Careless driving charge | Legal matters | Back Room Forum

Wed 26 Oct 2016 11:29

Careless driving charge - kevin cooper

Hi all.

A while back where I went into the back of another driver who was stationary in the road waiting to turn right. At the time I was observing some idiot driver in the rear view mirror, then looked round to see this car in front of me which I then hit on the left hand rear of the car.

Both of us walked away from our cars but the other driver had some blood coming Fromm his mouth and was eventually taken away in ambulance (fully conscious and mobile I might add)

At the scene, no attempt was made to establish my speed, alcohol level or weather or not I was on the phone. Not that any of the latter was an issue but just trying to paint the picture.

Any way, I've now received a court summons for careless driving with a police statement saying "the driver failed to notice the car in front and as a result coursed serious injury and damage to another vehicle.

I pleaded guilty by post within a week of the summons coming through. Based on this, would any one have an idea of the type of sentence I would most likely get?

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Wed 26 Oct 2016 13:00

Careless driving charge - RobJP

If dealt with by Fixed Penalty Notice, usually 3 points and a £100 fine.

If court summons, MUST be 3 to 9 points, entirely at the discretion of the court as to the exact number in that range. The fine can be unlimited (anything up to level 5 on the sacle). Again, the number is at the court's discretion.

I think you'd have been far wiser to have asked BEFORE sending off the forms. If you had done so, I think you'd have been advised to consult a solicitor and appear in person in court on the day.

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Wed 26 Oct 2016 13:35

Careless driving charge - kevin cooper

If dealt with by Fixed Penalty Notice, usually 3 points and a £100 fine.

If court summons, MUST be 3 to 9 points, entirely at the discretion of the court as to the exact number in that range. The fine can be unlimited (anything up to level 5 on the sacle). Again, the number is at the court's discretion.

I think you'd have been far wiser to have asked BEFORE sending off the forms. If you had done so, I think you'd have been advised to consult a solicitor and appear in person in court on the day.

I Did speak to a solicitor provided by my insurance company, who was as much use as a chocolate tea pot.

When I asked how I should plea his advice was, and I quote "I'm not at liberty to advise you on how to plea" (dont get Aviva legal cover, is my advice)

So not being able to afford a solicitor by any other means I figured it would be best to send the forms off with a guilty plea and hope for the early plea discount.

I just wondered if anyone reading this may have been through something similar.

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Wed 26 Oct 2016 13:49

Careless driving charge - Palcouk

If your motor policy includes legal cover any legal person is acting on behalf of the insurance company and not the policy holder, you are better off taking out your own independent legal cover then the legal body is acting for you and not some third party

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Thu 27 Oct 2016 15:19

Careless driving charge - focussed

It's worth having a quick look at your house insurance policy - some include legal cover for all sorts of events,

We were covered for an extremely expensive legal case involving my wife's employer for harassment and defamation.

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Thu 27 Oct 2016 18:01

Careless driving charge - concrete

If, as has been suggested, there is a possibility of up to 9 points and a fine as a penalty, then some legal advice would be advisable. I am just wondering why the CPS has gone for Careless Driving. Rear end shunts are pretty common and the ones I know about just lead to possibly Driving Without Due Care and Attention plus a fine and 3 points, but I am a little out of date. Perhaps DVD could enlighten us as to the inner workings of the CPS and if there is the possibility of approaching them to be more reasonable. That is alright in itself, however the full extent of the crash and the consequences, of which we know little, may dictate otherwise. Worth a try though to try to minimise the charge.

Cheers Concrete

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Thu 27 Oct 2016 20:11

Careless driving charge - RT

If, as has been suggested, there is a possibility of up to 9 points and a fine as a penalty, then some legal advice would be advisable. I am just wondering why the CPS has gone for Careless Driving. Rear end shunts are pretty common and the ones I know about just lead to possibly Driving Without Due Care and Attention plus a fine and 3 points, but I am a little out of date. Perhaps DVD could enlighten us as to the inner workings of the CPS and if there is the possibility of approaching them to be more reasonable. That is alright in itself, however the full extent of the crash and the consequences, of which we know little, may dictate otherwise. Worth a try though to try to minimise the charge.

Cheers Concrete

The Careless Driving charges which don't involve death - CD10 ( Driving without due care and attention), CD20 (Driving without reasonable consideration for other road users) and CD30 (Driving without due care and attention or without reasonable consideration for other road users) - all carry the same 3-9 point penalty

Edited by RT on 27/10/2016 at 20:13

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Fri 28 Oct 2016 13:47

Careless driving charge - Dwight Van Driver

Sorry concrete can only give quickly in dock after stroke
Lost left arm and hand
Rear ending viewed as out and out due care sect 3unlee
Scott' v Warren applies
Modern police policy seems to be only involvement
If injury which resulted in thi shunt

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Fri 28 Oct 2016 15:29

Careless driving charge - FP

DVD - so sorry to hear what I understand as bad news. Hope you can rehabilitate reasonably quickly - I know these things take time.

Look after yourself! Best wishes.

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Fri 28 Oct 2016 17:26

Careless driving charge - concrete

I stand corrected RT. Thanks for the update.

DVD I am so sorry to hear the news about your stroke. I do hope you can recover fully. My father had several strokes over the years and managed to recover very well with a bit of effort and some time. I wish you the very best of luck. Remember if you need anything your friends or family can't provide then we at the forum are willing to help out. Cheers Concrete

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Fri 28 Oct 2016 17:39

Careless driving charge - RobJP

As others, DVD, all the best for your recovery.

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Fri 28 Oct 2016 19:10

Careless driving charge - RT

DVD - shocked to hear your news, hope your recovery goes well.

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Fri 28 Oct 2016 20:13

Careless driving charge - scot22

Let me add my best wishes to you DVD and hopes for a good recovery.

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Sat 29 Oct 2016 22:23

Careless driving charge - martint123

May I add my best wishes for a comprehensive and speedy recovery DVD. Your contributions to this place make essential reading and I look forward to plenty more ;)

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Sat 29 Oct 2016 00:18

Careless driving charge - Avant

All the best, DVD, from all of us on here. Very good of you to take the trouble to post in spite of everything. I do hope you make a steady recovery.

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Sun 6 Nov 2016 21:27

Careless driving charge - monian

and Ditto here DVD

Ian

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Sat 12 Nov 2016 18:54

Careless driving charge - oldroverboy.

I am not sure where you are DVD , but if not too far from Colchester and need a bit of help for hospital appts, am willing to help.

I am sure avant can pass on details.

Get well soon.

I had a few eyesight/blood pressure problems more than 10 years ago but all's well for now.

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