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#Post#: 111620--------------------------------------------------
Without care and attention
By: edrob Date: March 1, 2026, 6:19 am
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Background:
I was driving home from work at night on an unlit rural road I
was not familiar with. The road bent sharply to the right. I did
not take evasive action and hit the wall that abutted the road.
Later I was told that this is a frequent occurrence there
(although its no excuse) I honestly have little recollection of
what happened, but the collision was sufficient to deploy the
airbags and the car was written off.
The police came and seized my dashcam sd card.
I have now received an SJPN notice.
I already have 9 points on my licence for speeding offences.
Effectively I know I am looking at losing my licence.
Any thoughts on the following:
I have been charged with two items:
1. Due care and attention
2. Crossing double white lines.
On the double white lines one, from the dashcam footage it looks
marginal as to whether I crossed the lines. Also, in the details
it says it was while overtaking. This is clearly incorrect,
there was no overtaking involved.
I know that I'm going to lose my licence and as a result will
lose my job. (My workplace is in a rural area 30 miles from
where I live, I work shifts with irregular hours with special
needs children, and there's no public transport)
Is it worth challenging the double white lines one?
If I plead not guilty to that, what is the likely timescale for
it to come to court?
Any thoughts on range of penalty points I'm likely to get?
#Post#: 111622--------------------------------------------------
Re: Without care and attention
By: andy_foster Date: March 1, 2026, 6:31 am
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Based on evidence we haven't seen, and wording we haven't seen
in the SJPN/written charge, as regards whether it is worth
challenging the double white lines charge, I would say about
7.2.
Do both charges arise from substantially set same set of facts,
or do they relate to separate incidents?
On the face of it, absent some causal factor outside of your
control, hitting a stationary object is pretty much a slam dunk
for careless driving.
With 9 relevant points, any conviction for an endorseable
offence is going to see you totting up to 12 points.
Upon totting up to 12 points requires the court to ban you for
at least 6 months unless you can persuade them that such a ban
would cause exceptional hardship - that is to say hardship
beyond what most motorists would expect to suffer as a result of
such a ban. However, there seems little point in looking into
that as you have already told us that you are going to lose your
licence.
#Post#: 111624--------------------------------------------------
Re: Without care and attention
By: edrob Date: March 1, 2026, 6:37 am
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Thank you.
In reference to your question - it's all the same incident.
Based on your knowledge and experience - what do you think the
likelihood is that, me losing my job due to genuinely no
alternative transport options, would be considered exceptional
hardship?
#Post#: 111625--------------------------------------------------
Re: Without care and attention
By: andy_foster Date: March 1, 2026, 6:39 am
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Once again, 7.2.
#Post#: 111634--------------------------------------------------
Re: Without care and attention
By: NewJudge Date: March 1, 2026, 8:08 am
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Here's the guidance the Magistrates will have in mind when
considering your "Exceptional Hardship" argument:
When considering whether there are grounds to reduce or avoid a
totting up disqualification the court should have regard to the
following:
It is for the offender to prove to the civil standard of proof
that such grounds exist. Other than very exceptionally, this
will require evidence from the offender, and where such evidence
is given, it must be sworn.
Where it is asserted that hardship would be caused, the court
must be satisfied that it is not merely inconvenience, or
hardship, but exceptional hardship for which the court must have
evidence.
Almost every disqualification entails hardship for the person
disqualified and their immediate family. This is part of the
deterrent objective of the provisions combined with the
preventative effect of the order not to drive.
If a motorist continues to offend after becoming aware of the
risk to their licence of further penalty points, the court can
take this circumstance into account.
Courts should be cautious before accepting assertions of
exceptional hardship without evidence that alternatives
(including alternative means of transport) for avoiding
exceptional hardship are not viable.
Loss of employment will be an inevitable consequence of a
driving ban for many people. Evidence that loss of employment
would follow from disqualification is not in itself sufficient
to demonstrate exceptional hardship; whether or not it does will
depend on the circumstances of the offender and the consequences
of that loss of employment on the offender and/or others.
As you can see, loss of employment alone is not normally deemed
sufficient to avoid disqualification.
#Post#: 111636--------------------------------------------------
Re: Without care and attention
By: 666 Date: March 1, 2026, 8:29 am
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[quote author=edrob link=topic=10087.msg111620#msg111620
date=1772367551]
On the double white lines one, from the dashcam footage it looks
marginal as to whether I crossed the lines.
[/quote]
Whether it was "marginal" is irrelevant. You don't need to cross
the line to commit the offence: your vehicle has to to be
"driven as to keep the first-mentioned continuous line on the
right hand or off side of the vehicle". So the whole of your car
must be to the left of the line at all times.
#Post#: 111645--------------------------------------------------
Re: Without care and attention
By: edrob Date: March 1, 2026, 9:02 am
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[quote author=666 link=topic=10087.msg111636#msg111636
date=1772375392]
[quote author=edrob link=topic=10087.msg111620#msg111620
date=1772367551]
On the double white lines one, from the dashcam footage it looks
marginal as to whether I crossed the lines.
[/quote]
Whether it was "marginal" is irrelevant. You don't need to cross
the line to commit the offence: your vehicle has to to be
"driven as to keep the first-mentioned continuous line on the
right hand or off side of the vehicle". So the whole of your car
must be to the left of the line at all times.
[/quote]
When I said marginal, I meant marginal as to whether I did or
not. You cant see where the wheels are in relation to the line
from the dashcam
#Post#: 111647--------------------------------------------------
Re: Without care and attention
By: NewJudge Date: March 1, 2026, 9:35 am
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I don't think you need worry too much about whether the white
line charge succeeds or not. Your description of the collision
makes a conviction for careless driving a near certainty.
#Post#: 111667--------------------------------------------------
Re: Without care and attention
By: Brenda_R2 Date: March 1, 2026, 11:59 am
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"The police came and seized my dashcam sd card"
So did you just hand it over, belly up, or did you so under
threat of PACE?
#Post#: 111672--------------------------------------------------
Re: Without care and attention
By: edrob Date: March 1, 2026, 1:19 pm
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[quote author=Brenda_R2 link=topic=10087.msg111667#msg111667
date=1772387963]
"The police came and seized my dashcam sd card"
So did you just hand it over, belly up, or did you so under
threat of PACE?
[/quote]
He just took it. I was a bit dazed at the time.
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