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#Post#: 106291--------------------------------------------------
ISSUED WITH TRAFFIC OFFENCE REPORT FOR DRIVING WITHOUT DUE CARE
AND ATTENTION
By: oldguy69 Date: January 17, 2026, 11:36 am
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I am posting this on behalf of my Grandson ( I did read the
message regarding doing this )
A few days ago he was driving down a dual carriageway, it was
raining heavily and he was driving under the speed limit because
of the conditions.He approched a roundabout and whilst on the
rumble strips noticed a lot of standing water just before the
roundabout (shortly before this the ABS light had come on
showing some sort of vehicle malfunction.) He was braking but
the vehicle continued to skid and he lost control of it. He
skidded halfway onto the roundabout and his van went through a
plastic chevron sign. Because the van was still protruding into
the road he decided to drive further onto the roundabout so as
not to obstruct passing traffic. He knows the area well as he
has been working there for some months in all weathers and puts
this accident down to a malfunction of the ABS and the flooding
on the approach to the roundabout.
There were other drivers about no one stopped to help or give a
statement.
A police officer turned up and issued him with a Traffic Offence
Report for driving without due care and attention. He then said
he would breathalyse him but had to call another unit because
he did not have the necessary kit with him.Once the other unit
arrived they issued him with the same ticket that the initial
officer had started, did not breathalyse him and drove off,
leaving him on the roundabout. They told him to ring 101 when he
needed an officer to assist him with the recovery.
He was there for approximately 4 hours until the recovery came.
Does this seem like normal behaviour, just to issue a ticket
like this without any witnesses or evidence?
Any advice would be greatly appreciated.
#Post#: 106296--------------------------------------------------
Re: ISSUED WITH TRAFFIC OFFENCE REPORT FOR DRIVING WITHOUT DUE C
ARE AND ATTENTION
By: Southpaw82 Date: January 17, 2026, 12:06 pm
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What makes you say “without any evidence”? The police officers
will have seen the location of the vehicle - a vehicle leaving
the road and hitting an object is prima facie evidence of
careless driving. Was your grandson interviewed at the scene? If
he’s prosecuted he will see the evidence the police are relying
on.
#Post#: 106306--------------------------------------------------
Re: ISSUED WITH TRAFFIC OFFENCE REPORT FOR DRIVING WITHOUT DUE C
ARE AND ATTENTION
By: NewJudge Date: January 17, 2026, 1:49 pm
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[quote]He was braking but the vehicle continued to skid and he
lost control...[/quote]
Then his best course of action was to release the brakes and
exercise "cadence braking":
HTML https://www.lifeskillsdriving.co.uk/ABS%20%20Cadence%20Braking.html
Has he had the ABS checked?
In any case, I'm not sure a defence that it failed (even if it
did) will fly. Essentially he braked too hard which caused the
van to enter a skid.
#Post#: 106308--------------------------------------------------
Re: ISSUED WITH TRAFFIC OFFENCE REPORT FOR DRIVING WITHOUT DUE C
ARE AND ATTENTION
By: andy_foster Date: January 17, 2026, 1:58 pm
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The ABS light probably came on when he was aquaplaning.
#Post#: 106351--------------------------------------------------
Re: ISSUED WITH TRAFFIC OFFENCE REPORT FOR DRIVING WITHOUT DUE C
ARE AND ATTENTION
By: oldguy69 Date: January 18, 2026, 5:04 am
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Thank you for all the replies.
So does it look like he will have to pay the fine and receive
points rather than to plead his case in court?
#Post#: 106356--------------------------------------------------
Re: ISSUED WITH TRAFFIC OFFENCE REPORT FOR DRIVING WITHOUT DUE C
ARE AND ATTENTION
By: Southpaw82 Date: January 18, 2026, 5:40 am
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[quote author=oldguy69 link=topic=9538.msg106351#msg106351
date=1768734246]
Thank you for all the replies.
So does it look like he will have to pay the fine and receive
points rather than to plead his case in court?
[/quote]
I don’t think anybody said that. At the moment, all he has is a
traffic offence report. He needs to wait and see what the police
do next (nothing, an offer of a course, a conditional fixed
penalty offer, or prosecution).
#Post#: 106385--------------------------------------------------
Re: ISSUED WITH TRAFFIC OFFENCE REPORT FOR DRIVING WITHOUT DUE C
ARE AND ATTENTION
By: FuzzyDuck Date: January 18, 2026, 8:33 am
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And if offered a course or fixed penalty, they don't have to be
taken up. In which case the matter will proceed to court where
your son could plead not guilty and defend their case.
#Post#: 106506--------------------------------------------------
Re: ISSUED WITH TRAFFIC OFFENCE REPORT FOR DRIVING WITHOUT DUE C
ARE AND ATTENTION
By: oldguy69 Date: January 19, 2026, 6:48 am
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[quote author=Southpaw82 link=topic=9538.msg106356#msg106356
date=1768736452]
[quote author=oldguy69 link=topic=9538.msg106351#msg106351
date=1768734246]
Thank you for all the replies.
So does it look like he will have to pay the fine and receive
points rather than to plead his case in court?
[/quote]
I don’t think anybody said that. At the moment, all he has is a
traffic offence report. He needs to wait and see what the police
do next (nothing, an offer of a course, a conditional fixed
penalty offer, or prosecution).
[/quote]
OK, Thanks for the advise
#Post#: 106508--------------------------------------------------
Re: ISSUED WITH TRAFFIC OFFENCE REPORT FOR DRIVING WITHOUT DUE C
ARE AND ATTENTION
By: oldguy69 Date: January 19, 2026, 6:50 am
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[quote author=FuzzyDuck link=topic=9538.msg106385#msg106385
date=1768746836]
And if offered a course or fixed penalty, they don't have to be
taken up. In which case the matter will proceed to court where
your son could plead not guilty and defend their case.
[/quote]
OK,I understand, thanks.
#Post#: 106538--------------------------------------------------
Re: ISSUED WITH TRAFFIC OFFENCE REPORT FOR DRIVING WITHOUT DUE C
ARE AND ATTENTION
By: roythebus Date: January 19, 2026, 11:14 am
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The rumble strips approaching the roundabout can cause wheel
bounce and with the wet road could cause the ABS to malfunction
as Andy_Foster says above, aquaplaning as well. Is the ABS
warning light still on? Maybe get the system diagnostics looked
at, that may well record ABS malfunction.
I'm not sure cadence braking would be effective on a vehicle
fitted with ABS.
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