...KNOW YOUR RIGHTS...
In this issue we feature pertinent road traffic ques- tions and informative answers supplied by Patter- son Law, the driver defence service. If you need any advice on motoring matters then please email
e.patterson@
pattersonlaw.co.uk or for regular updates on road traffic law follow them on:
facebook.com/PattersonLawMotoringSolicitors or
twitter.com/Patterson_Law_
Q A
I am being prosecuted for driving without due care and attention. I was driving over the brow of a hill. Over the other side, the road sweeps sharply to the right. As I drove over the brow,
I saw a car in the opposite direction driving slightly over to my side. It was all a blur, as it was a national speed limit so we were both driving quite fast. I can’t remember where I was positioned in my lane. The next thing I knew, the cars had collided. They were both a write off but thankfully any injuries to myself and the other driver were minor. I am really scared about attending court. Please help.
The first step is to look through the evidence and see if there are any grounds to challenge it. To convict you, the prosecution have to show be- yond reasonable doubt that the standard of your
driving fell below that of a careful and competent driver. If the accident was actually as a result of the other vehi- cle’s positioning in the road then you will have a defence. Not remembering exactly what happened makes it more difficult to defend. If there is no defence, a good alternative would be to see if the Crown Prosecution Service will allow you to com- plete a Driver Improvement Course. This means any pro- ceedings will be withdrawn and you will not have to attend Court. You will also be entitled to reclaim your reasonable legal expenses, if you have paid us to assist you. We have an 83 per cent success rate at persuading the CPS to withdraw cases such as yours after a sum- mons has been issued. If unsuccessful, you will be at risk of between three – six points. If the court consider the incident is really seri- ous they can impose a discretionary ban instead of points. This matter needs to be handled with care as it was a nasty accident.
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A Q
I have recently received notices for three sep- arate speeding offences. They all occurred on the same road within a week of each other. I accept I was slightly over the limit on all of
them but honestly had no idea I had committed even one offence, until the notices came through. I have a clean licence but am really worried that, as a result of one stupid week, I will now have nine points.
It is likely that the police will offer you a speed awareness course for one of the offences, pro- viding you haven’t already done one in the last three years. That will get rid of three potential
points. The next step is to have discussions with the po- lice and see if they can be persuaded to withdraw one of the offences, on the basis you accept a conditional offer on the other. The reasoning would be because you did not know about any of the offences until all had been committed and therefore didn’t have an opportunity to correct your driving behaviour. It is entirely at the discretion of the police to agree to this but if it works, you will only have three points on your licence. This is definitely something we can help you with and have been successful with this type of ar- gument in the past.
Q
I have received a NIP for driving without due care, failing to stop and failing to report an ac- cident. This happened when I drove to Bath. I was parking on the street around 10:30am
and then changed my mind to park at a pay and dis- play car park because I was not sure if I could park on the road for free. I wasn't aware of an accident hap- pening at that time. The only thing I can think of is that I might have clipped a parked car in front of me when I was parking on the street however there is no damage to my car and the time on the notice is 17:30. My car was parked at the car park at that time. I have three points on my licence and have been driving for 15 years. I would like to ask if I have a defence in this case?
A
If you recall being in that place, in that vehicle, it is likely that the time on the notice is a typing error. The time needs to be confirmed with the
PHTM AUGUST 2013
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