Careless driving charge - pls help

[gavva1]

I received a summons for a careless driving charge, which is due to be heard this weds. It relates to an incident last November, where I was speeding & did a stupid undertake-overtake on a dual carriageway. I was subsequently pulled by a Traffic car, who had video'd the whole stupid incident on an ANPR camera.

 

I've been charged with "due care & attention", with the speed tacked on as aggravating - the speed mentioned in the coppers' statement is "in the region of between 100-115mph".This is not VASCAR, but ANPR - Now I intend to plead guilty by post, the charge mentions "this offence carries penalty points".

 

I'm aware this could be a lot worse, but I can't afford a solicitor, & would appreciate any help with my statement. The copper's statement basically explains that he observed me join the carriageway, & accelerate at speed. He then mentions the above paragraph's range of estimated speed, then documents the undertake of a vehicle in lane 2, & then overtake of a LGV sightly further ahead in Lane 1.

 

I really don't have much excuse for the driving, I am mentioning my previous good character, clean driving record, & lengthy NCB etc. Here's my intended response:

 

Statement

 

On (date removed) 2012 I was driving along *** Road, towards the A**. The road conditions were dry, & the temperature mild.

On joining the carriageway, I unwisely accelerated, & inadvertently exceeded the posted limit for a short period.

 

As I proceeded over the ***** Bridge, I approached a vehicle in Lane 2, which was about to overtake an LGV ahead in lane 1. I adjusted my speed to match the vehicle in lane 2, which I estimate to be 60mph. I decided to pass this vehicle in Lane 1, this maneuver was executed within the posted limit.

 

I Then left the A** at the ******* Junction, when a following traffic Police car illuminated it's blue lights & sirens. I immediately pulled in.

 

At no point did my actions cause any other road user to adjust their position. I was in full control of the vehicle at all times. I accept this was the wrong thing to do, & I regret my actions on this evening.

 

I have been driving for 17 years, & have driven many hundreds of thousands of miles. I have a clean license, 17 years' No Claims Bonus, & I'm normally a careful, considerate driver.

 

Now, this was a stupid lapse of judgement, I had been tailgated just prior to this & was p***d off about it, & drive stupidly for a brief time afterwards. I genuinely do regret it. I've had advice from another forum suggesting I leave that out, as it's not good mitigation, but I have NOTHING else. Any help much appreciated

[gavva1]

Just a bit more info - it was 9.30 pm, late last year - so it was dark. The 2-lane dual carriageway was very light from a traffic point of view.

[ploddertom]

Moved to Speeding & Motoring Offences

[sailor sam]

So you are going to admit to 'approaching a vehicle in lane 2 which you knew was about to overtake a LGV in lane 1' but yet you still decided to undertake the vehicle in lane 2? Depending on how this was captured on the police car's camera, I would of thought that was a tad reckless than anything else. I also think that you should not use the tailgating bit as mitigation. That does not excuse your bad driving and be not relevant to your defense.

 

I would of thought that you would do better at attending court. BUT be warned, if they take your alleged speed into account (100 to 115) you may find yourself catching the bus home from court.

 

There are a few solicitors who will give you free advice online. Here is one which details the potential bad news;

 

http://www.cainandcochran.co.uk/index.php/services/motoring-offences/careless-drivin?gclid=CK2ciuv_zLYCFS7KtAod-HgAMQ

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[postggj]

If the copper booked you doing over 100 miles an hour

 

Pleading guilty by post is not an option as a magistrate will revoke your licence

 

You need to appear as directed in court

 

Your actions could be interpreted as gross negligence and lucky no one was killed or injured, including yourself.

 

Be it the reasoning was subjective or objective, it cannot be excused

Edited April 15, 2013 by squaddie

[renegadeimp]

Agree with the above. You need to turn up and be VERY VERY apologetic and also be ready to not have your licence back when you leave court. You are pleading guilty to all of the above, so a full ban which could be lengthy, hefty fine is pretty much inevitable.

 

If you choose not to show up and you dont have a very good reason ( such as you are on your death bed), a warrant will most likely be issued for your arrest and then things get a whole lot worse.

[gavva1]

Thanks for the replies, I'm well aware of how stupid the incident was, & how bad the range of available punishments are. Sailor sam - the vehicle in Lane 2 wasn't particularly close to, or making progress on, the vehicle in Lane 1. I would estimate perhaps 30 yards between them. I just spoke to cain & cochran, but the fee, I simply don't have the bank balance for it - Looks like I'll have to go this one alone.

 

 

does anybody have any advice or resources for conducting yourself well in court?

[postggj]

Apologise, sir or madam, plead guilty, and wear a shirt and tie

[Kiki1]

And get your hair cut (no ponytail either)

[gavva1]

Do these events go on for very long, bearing in mind there's no trial as such?

