Motoring Offence - Driving without due care and attention.

[Linzikc]

Hi all,

I am hoping for a bit of advice. Lucky me got a summons to appear in court charged with 'driving without due care and attention'. Description of the accident is as follows;

It had been raining heavily but had just stopped. I was on a slip road joining onto a dual carriageway when as I turned my wheel slightly to the right to join the carriageway (the road was clear of traffic behind) I did not notice the puddle in front and my car turned in the opposite direction. I span accross the DC colliding with one car ahead but thankfully no others. (my friends who were in the car with me called it aqua-plaining?) The car I hit had no damages and no-one was hurt. My car needed repair.

Also, when the policewoman arrived she stated that there had been another accident at the same time as mine higher up on the slip road. Apparently there had been a diesel spill and someone went spinning over it!!

I believe having just travelled over that same spot that I had diesel on my tyres and this mixed with the puddle I drove over contributed to the accident.

I am a 25 year old female. My car is used for social use only, it is fully serviced every year and i've never so much as had a speeding fine or parking ticket. I am a safe driver and do not believe I deserve this charge?

Should I consult a lawyer? Does anyone have any advice or opinion?

P.s. The summons was also sent to the wrong address. Number 3a (I live at 39). What exactly would have happened if my neighbour had not passed it on????



Thanks

[Loosehead]

depends on how you get on with speaking up in public, that sort of thing. Personally I'd plead not guilty and site the reasons above. You'll get every chance to speak up in court. Plod love to try and bully people with the "due care" charge for just about anything. It often evaporates when they realise they will have to go to court etc. It's only worth a lawyer if they have the potential to get you off, they do and it may well be worth it but the fees may well be worse than the fine if found guilty. You may get a slightly worse punishment if found guilty having pleaded not guilty but in this case I think the whole thing will evaporate once you plead "not guilty". Make sure you tell them about the diesel spill bit.

[Linzikc]

Thanks for your advice. I really feel as tho they see me as an easy target! My problem is I don't want to fork out for a solicitor, their fees will be lots more than any fine!! If I am found not guilty will my costs be recoverable?

[Loosehead]

you will probably get costs but that's up to the beak. Just plead not guilty and fight it yourself. The fine will not be much more if you are found guilty.