Undue care and attention

[Lucylocket25]

My partner was recently involved in a car crash (well on November 8th). He was exiting from a minor road onto a main road and a car travelling on the main road went into us. Obviously, the accident was our fault so we accepted liability and the insurance company paid out, etc. Last week - 9 weeks after the accident - we had a call from the police saying that the other driver was satisfied and the police were not pursuing the accident as they believed no offences had been committed. However today, the police contacted my partner again and said he had further questions about the incident. He came round our house and basically said that he was being charged for taking undue care and attention!!! I am so frustrated! The crash was an accident!!! Nobody was hurt, the insurance company has paid up, etc, etc. The consequences of being found guilty of this charge are either points on your license or having to complete a course about road safety. Why is this happening? Has anybody ever been in a similar situation and have any guidance for us? The thing that is so annoying is that we were called a last week to tell us that everything was sorted! Now we have this!!! Please help!!!

[New Judge]

The circumstances you describe will support a charge of careless driving.

[R1Geezer]

It's Due care and attention, undue care and attention would be showing too much care and attention. Anyway this is a recent favourite of plod, pretty well any accident could also be put down to not showing due care so what they are saying is that there is no such thing as an accident. Plead not guilty and normally they go and pick on someone else rather than try and prosecute an uncertain case with all the attendant admin/agro if it does go to court you have to say all that you said above ie you acknowledge blame but you did not see the other car and it was simply and accident. Make sure you also demand the presence of the officer for cross examination, that should just about get them to drop it. Good luck

[voltr4m4x]

Have you been served with a written Notice of Intended Prosecution ? Was that Notice served within 14 days of the alleged incident ?

If the answer to either of these two questions is "No" then plead Not Guilty, for regardless as to who was at fault you cannot be convicted of the offence on the grounds that there has been a "technical omission" by the police.

[Ethel]

No NIP needed:

If there is an accident involving the vehicle in question, of which the driver is aware, then the police do not need to provide a Notice of Intended Prosecution.

http://www.lawontheweb.co.uk/crimertonip.htm

[New Judge]

The Geezer is right in that these prosecutions are becoming more common.

However, if it is prosecuted, your chances of acquital are slim. The wording of the Act says that careless driving is that "which falls below that expected of a careful and competent driver".

Simply, careful and competent drivers do not pull out from a side road into the path of a vehicle travelling on the main road. Similarly they do not collide with the rear of the vehicle in front (and these "accidents" are also seeing an increasing number of prosecutions).

The decision by the CPS whether or not to prosecute will be taken before you enter your plea, so the "inconvenience" you may cause by maintaining your innocence will not influence that decision.

If you are taken to court and maintain a not guilty plea, your sentence if convicted will be higher and you will be liable for prosecution costs of about �250 (instead of about �45 for a guilty plea).