[renegadeimp]

Thanks for the replies, I'm well aware of how stupid the incident was, & how bad the range of available punishments are. Sailor sam - the vehicle in Lane 2 wasn't particularly close to, or making progress on, the vehicle in Lane 1. I would estimate perhaps 30 yards between them. I just spoke to cain & cochran, but the fee, I simply don't have the bank balance for it - Looks like I'll have to go this one alone.

 

 

does anybody have any advice or resources for conducting yourself well in court?

 

There is no justification for what you have done. If you try these excuses in court, they will come down on you hard.

[sailor sam]

Thanks for the replies, I'm well aware of how stupid the incident was, & how bad the range of available punishments are. Sailor sam - the vehicle in Lane 2 wasn't particularly close to, or making progress on, the vehicle in Lane 1. I would estimate perhaps 30 yards between them. I just spoke to cain & cochran, but the fee, I simply don't have the bank balance for it - Looks like I'll have to go this one alone.

 

 

does anybody have any advice or resources for conducting yourself well in court?

 

You under took at +60 mph in a gap of 30 yards? I wouldn't shout about that in court if I were you. Think about it; that means that would put you at (at best) 15 yards behind the vehicle in lane 1 to complete the maneuver! No wonder you were pulled.

 

Not sure it will help but I think you should try and find a solicitor who will give you a free 30 minute consultation to answer your above questions. Not sure that on the day a solicitor will help though.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[renegadeimp]

You under took at +60 mph in a gap of 30 yards? I wouldn't shout about that in court if I were you. Think about it; that means that would put you at (at best) 15 yards behind the vehicle in lane 1 to complete the maneuver! No wonder you were pulled.

 

Not sure it will help but I think you should try and find a solicitor who will give you a free 30 minute consultation to answer your above questions. Not sure that on the day a solicitor will help though.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

 

Yup. If you get off this without a lengthy ban and/or a hefty fine, you are very very VERY lucky.

 

100+ mph is 99% an instant year (s) ban coupled with a fine. If you have an amazing solicitor they might be able to get you off the hook, but unless you are very rich or famous, you need to be ready to hand over your licence in the courtroom.

[postggj]

i take it he does not play for Manchester city then ?

[BanditQueen]

You can get the duty solicitor on the day at the court or a no win no fee one, or do you qualify for legal help? In any event you do not need a solicitor as you are pleading guilty. You are also guilty of careless driving or driving without due care and attention. Stop wasting the justice systems time and public money. You should not have been speeding, so own fault, you should not have undertaken, could have killed a person coming off the pavement or hit someone, or killed a child. If you were going 100 miles an hour, shame on you. If you were doing more than 40 shame on you. Have got no sympathy for you. Hope you have learned your lesson and that you accept your due punishment with grace. Then mend your ways and do not do it again and move on. Lesson learned. End off

[BanditQueen]

Thanks for the replies, I'm well aware of how stupid the incident was, & how bad the range of available punishments are. Sailor sam - the vehicle in Lane 2 wasn't particularly close to, or making progress on, the vehicle in Lane 1. I would estimate perhaps 30 yards between them. I just spoke to cain & cochran, but the fee, I simply don't have the bank balance for it - Looks like I'll have to go this one alone.

 

 

does anybody have any advice or resources for conducting yourself well in court?

Tough! Should not have driven like a maniac then. If you to the court early you can get a free solicitor on duty. I am sorry, but you only have yourself to blame! You should have thought about this before speeding at plus 100 miles an hour and undertaking at 60 miles an hour. Just what if you had killed someone? What you did was dangerous and you are getting off lightly. You could be done for dangerous driving. You are going to lose your license in any event so you will save money by selling your car as you cannot drive it while you are banned. The duty solicitor will tell you the same and so will anyone. Stop blabbing and wasting time. Plead guilty and throw yourself on the mercy of the court. That is all you can do. Sorry, but this is your own stupid fault. You do not need a solicitor: you need to own up and be honest. Then they court may have some compassion, but I doubt it.

[T.C.]

It is not the fact that you undertook that has dropped you in it, it is the fact that you undertook in lane 2 at speed and then shot into lane 1 again at speed.

 

There is no specific offence of nearside overtake (undertake) as it was removed from the statute books with the introduction of the 1972 Road Traffic Act, so given your actions coupled with your speed, they have to prove careless driving which means that the prosecution has to prove that your standard of driving fell well below that expected of a reasonably safe and competent driver.

 

Had you carried out single vehicle nearside undertake at a reasonable speed you would have got away with it, but your speed was the aggravating factor which is sufficient to convict you for the careless driving offence (section 3 RTA 1988), which to be honest is a result because I have seen people convicted of (and I have booked people myself) for the section 2 offence of Dangerous Driving in a very similar situation to yours.

 

As mentioned, go to court in person and speak to the duty solicitor because depending on what area you are, and which court you appear at, you could well be looking at a ban.

[renegadeimp]

The speed and the fact that they undertook dangerously would be the deciding factor. As i said, the OP would be very lucky to get away with this.

