Driving without due care and attention

[denzzzxxx]

Following a accident on the motorway, I am being charged with 'driving without due care and attention.' I was driving down the motorway in the fast lane, when suddenly my car (which is a licenced taxi) veered to the left, unfortunately it struck another car by the back wheel. I suspect mybe a tyre blew out, after my car was inspected for damage repair I spoke to the garage and they said 'part of the knuckle joint was missing.' I asked them, could they put it in writing, they said 'they couldn't possibly say what was the cause of the accident' and refused. I am only allowed 6 points on my licence as a taxi driver. I have been driving for 40 years, and never been in this position before.Should I plead guilty or not guilty. Thanks for any help.

[paraffin]

Hi den:
I understand your concern about the points on your licence, I believe that for this offence you could get 3-9 points which would of course disqualify you if more than 3.

Nevertheless, it's not automatic that you would get points, although it's likely, you may just get a fine.

I'd advise you to plead guilty because the Court's more likely to respect your honesty rather than have someone plead not guilty only to be then convicted. I say that because from what you describe it seems as if you're "banged to rights."

Besides, it's more than possible that you may not be ultimately disqualified anyway if you can show the Court that by doing so would cause you hardship because of the fact that your livelihood depends on you having your licence.

Good luck.

[Oneeyedvic]

For someone who should be a professional driver, you may wish to think about the terminology of "the fast lane" (and definitely not refer to it as such in court).

[New Judge]

You will automatically have points imposed if you are convicted. Magistrates have no discretion unless you can prove that there are "special reasons" for them not to do so. From what you say there are probably no such reasons.

The offence carries a minimum of three points and this is usually imposed in the sort of incident you describe.

I assume that when you say you are only allowed six points as a taxi driver, that the authority issuing your taxi licence imposes this restriction under some sort of bye-law.. There is no such restriction in general law.

[denzzzxxx]

Thanks for your advise everyone, it just confirmed my own thoughts on this matter.