driving without due care and attention - what should i do

[deanh1981]

basically I reversed out of a parking bay in a work van and unfortunately hit an old lady causing head injuries - she is thankfully ok which is the main thing

they are charging me with driving without due care and attention -should i plead guilty or not I have 6 points already 3 for speeding and 3 for using my phone while driving

I lost my job before xmas and am currently claiming job seekers and housing benefits and im going bankrupt next week so I am really going to struggle with any kind of fine

they are saying i should have seen her, i know I looked in my mirrors and didnt otherwise i wouldnt have reversed obviously, what should i do guilty or not guilty?

any help much appreciated

[bednobs]

if you don't work, why were you in a works van?
I can't really see what the benefit of pleading not guilty would be seeing as there is no doubt you are

[Canary42]

In some respects you're lucky it's such a light charge - I don't think you will gain anything by pleading not guilty (except a bigger fine).

[Kristal53]

well you were guilty of driving without due care and attention so its pointless pleading not guilty -this would just make your fine bigger. If you are on job-seekers and are going bankrupt they will probably insist you go on a driving course and maybe do community service instead of a fine.

[deanh1981]

Why am I automatically guilty I know I looked in my mirrors and didn't see her or am I never going to win this argument as the law will see me as guilty no matter what?

[deanh1981]

Yes a work van as this happened in october and I lost my job in december - don't judge me you don't know me

[Kristal53]

OP - you are guilty of not paying attention - if you had looked properly in the mirror and all around you you would have seen the woman -unless she was a midget perhaps? I'm not saying you meant to do it - that would be a very different charge -but you cannot deny that you momentarily lost your concentration and knocked down this woman - obviously you stayed at the scene and there were witnesses. Its a bit like a drunk in charge offence - you might not feel drunk after three pints but you will get done for drunk driving if caught -even if you feel you were'nt drunk -same thing here -in the eyes of the law you did not pay enough attention -best off pleading guilty even if you think you did everything possible to avoid the woman - not judging you just giving advice

[deanh1981]

Thank you that's the kind of answer I was hoping for not to be judged by people I don't know

[AB Editor]

Good afternoon Deanh, please don't take the rude comments as a representative sample of the AnswerBank.

"Please also refrain from being rude, abusive or judgemental - users come here for advice, not judgement. "

I will ban the next person who can't help, doesn't know the answer but decides to post from their high-horse regardless.

[bednobs]

the reason the law will see you as guilty is because you are. If you were paying due care and attention, i presume you would have not knocked her over. I really don't think (as i said before) that there is any mileage in pleading not guilty, since by knocking her over (which you admit you did) you are proving you weren't paying enough attention

[boxtops]

If you hit someone in a car park (nightmare place) it means you reversed out without checking all round - you can't have seen this lady otherwise you wouldn't have hit her. People do wander behind reversing cars, particularly in supermarket car parks. I don't think you can plead not guilty, you hit her.

[joko]

" I know I looked in my mirrors and didn't see her " - exactly.
you didn't see her - but she WAS there...
so you cannot have looked properly or often enough... because if you had you would have seen her... she was not invisible... she was there where you say you looked ...
so i am afraid the court will just say you should have seen her ...
they will NEVER accept you just saying you KNOW you looked... and if you plead not guilty it will just look like you are lying... because regardless of whether you looked in your mirrors or not, the fact is - you DID hit her...

she very probably did just step out unexpectedly behind you, pedestrians do it all the time in car parks and it is very annoying...but you are supposed to expect they might and that's why you have to creep out very slowly watching and checking constantly...
plead guilty and take the hopefully lesser fine.