Driving without due care and attention!
In July last year i was in a accident when changing lanes and someone hitting into me and fliping on its side.. the insurance have been fighting it out since then as there were reports that she lost control before the accident and i beleive that she was speeding!
anyway the other day i recieved a call from the police to come down and answer some questions and i thought nothing of it as my insurance requested the police report so i thought it was to do with that..
The woman said on the phone she had to caution me to answer questions so i asked if i was being cautioned for anything like dangerous driving and she said no nothing like that.
so i went along by msyelf (im 18 btw) and answered the questions and it was all very casual.. at the end she said i was now being reported for "driving without due care and attention" and would go to court and see who is to blame! and now im really worried! the policeman at the scene said the police would not be taking it further and it was down to the insurance and now 7 months on they have done this.. are they allowed? and also do you think i could complain about the way they went about it?
also i have 3 points on my license so im very scared that i might lose my license all for something that may not be my fault!
and do you think i will be able to win with me basically being at fault for changing lanes? but my arguement being she was speeding. with only me and my friend as a witness! and no proof!
any advice or thoughts much apprecaited and if u want any more information let me know
These are all thoughts (not information as I am no legal expert).
Originally Posted by biscuit90
I believe they are allowed to do that...perhaps they have found new evidence or something has been noticed that was noticed at the time.
As for who is at fault, I believe the onus is on the person changing lanes, so you in this case. Even if she was speeding (which is of course wrong and illegal), you should have let her go passt before changing lanes. The people against you will probably say you either (a) changed lanes too close in front of her, making a collision unavoidable, or (b) failed to see her which would mean you did not make basic observations - either of which may be just cause for a prosecution for driving without due care and attention.
If she was indeed speeding, you have my sympathy to an extent because it is not right that she is doing something illegal and dangerous but being treated as a complete innocent victim. It is similar to when you hit an illegally or dangerously parked car and are treated as 100% guilty even though the person who parked the car in a stupid place was hugely negligent and causing a danger and deserves to be punished.
What is the other person involved in the accident saying? Are they telling the truth? If they have suddenly changed their statement you may have a chance as they obviously have something to hide.
Hope it goes OK anyway and that justice is served correctly.
Last edited by 98selitb; 22-01-09 at 00:35.
You need legal advice. It is my understanding that this offence requires you to be served with a written Notice of Intended Prosecution (NIP) within 14 days of the offence. Or verbally at the time.
From what you say, the police at the scene did not say to you, 'You have committed an offence of careless driving. I am reporting you for consideration of the question of prosecuting you for this offence.'
You can get free legal advice from Citizens Advice Bureau or go to a solicitor specialising in motoring law and get a fixed fee (£5) interview.
Or type, notice of intended prosecution into Google and all your questions are answered.
Driving without due care and attention is 3 to 9 points.So as you have 3 points already it would take you up to or over the 6 points rule.
Originally Posted by biscuit90
The fact you changed lane and another car crashed into you does seem to put you at blame especially as you only beleive she was speeding ie you have no proof.
Was you ever cautioned at the scene or shortly after that you may be prosecuted.
Also what is the date in july this happened?
Ref Hometune (quote thing is not working for some reason)
You need legal advice. It is my understanding that this offence requires you to be served with a written Notice of Intended Prosecution (NIP) within 14 days of the offence. Or verbally at the time
This is what i do not understand either.You should be served with a nip within 14 days unless verbal nip issued at the scene.Then it should be processed and a court date issued within 6 months although there can be cases where it is issued outside of the 6 months as far as i know
You need to see what was written down by everyone at the scene (other driver, witnesses and police). I don't know how easy it is to get such information from the police, because they use all kinds of excuses like the data protection act. You may need the help of a solicitor to extract the information.
However, if you go to the police station and ask if they have any intention to accuse you of any offence, then I cannot see how they can refuse to answer that.
Also, whilst they may hold back information given by others, they must confirm any NIP they are holding against you.
Thanks for your help people!
It was the 23rd July. Does this make a difference?
And as i said at the scene the officer said "we are not taking it any further its for the insurance to fight it out" and also i asked yesterday if they had any eye-witnesses and they said only from after the crash and they didnt see it happen.
The only guess I can make is that an independent witness has materialized. The Police and Court Services would not fight an 'unwinnable' case with no evidence.
If a witness had later materialised, I would want to know how long after the incident this was, as it could greatly redice their clear recollections of what happened.
If they saw fit to only come forward at a much later date, then they could not have treated the matter with any serious assessment of what they actually saw at the time.