Driving without due care and attention

[paddybuggy]

I was driving my two young children home at 3pm 3 weeks ago. We were travelling on the A30 round the Basingstoke ring road. I was following the traffic and not speeding. My daughter in the back said that she had a sore throat, and my son then said he did too. I looked round at them for a split second, and during that time the traffic in front of me must have stopped as I carshed into the car in front who then went in the car in front of him. All the emergency services were called as the man in front had hurt his arm. They ended up cutting him out of the car as he was shocked and they could not determine his injuries. When I checked him after the carsh he was not wearing his seat belt and he said he had just taken it off - I don't know if that was before of after I hit him. He ended up with a broken arm and is obviously now claiming damages from my insurers. I accepted responsibility for the crash and told the police at the scene what happened. They now want me to attend a voluntary interview (taped and under caution) to give my side of the events. What will the charge of driving without due care and attention mean to me (I have 3 points from 02/09/06 and 3 points from 28/01/05). Should I go to the interview or will I make it worse. Do I need a solicitor?

[TWR]

This must be new one I have never heard of this before, get a 5 min session with a solicitor for advice regards this interview, you will get done for driving without due care & attention whether or not, with respect I have travelled the Ring Road myself in my previous work & the road is fast with not so many stopping places for you to see to your children, the sore throat will not help in your case I am sorry to say.

[paraffin]

Hi paddy:

Sorry to hear of your unfortunate experience. Most of us have "been there" at one time or another.

Anyway, the offence can carry a fine plus between 3-9 penalty points.

I'd seek urgent legal advice - why not contact your local Citizens Advice Bureau - they can provide free advice.

Attending the Police Station for interview, although daunting, is not as terrible as it seems. The Police are not "out to get you", they have a job to do to gather evidence and information and you would be well advised to attend. If not, you could find yourself being arrested and taken there.

During the interview you would be verbally cautioned, meaning you have the choice to answer questions or not, you will be advised that you are not under arrest and are free to leave at any time, however as I've already stated, my guess is that if you wanted to do so you'd probably be arrested and detained anyway, hence a cache 22 situation.

At the end of the interview you'd be advised as to what else will happen, i.e. you may be reported for summons for an offence. And in all probability you'd have your antecedents(fingerprints, DNA etc)taken. Apart from that, not a lot!

Hope this helps. Good luck.

[1rovert]

I'd like to know why your children didn't tell you when you picked them up. And why look round, you had no reason to, did you expect to see their sore throats? You took your eyes off the road.

There was an advert on TV, where the woman driver was killed, and it blames the son who wasn't wearing his seat belt. But in fact it was her own fault for taking her eyes off the road.

You could have pulled over.

I hope they go leanient with you, and yes I've done it myself, but luckely no accident.

[Buenchico]

Paraffin has answered most of your question but nobody seems to have pointed out that you've only got 3 valid points on your licence, not 6. Points only count for 'totting up' purposes for three years (so those you acquired in 2005 are already 'dead').

Chris