driving without due care and attention

[insometrouble]

hi, im in need of some advice and help, i was involved in a car accident, i was driving around 25 on a normal street, i saw a pot hole on the floor and went to dodge it, as i dodged it and turned to straighten up, my car slid n went straight into the corner of another car, i had slight injuries, i was insured, everything was ok, it was raining at the time but iv got a letter summoning me to court for driving without due care and attention, whats the most that could happen? am i not in a position to defend myself? please help

[Garmard]

Driving without due care and attention is a fine of upto £2,500.

[daftgrandad]

Were the police called ?

[insometrouble]

yeah the police were called

[dothawkes31]

On what aspect of your driving is the 'driving without due care and attention' chareg being based? It was rainging and so you were going below the speed limit for that road, you tried to avoid a hazard in the road, namely the pothole, which you had seen qite clearly. Whilst negotiating the hazard you misjudged the road holding capabilities of your vehicle in the wet conditions and lost control, how is any of that driving without due care and attention?

[factor-fiction]

...not sure Dot, but maybe it's deemed he didn't take sufficient account of the weather conditions, and maybe it would have been better to stop/slow down to avoid the hazard.
I'm not unsympathetic though- most of us have had/nearly had such accidents.

[insometrouble]

thank you Dot, very much appreciated

[New Judge]

The legal definition of Careless Driving is not prescriptive. In general it is taken to mean driving “where the standard falls below that expected of a careful and competent driver.” As a result the question posed by Dot (How was your driving careless?) is not easy to answer.

It could be argued that anybody losing control of their vehicle in the way you did is guilty of the offence. After all, careful and competent drivers should not lose control of their vehicle. However, there are circumstances where hazards present themselves (such as you describe) which could not have reasonably be foreseen, and so a valid defence is available.

Unfortunately the only way to test this out is to plead not guilty in court. Magistrates will then decide whether your driving fell below the required standard and they will base their decision on evidence provided by the prosecution and by you.

The maximum sentence for this offence is a fine of £5,000 (not £2,500). However, from your description this allegation seems to be at the lowest end of seriousness and magistrates’ sentencing guidelines suggest a “starting point” of a fine of half a week’s net income and the imposition of three penalty points. This is for a first time offender pleading Not Guilty and having been found guilty at trial. In addition you would be asked to pay a £15 Victim Surcharge and costs which would probably be around £500. If you decide to plead guilty the fine will be reduced by a third and the costs will be dramatically reduced to about £60. The points and Victim Surcharge will remain the same.

Before deciding whether to plead not guilty you would be wise to seek advice (unless you are prepared to gamble the additional fines and costs against the chance of an acquittal).

[Trotbot]

It may not be a huge help, but a photo of the pothole and the location of the accident may support your case