Driving without due care and attention

Discussion in 'General Discussion' started by stuartk, Apr 23, 2021.

  1. 14 Sep 2021 at 7:30 PM #121
    mjn

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    i’ve been a few times over the years LOL
     
  2. 14 Sep 2021 at 7:32 PM #122
    stuartk

    stuartk Flexing a golden cincture

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    Honestly mate I am terrified of losing my license as I need it for work. No license means I have no business and unfortunately my partner does not earn enough to support us both. That said covid has emptied my war chest somewhat too!
     
  3. 14 Sep 2021 at 7:42 PM #123
    toiletduck

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    Try not to worry chap, it won’t come to that. No way in hell are they going to give you 12 points or a ban for what is an entry level road crime at best.

    Absolute worst case is you get representation, it doesn’t go well because the magistrate hates you and you get 9 points and a big fine. Most likely is 3-6 points and a regular fine or you’ll get off. I’m rooting for you.
     
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  4. 14 Sep 2021 at 7:48 PM #124
    stuartk

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    I hope so mate. To be honest it was a dickhead thing to do and probably acted in a fit of anger due to everything going on around that time. Why I am glad to be out of the pub! Still paying for the aftermath of that mistake!
     
  5. 14 Sep 2021 at 7:55 PM #125
    Raif

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    No way show me the footage I don't believe you!
    Mercedes coupes are currently no.1 kock jobs. All Mercedes, BMW, Audi and Range Rover SUVs are a very close second.

    I'm debating pulling the trigger on a Volvo 240 to use a battering ram
     
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  6. 14 Sep 2021 at 7:58 PM #126
    Raif

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    Stu don't sweat it mate. Turn up and don't say a thing. Don't implicate yourself but don't try to argue either. Leave the onus on the court and see what they can justify from the footage. I've used this technique to good effect before.
     
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  7. 14 Sep 2021 at 8:31 PM #127
    mjn

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    You’ll get 6 points and a fine.
     
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  8. 14 Sep 2021 at 8:54 PM #128
    5tuart

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    Snitches get stitches. :D
     
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  9. 14 Sep 2021 at 9:36 PM #129
    MaximumBob

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    LOL Godwins law applies.
    And WTAF...there is a line between someone undertaking and someone driving dangerously.
    Bloke driving the wrong way down a motorway...hey don't be a do-gooder and report him.
     
  10. 14 Sep 2021 at 9:55 PM #130
    M3Loon

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    More than likely someone’s got you on dash cam doing something, had it myself last year and took the Zoom course but with hindsight I should have asked for evidence and fought it in court as they rely on you excepting the nick
     
  11. 14 Sep 2021 at 10:42 PM #131
    Uncle Benz

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    Is it Andrew Thompson? He’s very good
     
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  12. 14 Sep 2021 at 11:00 PM #132
    HerrBonden

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    Andrew would be my go-to too.
     
  13. 14 Sep 2021 at 11:10 PM #133
    T5Pilot

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    I’m struggling with this.
    So you had an NIP through the post several months ago.
    You hear nothing, then get a summons.
    To me, that sounds like an abuse of process.
    A due care offence cannot be dealt with by a FPN. It’s always by way of reporting for summons.
    Unless I’ve missed something, you have not been reported for summons.
    Not only that, you have not been given the opportunity to present your version of events by way of an interview under caution.
    Only after such an interview would you be reported for summons. The whole file should then be reviewed either by a Police prosecutor, or the CPS. At which point the evidence & your account of that evidence is the deciding factor as to weather to prosecute or not.
    Because, obviously, had you have been interviewed, you would have had the opportunity to explain that after overtaking traffic, using lane 3, travelling at or around the speed limit, you simply returned to lane 2 which was clear, and subsequently into lane one which was also clear. You then closed on slower-moving traffic in lanes 1 & 2, and moved out back into lane 3 in order to overtake that traffic.
    Complete abuse of process IMO.
    In any event, you should demand full & complete disclosure, to arrive well before the court date, as you consider this an abuse of process. Ensure you include (with the request) your logic behind this. You have not been interviewed, you haven’t been reported, you have no evidence of the allegation, and therefore you have no means to prepare any potential defence.
    I’d be gobsmacked, quite frankly, if this is pursued.
     
  14. 15 Sep 2021 at 1:27 AM #134
    Dcdad43

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    Undertaking can be seen as a dwdca offence, 3 to 9 points or a ban if guilty are the potential consequences. A court summons already indicates that the offence is deemed serious enough to deserve a trip to court.
    A specialist motoring lawyer will be able to advise you on the best course of action, I cannot emphasize this enough.
    If the cost is an issue do you have free access to decent legal advice through membership of a professional/trade association or some sort of membership organisation?
    If losing your licence is likely to have a significant impact on your ability to work you are going to have to invest in taking steps to limit the impact as best you can.

    Some take the view that a short ban is preferable to say 9 points. Gets it a over and done with and you don't get points with a ban. There are also future insurance costs to take into account.

    A simple guilty plea, (no mitigating "sob story" or contrition "sob story") while a low effort option, it is not without risk, a gamble that can go either way.
     
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  15. 15 Sep 2021 at 9:30 AM #135
    stuartk

    stuartk Flexing a golden cincture

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    Who is this? No it’s not him this chap is someone else called Paul.

    Well I sent the NIP back in April so I think I’m beyond that stage now. Let’s see what solicitor says.
     
  16. 15 Sep 2021 at 11:26 AM #136
    stuartk

    stuartk Flexing a golden cincture

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  17. 15 Sep 2021 at 11:30 AM #137
    MaximumBob

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    I wouldn't discount what T5pilot says..he knows what he is talking about.
     
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  18. 15 Sep 2021 at 11:36 AM #138
    stuartk

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    He sounds very knowledgeable and I will be presenting what he has said above to a solicitor when they decide to call me back. I have been in touch with three and awaiting contact. Supposed to be having a call with one this afternoon.
     
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  19. 15 Sep 2021 at 11:46 AM #139
    HerrBonden

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  20. 15 Sep 2021 at 11:46 AM #140
    stuartk

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    I have called and emailed him buddy.

    If you could put a kind word in I would be in your debt :)
     

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