driving without due care and attention
Comments
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The penalty for any offence is well defined - for a relatively minor collision and a DWDC&A/Careless Driving charge, then he'll almost certainly "just" get a fine and a few points. For a serious case, they could disqualify, but they can't impose an indefinite ban. If the charge was Dangerous Driving, then he would not only have a minimum 12mo ban, but would have to pass an extended driving test to get his licence back.
https://www.sentencingcouncil.org.uk/offences/item/careless-driving-drive-without-due-care-and-attention-revised-2017/
His insurer will do a lot of the rest of the work - 80s, fresh at-fault collision leading to a DWDC&A conviction... That's going to shove his premium through the roof, if they'll still cover him.
The suggestion to move him to an automatic won't help, though, if he simply didn't see the vehicle he drove into. Is his eyesight up to driving? Or is it his attention?
As far as the letter goes - you've been asked to give a character reference. Be honest. You do not have to give the WHOLE truth, though. If you do not feel comfortable saying he's a good driver, then don't. You do not have to say he's a terrible driver, though.
"I have known Mr X since 1843, and can confirm that he is of good character. He is involved in charitable works, and I would count him as a close friend."
Leave it at that. Let them fill the blanks in.0 -
Not really - the guidelines you link to are just guidelines, and are not intended to be applied mechanically to all cases. One type of case where the magistrates will commonly deviate from them if where it appears that the offence relates to an overarching lack of competence on the part of the driver, as opposed to an act of carelessness or bad judgement, or even disrespect for the law. It's not at all uncommon for people in the OP's friend's position to be disqualified until a test is passed, even for offences which are fairly minor in their own right. And the guidelines do allow for thisThe penalty for any offence is well defined - for a relatively minor collision and a DWDC&A/Careless Driving charge, then he'll almost certainly "just" get a fine and a few points.Sentencing_guidelines wrote:The discretion to order a re-test is likely to be exercised where there is evidence of inexperience, incompetence or infirmity...
If by indefinite you mean until a test is passed then as above they are actually fairly common. If you mean they can't impose a lifetime ban then they can in theory - there is no statutory limit on the length of ban which can be imposed for any offence. However in practice lifetime bans are rarely given, though they do exist. (Link, link)For a serious case, they could disqualify, but they can't impose an indefinite ban.0 -
A letter from a friend will carry little weight from the magistrates. The incident is a matter of fact which has been determined.
As this has gone to court, for what would often appear to be a fixed penalty offence, it would appear to be the case that the police considered it marginal as to whether it was dangerous driving and felt that the normal fine was not sufficient.
I'm confused as to the driving test though. If this hasn't gone to court, then there isn't anyone who can impose a test - did he consult a solicitor who recommended it? If he has been to court already and found guilty. have they deferred sentencing based on the outcome of an assessment?
In terms of sentencing, again your letter would carry little weight, and would be unlikely to be a problem, but misleading the court is a criminal action. To be honest, I would risk his wrath and tell him that you cannot write to the court a dishonest letter and that you believe he is unsafe to drive. I would also refuse to get in a car with him.
My dad had a diabetes related accident. I pointed out the economics of taxis and he had a lot of friends who were more than happy to return decades of favours so it was not a problem.0 -
Not really - the guidelines you link to are just guidelines, and are not intended to be applied mechanically to all cases.
Oh, absolutely.It's not at all uncommon for people in the OP's friend's position to be disqualified until a test is passed, even for offences which are fairly minor in their own right. And the guidelines do allow for this
Ah, furry muff. I didn't realise a discretionary re-test could be ordered for anything endorsable. Let's hope that applies here.0 -
Assuming he has had a lifetime of driving manual cars adapting to an automatic now would add to his problems.
Rather than recommend he quits, you could suggest he starts driving an automatic for example.
OP, If you write the letter word it to emphasise he was a good driver and that you are not really qualified to judge.
This may have gone to court because he has refused to stop driving. Can a court revoke his licence until he re-takes a driving test?0 -
Norman_Castle wrote: »Assuming he has had a lifetime of driving manual cars adapting to an automatic now would add to his problems.
OP, If you write the letter word it to emphasise he was a good driver and that you are not really qualified to judge.
This may have gone to court because he has refused to stop driving. Can a court revoke his licence until he re-takes a driving test?
Surely not? Automatics are so easy to drive?0 -
Surely not? Automatics are so easy to drive?
They are easy, but different and at the age of the OP's friend, the change is likely to lead to further problems. I'm only 50, but nearly caused a crash when I drove my first auto as when slowing for a turn I tried to dip the 'clutch' only to press the brake pedal and make an emergency stop as the slowing car forced my foot on the pedal even harder. Luckily, nothing was behind me🙂0 -
How many people have runaway car accidents? It is a classic very old driver scenario, press the accelerator instead of the brake and haven't got the reactions and mental acuity to correct their mistake. Tends to be less of a problem in a manual because naturally in an emergency stop you instinctively hit the clutch as well.Surely not? Automatics are so easy to drive?
Locally, a little old man took out a lamppost and nearly hit a couple of cars exiting a car wash at full throttle - across the forecourt, road and hit the other side next to a bus stop. Two severely injured in the car, it could have been several dead.
Typically, they believe that the accelerator jammed - but quite a few cars cut the fuel if you press the brake (my VW did for example).0
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