KNOW YOUR RIGHTS
In this month’s edition we feature more road traffic issues relevant to the trade supplied by Patterson Law. These questions are based on real enquiries that we have received from professional drivers.
If you need advice on motoring matters please email
e.patterson@
pattersonlaw.co.uk or call us on 01626 359800 for free legal advice.
Over the last 12 months at Patterson Law we have noticed a significant rise in cases of driving without due care and attention.
Driving without due care and attention, or careless driving as it is often known, occurs when the standard of driving has fallen below that of “a careful and competent driver”. There is no hard and fast rule as to what constitutes driving without due care and attention as each case is dealt with on a case-by-case basis, but common examples could be running in to the back of somebody at traffic lights, clipping a wing mirror whilst trying to park, or overtaking on the wrong side of the road causing another driver to swerve or brake.
There is no particular reason for the increase in prosecutions - there hasn’t been a particular movement or government campaign - instead it’s more likely to be a combination of factors.
Of course, the Highway Code changed recently giving greater priority to pedestrians and cyclists, and in June last year a brand-new offence of causing serious injury by careless driving was introduced into law, opening the door for additional prosecutions. But the main reason for the increase is likely to be the ever- growing use of dash cams and go-pros. These cameras will not only catch more cases of bad driving, but also make prosecution of the offences in court a great deal easier.
If you are prosecuted, always take legal advice. Driving without due care and attention is a serious allegation which carries between 3-9 penalty
points, or
disqualification in serious cases, together with financial penalties. Below we have given some examples of questions we received over the last few months that highlight the risks and dangers of being prosecuted and what drivers need to do in those circumstances.
72 QUESTION 1 – NOTICE OF INTENDED PROSECUTION
Can I see the evidence before I nominate the driver? Can this be dealt with by way of a course? I would have been driving but I don’t want to respond until I know what I’m supposed to have done.
Q A
Firstly you do still have to respond to nominate the driver. Failure to respond to the notice could see you prosecuted for failing to give
information, which carries 6 points. However, if you do nominate yourself you are not admitting guilt.
Once you have nominated yourself there are a few things the police could do. They could offer you a course or a fixed penalty of 3 points instead of going to court. If they do, it is up to you whether to accept.
You are not entitled to see the evidence at this stage. You can ask for it, but the police are under no obligation to give it to you. If they refuse to give it to you, you’ll have to make a decision whether to accept the offers.
If you accept, you do the course or pay the fine, and that would be the end of the matter. If you decide not to accept the offer it means the case proceeds to court, where you can plead guilty or not guilty.
One of the benefits of taking the case to court is that you will be entitled to see the evidence. And if you are found not guilty then of course you walk free with no punishment at all. But the risk is that if you are found guilty you will get 3-9 points and fines/costs, which is of course a lot more than the course or the fixed penalty. And it may be recorded as a conviction on your record.
**some further guidance on the notice of intended prosecution (NIP). In order to convict a driver of careless driving, a NIP must be given in 14 days. But note – there are some exceptions. Quite often the police may attend the scene of an incident and give a ‘verbal NIP’ instead of a written one. And a NIP need only be given to the registered keeper at their last known address – not necessarily to the driver. Another exception of where a NIP is not needed is where an accident has occurred**
OCTOBER 2023 PHTM
I’ve just had a notice of intended prosecution for alleged careless driving. I think it’s because I passed a cyclist too close but I can’t be sure.
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