[Horsen]

i take it he does not play for Manchester city then ?

 

Hi squadddie. Its Manu who get away with it. City have had three players banned this last month alone. The team bus takes hours dropping them off after the match!!!

[BanditQueen]

Hi squadddie. Its Manu who get away with it. City have had three players banned this last month alone. The team bus takes hours dropping them off after the match!!!

 

Hi Horsen, what a ridiculous statement! Morons like you should be banned from this site let alone the driver from the road. This is not a laughing matter. This dumb ass could have killed someone. i know your tasteless joke is in reference to the driving while banned affair with Tevez but that was their idiot being done for a much lesser offense of driving while banned: it only brings a fine or community service. The initial offense of drink driving gave him a ban the same as everyone else. I suggest that idiots like you keep your idiot jokes to yourself and realise the gravity of this case. An idiot is speeding and undertaking at speed and abusing a consumer site by asking for help to get them off. They should just own up, confess up and stop wasting the courts time. They should also use the duty solicitor on the day if they need legal help or get someone to do a two hour service for them for nothing. You do not need a solicitor if you are going to plead guilty to this crime: you need to speak up and be honest, not make excuses and apologise. Only then may the courts be compassionate. I have no time for speeders of this nature. It is not as if it is a case of doing 35 in a 30 zone: they were doing in excess of 90! The sooner morons like this are off our roads the better. And idiots like you only encourage them.

[citizenkain]

well said bandit queen,hopefully this moron will soon be off the streets!

[BanditQueen]

The only way to conduct yourself in court is with honesty and respect. Do not use any excuses and just tell them the truth and apologise. Do not insult the other drivers by calling them names, be respectful and admit that you made a mistake, well a couple of mistakes actually. Just own up and say you are very sorry. You may get a heavy fine but you may also escape imprisonment if you are honest and humble. if you own the problem and apologise and take full responsibility then the court will have some compassion and be lenient. This is not a fine for not having a TV license: you drove a car, a weapon at hight speed and undertook dangerously. You could have crashed and killed yourself or someone else. The sooner you accept the gravity of what you did and admit it to yourself, the duty solicitor and the court, the better. I assume that you are sorry and upset, which is good, but there is no reason why you cannot face the court yourself and just make a statement. Ask that as a plea of guilty that a statement of responsibility be entered into the record. Accept full responsibility, apologise, state that you intend to reform, accept a driving rehabilitation course as part of the punishment, and that you have learned a valuable lesson. What you did was foolish and you realise that someone could have been seriously hurt, but you have taken that on board and ask the court to help you to do better in future. They have ways of doing this as part of the ban. They can send you on a course instead of to prison: take it if they offer this. Again, do not make any excuse, just apologise and ask the courts indulgence. It may sound like crawling, but five minutes of humble pie is nothing and life is too short to be too proud to admit you are wrong. The court has a range of things that they can consider. They are more likely to consider the less draconian ones if you are sorry and responsible and willing to change. Learn from this experience and do not repeat it in future: it is not smart and next time, they will throw the book at you. If you have no money to pay any fine then you can ask the court for time to pay and make sure they have a detailed income and expenditure form with your plea form. If they allow you time, thank them, consider yourself lucky and move on: but for heavens sake stick to the payment arrangements. And if you have any religious conviction, can I suggest you get yourself shriven before going to court: trust me, it will help.

[Aretnap]

You may get a heavy fine but you may also escape imprisonment if you are honest and humble... They can send you on a course instead of to prison: take it if they offer this.

You can't go to prison for DWDCA. The court also can't offer a course - that's an alternative to prosecution, not an outcome of prosecution. The OP will get a fine, and either points or a ban.

[renegadeimp]

Depends on their previous history. They may not get a custodial sentence but may get a suspended one.

[renegadeimp]

Hi Horsen, what a ridiculous statement! Morons like you should be banned from this site let alone the driver from the road. This is not a laughing matter. This dumb ass could have killed someone. i know your tasteless joke is in reference to the driving while banned affair with Tevez but that was their idiot being done for a much lesser offense of driving while banned: it only brings a fine or community service. The initial offense of drink driving gave him a ban the same as everyone else. I suggest that idiots like you keep your idiot jokes to yourself and realise the gravity of this case. An idiot is speeding and undertaking at speed and abusing a consumer site by asking for help to get them off. They should just own up, confess up and stop wasting the courts time. They should also use the duty solicitor on the day if they need legal help or get someone to do a two hour service for them for nothing. You do not need a solicitor if you are going to plead guilty to this crime: you need to speak up and be honest, not make excuses and apologise. Only then may the courts be compassionate. I have no time for speeders of this nature. It is not as if it is a case of doing 35 in a 30 zone: they were doing in excess of 90! The sooner morons like this are off our roads the better. And idiots like you only encourage them.

 

Woah there. Calm down. No need to lower yourself to personal attacks.