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#Post#: 93939--------------------------------------------------
Advice requested on Driving Without Due Care and Attention / Fai
ling to Stop / Failing to Report
By: PhilmoPhlegm Date: October 13, 2025, 3:08 pm
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I was involved in what the Police are deeming a Road Traffic
Accident last month. Two lanes merged into one, I was in the
right-hand lane of the two that merged, and ahead of the car to
the left of me after pulling away from traffic lights. The other
car accelerated, essentially undertaking me, and preventing me
from merging safely. There was another car coming in the
opposite direction, so I had no choice but to merge, and there
was contact between my car and the car in the left-hand lane.
Not much contact - just enough to ping my passenger door mirror
back.
I continued driving, but the other driver chose to drive
aggressively behind me – flashing his lights and driving
extremely close to my rear bumper. I was somewhat frightened by
this. I turned off up the slipway to the A38 dual carriageway.
The driver of the other car continued to pursue aggressively,
and then overtook me before suddenly stopping in front of me in
the middle of the A38 straddling both lanes of the dual
carriageway. He literally stopped all traffic heading west on
the A38 into Cornwall. Then he got out of his car and walked to
my driver’s window. His behaviour was extremely aggressive –
shouting abuse and making threatening gestures. I was genuinely
concerned that he was going to use violence against either me or
my car. I felt that the best way to defuse the situation was to
drive away. I was able to drive around him and his car and
continue on my journey.
I stopped at the next well-lit petrol station and examined my
car. This confirmed that there was no damage. Then I continued
with my journey.
Now I've received a Notice of Intended Prosecution for 1)
Driving Without Due Care and Attention, 2) Failing to Stop and
3) Failing to Report an RTA.
In hindsight, I can see that I should have reported the incident
within 24 hours. No excuses - I simply didn't realise the legal
obligation. I figured that this was too trivial to count as an
accident. And I can see how if this was an accident, then
clearly I should have stopped and clearly I should have reported
it. No real argument there. I'm guessing I can expect some
points for this. Never had any points on my licence before in 36
years of driving. Oh well.
But the Driving Without Due Care & Attention seems unfair to me.
It seems to me (and obviously I'm biased), that the contact was
at worst a 50:50, and more likely the fault of the undertaking
driver. If he (or for that matter the Police) has a different
version of events, I'd be surprised if he has any evidence that
contradicts my version. In fact, I'd be surprised if there is
any evidence at all, apart from his word against mine.
Any advice on the DWDC&A? Can I ask for evidence? Would I be
likely to get it? And if there is no evidence, would the Police
say this? What is most likely to happen next?
I've added a Google Streetview pic of the location. The road
markings are simply long white lines between the two lanes, and
then no white lines as they merge into one lane.
[img]
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