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DIR Return to: Speeding and other criminal offences
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#Post#: 47053--------------------------------------------------
Driving without due care and attention
DIR By: steetiehj
Date: November 26, 2024, 4:01 am
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My partner pulled out of a junction when a car was signalling to
turn into the junction we were leaving. It’s a dual carriageway,
and she didn’t see another vehicle overtaking the signalling
one. She crossed the road to head in the opposite direction and
hit the side of the overtaking car.
Thankfully, everyone is OK, but their car is a write-off, and I
suspect ours is too.
While waiting for recovery trucks for both cars, someone called
the police. They arrived and breathalysed my partner and the
other driver (both all clear). I then left, but while I was
gone, the police issued her a ticket for driving without due
care and attention and read her her rights.
Do you know if this is standard procedure? No witnesses gave
statements to the police about what happened. They told her it
was just a formality and likely wouldn’t go to court, but the
ticket says otherwise. They mentioned it could result in points
or a driver awareness course. I find it strange that they’ve
taken this step without solid evidence. They filmed all this
with their body cam.
#Post#: 47061--------------------------------------------------
Re: Driving without due care and attention
DIR By: Southpaw82
Date: November 26, 2024, 4:26 am
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The physical evidence from the vehicles is often enough.
Was she really given a “ticket” (i.e. a fixed penalty notice) or
something else?
Either way, what she did seems to be a nailed on careless
driving.
#Post#: 47064--------------------------------------------------
Re: Driving without due care and attention
DIR By: andy_foster
Date: November 26, 2024, 4:54 am
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If it was a dual carriageway, it's hard to see how it wouldn't
at least be careless.
#Post#: 47068--------------------------------------------------
Re: Driving without due care and attention
DIR By: mickR
Date: November 26, 2024, 5:08 am
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I would be very surprised if the police didn't speak to thise
involved and take statements.
#Post#: 47108--------------------------------------------------
Re: Driving without due care and attention
DIR By: steetiehj
Date: November 26, 2024, 9:52 am
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--- Quote from: Southpaw82 link ---
>
> The physical evidence from the vehicles is often enough.
>
> Was she really given a “ticket” (i.e. a fixed penalty notice)
or something else?
>
> Either way, what she did seems to be a nailed on careless
driving.
>
--- End Quote ---
She's been given a yellow strip of paper with the Lancashire
Constabulary Report for Summons. It states she's been given this
notice because the issuing Officer believes there is sufficient
evidence to prosecute her for a road traffic offence.
Here is the road and what occurred - we've hit car 2.
I saw her look both ways from a stopped position. She didn't see
the overtaking car and thought it was OK to go. We know she's at
fault, but I don't think it was without due care and attention;
she honestly thought the road was clear, and the only car (car 1
in the picture) was indicating and turning into the road we were
pulling away from.
HTML https://i.ibb.co/G9v9x16/Screenshot-2024-11-26-at-15-46-31.png
#Post#: 47127--------------------------------------------------
Re: Driving without due care and attention
DIR By: Southpaw82
Date: November 26, 2024, 10:46 am
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She looked but didn’t see an approaching vehicle, pulled out and
hit it. If that’s not careless driving then I don’t know what
is.
#Post#: 47128--------------------------------------------------
Re: Driving without due care and attention
DIR By: 666
Date: November 26, 2024, 10:48 am
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--- Quote from: steetiehj link ---
>
> [quote author=Southpaw82 link=topic=4029.msg47061#msg47061
date=1732616798]
> The physical evidence from the vehicles is often enough.
>
> Was she really given a “ticket” (i.e. a fixed penalty notice)
or something else?
>
> Either way, what she did seems to be a nailed on careless
driving.
>
--- End Quote ---
She's been given a yellow strip of paper with the Lancashire
Constabulary Report for Summons. It states she's been given this
notice because the issuing Officer believes there is sufficient
evidence to prosecute her for a road traffic offence.
Here is the road and what occurred - we've hit car 2.
I saw her look both ways from a stopped position. She didn't see
the overtaking car and thought it was OK to go. We know she's at
fault, but I don't think it was without due care and attention;
she honestly thought the road was clear, and the only car (car 1
in the picture) was indicating and turning into the road we were
pulling away from.
HTML https://i.ibb.co/G9v9x16/Screenshot-2024-11-26-at-15-46-31.png
[/quote]
The definition of careless is driving which "falls below what
would be expected of a competent and careful driver".
Whether your wife "honestly thought" it was safe is irrelevant,
as no proof of intent is needed.
#Post#: 47130--------------------------------------------------
Re: Driving without due care and attention
DIR By: andy_foster
Date: November 26, 2024, 10:52 am
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So, not a dual carriageway, but 2 lanes in each direction, and
traffic islands either side of the junction.
#Post#: 47132--------------------------------------------------
Re: Driving without due care and attention
DIR By: steetiehj
Date: November 26, 2024, 10:57 am
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Those are fair comments from both of you [southpaw82 & 666]. I
guess I just didn't like that she was made to feel like a
criminal. Thanks for your replies.
--- Quote from: andy_foster link ---
>
> So, not a dual carriageway, but 2 lanes in each direction, and
traffic islands either side of the junction.
>
--- End Quote ---
Sorry, my terminology is not quite right-you're correct.
#Post#: 47139--------------------------------------------------
Re: Driving without due care and attention
DIR By: 666
Date: November 26, 2024, 11:24 am
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--- Quote from: steetiehj link ---
>
> Those are fair comments from both of you [southpaw82 & 666]. I
guess I just didn't like that she was made to feel like a
criminal. Thanks for your replies.
>
>
--- End Quote ---
Although the the current controversy about "non-crime hate
incidents" has muddied the waters somewhat, the only offences
the police investigate are criminal ones.
However, most motoring offences (including careless driving) are
not "recordable". So, if convicted, your wife may be a criminal
but she will not have a criminal record.
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