driving without due care and attention

Hello everybody, I`m in need of some advice. I`ll try to keep it as short as possible.
A dear friend of mine, in his 80`s, is facing court, charges being "driving without due care and attention". He was driving home, at an intersection he pulled out, he says he did not notice the car coming, crashed into it, they basically ended up on the other side of the road. (I was not there, I only read the witness statements) Court documents came, he went on a one day course for training, where he essentially failed. (the instructor he was driving with said that unfortunately he is unable to mark him as passed, because he does not seem to be in full control of the vehicle) He pleaded guilty, expecting a fine, but the court sent another letter, the hearing has been adjourned and a new date booked, and the court is asking him to attend. He asked me to write a letter, like a character reference, saying that he is a good driver etc. I have agreed, however.... I do not want to lie. Because he is a terrible, terrible driver. He is super sensitive about this, I have tried to bring this up after the accident, gently suggesting that it might be time to give up driving for good, but he got really angry, so telling him that again is not an option. Here are the questions: can the court disqualify him permanently? Is the court going to read the letters out loud? Is there a genuine possibility that the court will be influenced by character references? Can I send a letter to the court explaining that I write the reference only because he is a dear friend of mine, but in reality, he should not be on the road?
Thank you for reading, and please excuse the novel.
«1

Comments

  • Whatever you write is likely to make little difference, they already know he is a poor driver from the course he went on, and the instructor is an expert witness. Under the circumstances he is likely to get a ban, which won't be lifted unless he manages to pass a driving test. The magistrate certainly has the power to do that and I hope for the safety of your friend and other road uses that is what happens.
  • unholyangel
    unholyangel Posts: 16,863
    Name Dropper First Post First Anniversary
    Forumite
    I'd write the character reference, and perhaps include some carefully worded parts about how upset he is over the whole affair/the prospect of losing his licence as he relies on the car for xyz but I wouldn't in any way include anything about him being a good driver.

    Are you a driving instructor or someone otherwise qualified to make that assessment?

    If he picks up on the fact you didn't say anything about his driving and you're not qualified, I'd highlight the above to him. Maybe in a joking way or a way that doesn't sound too critical such as "i know i think i'm important but unfortunately my unqualified opinion doesn't count and I'd hate to think I inadvertently said something which affected you negatively. Plus I think it would be better for your defence if someone who is qualified made that statement".

    The fact you think no one qualified will be prepared to make that statement is neither here nor there. :o
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • CKhalvashi
    CKhalvashi Posts: 12,046
    First Anniversary First Post Photogenic Name Dropper
    Forumite
    Whatever you write is likely to make little difference, they already know he is a poor driver from the course he went on, and the instructor is an expert witness. Under the circumstances he is likely to get a ban, which won't be lifted unless he manages to pass a driving test. The magistrate certainly has the power to do that and I hope for the safety of your friend and other road uses that is what happens.

    I have to agree with this. I don't want to sound unduly unreasonably when I type the below, however I'm looking at this from a neutral position with no emotion attached.

    As someone who spends a considerable amount of time on the road every year I feel that the standards of driving need to be monitored on a more regular basis for the purpose of road safety.

    Age and experience doesn't come into it at all as far as I'm concerned if a driver doesn't appear to be in control of the vehicle to a professional. Removing the license from such a person is in the best interests of both that person and the public at large.

    What Unholy Angel posted is worth considering too. I forgot to quote it and my iPad doesn't want to quote parts of it in this post for some reason.
    💙💛 💔
  • angrycrow
    angrycrow Posts: 1,078
    First Anniversary First Post
    Forumite
    At some point we will all get to the point when age and fading reaction times mean we need to give up our licence. Unfortunately your friend has already passed this point but does not want to admit the reality. It is good that you want to support your friend but this needs to be a tough love situation.

    I know from experience of having to confiscate and ultimately sell a family members car because he would not give up driving despite being unfit to do so that it is not an easy position to be in.

    You are in a really difficult position with the character reference and it would be best to decline. Your friends best response to the court is to voluntarily surrender his licence in advance of the magistrates appearance and then pleade guilty and tell the police and cps he has done so. Cps may then drop the case avoiding any fine. Even if cps still proceed the magistrate will take into account that your friend has given up driving when considering the fine.
  • A family friend had to give up driving a number of years ago and at the time he had a fairly new Mondeo. He struck a deal whereby he gave the car to the local (ruralish) taxi firm in exchange for free taxi rides for life. I think he lasted about 5 years before he died.

    Seemed to work well.
  • Writing a letter to court stating someone is a good/careful/courteous driver, when you know they aren’t is likely end badly for yourself - don’t do it.
  • Tanarilla wrote: »
    He asked me to write a letter, like a character reference, saying that he is a good driver etc. I have agreed, however.... I do not want to lie. Because he is a terrible, terrible driver.

    As has been already said what you right with have limited effect on the outcome since they already know that he is a bad driver.

    But if you know he is that bad why would you even consider it, if he was to get his licence back and latter caused another more serious accident how would you feel because you spared his feelings? Him being on the roads is risking his life as well as everyone else's life; perhaps do the right thing instead/
  • Aretnap
    Aretnap Posts: 5,177
    First Anniversary Name Dropper First Post
    Forumite
    Tanarilla wrote: »
    can the court disqualify him permanently?
    In theory a lifetime ban is possible for any driving offence, but in practice they're hardly ever given, even for very serious ones. What's more likely is that the court would impose a ban until passes a new driving test. (He could get a provisional licence in the meantime and take some more lessons or drive with a supervisor, but would have to pass a test to regain a full licence). Of course, if the problem is that his faculties are on the wane and he's unlikely ever to be able to pass a test, as opposed to him just needing a bit of retraining, this would amount to much the same thing as a permanent ban.
  • Stoke
    Stoke Posts: 3,182 Forumite
    I have no idea how courts work and magistrates etc, but if I remember rightly (perhaps i've watched too much CSI Stoke on Trent), they don't usually read out letters? The letter will be passed to the three magistrates who will read it quietly between them.

    I would make the letter neutral. Explain how devastated he is. Explain he's a good citizen, and he does one day a week down the food bank (don't lie, but if he does do anything for charity, include it!!).

    The reality is though, he's up for a ban, and rightly so I'm afraid. Cars don't come from nowhere, unless it's pitch black and their lights aren't switched on. Compassion can only go so far. If your friend had injured or killed someone, he would be facing jail. At his age, he has limited options. He either gets himself up to standard, or gives it up.

    Rather than recommend he quits, you could suggest he starts driving an automatic for example. One less thing for him to think about and that sounds so cruel, but having heard my father talk about when my grandmother took him out for a drive.... gear changes was seemingly something she struggled with..... oh and it was the last time she ever drove. He'll still need to get himself up to scratch though and it's a lot of work i would imagine at his age.
  • Mojisola
    Mojisola Posts: 35,551
    Name Dropper First Post First Anniversary
    Forumite
    Tanarilla wrote: »
    He asked me to write a letter, like a character reference, saying that he is a good driver etc. I have agreed, however.... I do not want to lie. Because he is a terrible, terrible driver.
    But if you know he is that bad why would you even consider it, if he was to get his licence back and latter caused another more serious accident how would you feel because you spared his feelings? Him being on the roads is risking his life as well as everyone else's life; perhaps do the right thing instead/

    I second this ^

    You should be honest with him and say you aren't prepared to lie to a court.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards