to get job driving?? Any input very much appreciated.

Many thanks

Bazza.

Sounds like a bit of bad luck there. Also of course the policeman can give an eyewitness account. You would have to have a strong case to defend this.

Sorry can’t help you more. I am in a similar boat but not been charged. Only issued an NIP. Just waiting for them to get some ‘evidence’.

You only have to look at the DFT tables with endorsement allocations to know what the potential for points is.

Oh and if found guilty, there is a chance you will have a meeting with the Traffic Commisioner who has the power to suspend or revoke your licence.

Good Luck

First things first ,

bazdub:
Typical my luck a police man was sitting waiting to go on roundabout and saw whole thing.

He may have well seen the whole thing,but only from his perspective, and bear in mind he was waiting to go on the roundabout the statement " saw the whole thing" would suggest that the officer may not have been driving with due care and attention himself.
Did the police officer consider your driving position and field of view at the time of the alleged offence ? Was he a black rat or a plod in a panda ?

Personaly I would contest this on the grounds that the officer did not witness the incidend in its entirety, if he insists he did then he was himself comitting DC&A , Did not take into account your field of view/blind spot/sun in your eyes etc etc, better if a plod for this one ,Traffic officers are a little more switched on :angry: but again dont always get in the cab to have a look them selfs.

Good luck

I’d say your boned mate, if it was me i’d plead guilty. Usually 6 points I believe but I would definitely get the advice of a solicitor.

Depends really on the actual circumstances i mean was there any factors like a bloody great daf mirror blocking your view, was the car coming round like lewis hamilton. Remember this car hit you even though you cut him up was he paying enough attention?

Cant really comment without seeing it with my owns eyes really.

Do you have legal cover with your insurance, if so I’d use it.

In the meantime keep stum…

Oh, and yes, 7 points and I didn’t hit anything :imp:

did you admit to being in the wrong at the time?
the rules are not just to give way to the right.
if you had already crossed your white line before the other vehicle had reached its white line, then you can keep going, and he should give way.
if you are travelling in a slow moving vehicle, and the other driver is travelling at high speed, then you shouldn’t be expected to be held responsible for the other drivers actions.

Shouldves don`t mean squat.

I pulled out on a car in a 30 limit. He hit me. I got done for DC&A 3 points. Even though the filth estimated his speed at 60mph! Going off his skid marks.

This was quite a while ago mind. Dont know what the points are now.

cheekymonkey:
I pulled out on a car in a 30 limit. He hit me. I got done for DC&A 3 points. Even though the filth estimated his speed at 60mph! Going off his skid marks.

Says it all :unamused:

Rereading the OP .
It sounds to me as if he has admitted to plod that “he didn’t see the other car”
it’s immaterial after that, what the plod himself saw.
If you didn’t see the car, then you don’t even have the defence that you did see him but thought you had enough time etc.
go to court and its two witnesses against you , work out the odds yourself :frowning:
last time for me was £40 fine and no points, but was a long time ago.
Also got a letter when renewing licence stating that in view of my record my application was being considered.
I doubt that you would get an invite from TC unless you have a poor record

I was done for the same thing years ago and boiled to the same as careless driving, 5 points and £150 fine. Mine was for racing on a public road (Corsa SRI vroom vroom 8v power)… Prob way different these days.

iIf you have not been done for DWDCAA before you will probably be given the chance at paying for a driver alertness course instead of having points and a fine, you can only have it if you have not done one in the last 3 or 5 years :confused: and also only if the police force that caught you are participating in the scheme, think its about £170. You spend half a day in a classroom and half a day out in a car.

bazdub:
Hi all. Had a accident on a roundabout yesterday. Didnt see car coming and we collided. Typical my luck a police man was sitting waiting to go on roundabout and saw whole thing. He decided to report me for driving without due care because i didn’t see car coming so wasn’t paying attention!!!

So has anyone been charged with same thing? Just really worried if get too many points on my licence won’t be able to get job driving?? Any input very much appreciated.

Many thanks

Bazza.

Yep.
I told the Officer that that is no Reason to crash in me. So the Officer agreed,turned around and charged the Car Driver for Overtaking where is no place to do so.

bubsy06:
iIf you have not been done for DWDCAA before you will probably be given the chance at paying for a driver alertness course instead of having points and a fine, you can only have it if you have not done one in the last 3 or 5 years :confused: and also only if the police force that caught you are participating in the scheme, think its about £170. You spend half a day in a classroom and half a day out in a car.

Now that would be a total brucey bonus. would more than happily do that.

Thank you for comments everyone. was thinking of going the contesting it route, but more think about it, its my first ever conviction so am thinking going into court reading guilty and asking for them to bear in mind that i need licence for job and if get too many points will loose job. thinking of playing the not wanting to waste the courts time etc etc.
Bit worried to be honest. :cry::frowning:

if pleading guilty make sure to put mitigating circumstances forward.
I.E he was a blind spot behind the mirror or you could try…I was driving a Scania and the curtains were drawn :slight_smile:

Just because he decided to report you for driving without due care and attention means you are definitely going to court? Don’t they have to get statements and investigate first?

I had a little altercation :wink: with a car on a roundabout some years ago, exactly the same thing by the sound of it. Police were called, quite rightly, and I admitted that I hadn’t seen the car at all. I had ‘lost’ him behind the mirror the whole time I was approaching the roundabout - complete fluke I thought but not unknown at all…

Was told that I could be prosecuted for DWDCAA and would be informed in due course… Suffice to say, about three months later, I had a letter saying no further action. Was I relieved?

This was about 12 or 13 years ago so things have probably changed for the worse, but I hope not for your sake. I understand your worry and hope its unnecessary… I wish you luck

bazdub:

bubsy06:
iIf you have not been done for DWDCAA before you will probably be given the chance at paying for a driver alertness course instead of having points and a fine, you can only have it if you have not done one in the last 3 or 5 years :confused: and also only if the police force that caught you are participating in the scheme, think its about £170. You spend half a day in a classroom and half a day out in a car.

Now that would be a total brucey bonus. would more than happily do that.

Thank you for comments everyone. was thinking of going the contesting it route, but more think about it, its my first ever conviction so am thinking going into court reading guilty and asking for them to bear in mind that i need licence for job and if get too many points will loose job. thinking of playing the not wanting to waste the courts time etc etc.
Bit worried to be honest. :cry::frowning:

Have you checked to see if the police force that caught you participate in the driver alertness scheme? If they do you will more than likely just have a letter in the post offering you that course. If they took you to the cop shop after the offence then it will more than likely be a court appearance, but if it was just a roadside stop where they said they would report you then the course is the most likely outcome.

scottishcruiser:
I was done for the same thing years ago and boiled to the same as careless driving, 5 points and £150 fine. Mine was for racing on a public road (Corsa SRI vroom vroom 8v power)… Prob way different these days.

Yeah, we have more valves now

Have just checked on internet and my county does participate in driver awareness scheme. So fingers crossed hey!!!

Firstly what were the circumstances etc, did you literally pull out in front of the car? If so then the case is pretty clear cut regardless of what the Police Officer saw, a typical DWCA is 3 points or sometimes more if you are found guilty at court. If it is a clear cut as you say then you will lose quickly.

Where was the roundabout? Google link?