Advice on court appearance please

[Deleted User]

She entered a roundabout and was hit by a vehicle already on the roundabout.

Open and shut case.

andygb

Bedsit_Bob wrote: »

She entered a roundabout and was hit by a vehicle already on the roundabout.

Open and shut case.

Well thanks for that very enlightened comment.

[Deleted User]

I was just summarising the case.

Based on the information supplied, I don't foresee any other verdict.

McKneff

She really would be wasting a lot of her own time and money and a lot of taxpayers money.

The other car was there, she didnt see it, full stop.

I cant see why we are having all this discussion.

Macca83_2

Eh wait a minute. What size of roundabout are we talking about? Where I live the roundabouts are tiny. You can look, see an empty roundabout, go to proceed only to find some plonker has nearly taken the nose of you car off because they've taken the roundabout at speed without slowing to check that no ones on it.

andygb

Macca83 wrote: »

Eh wait a minute. What size of roundabout are we talking about? Where I live the roundabouts are tiny. You can look, see an empty roundabout, go to proceed only to find some plonker has nearly taken the nose of you car off because they've taken the roundabout at speed without slowing to check that no ones on it.

Mmm, it seems like this could be the case.
A very careful driver who has checked to see nothing is coming, and pulls away normally - now looking ahead and to the left to check for newly emerging traffic, suddenly sees a car - too late.

eschaton

andygb wrote: »

Mmm, it seems like this could be the case.
A very careful driver who has checked to see nothing is coming, and pulls away normally - now looking ahead and to the left to check for newly emerging traffic, suddenly sees a car - too late.

You are now pulling at straws. Maybe the driver was just to blame and it was an accident?

zzzLazyDaisy

You say it is her first accident, but does she have any points on her licence for any other offence?

The penalty for driving without due care is 3 - 9 points plus a fine (the magistrates also have the power to make a discretionary disqualification is they feel it appropriate)

If she has a clean record with no points and this was a momentary lapse of concentration, she is probably not going to lose her licence for this offence, however if she instructs a solicitor there is a possibility that they can negotiate with the CPS on her behalf for her to do a driver improvement course instead. Provided she successfully completed the course the charge would be dropped so she would have no conviction for careless driving and no points or fine.

So it might be worth a consultation with a solicitor to see if this is a possibility.

brat

Macca83 wrote: »

Eh wait a minute. What size of roundabout are we talking about? Where I live the roundabouts are tiny. You can look, see an empty roundabout, go to proceed only to find some plonker has nearly taken the nose of you car off because they've taken the roundabout at speed without slowing to check that no ones on it.

Which is why it's always useful to know exactly what the evidence is.
On first analysis, pulling out into the path of a person already 'established' on the roundabout would be a 'due care', but if that person wasn't even visible on the roundabout when you started to pull out, it's a different story.

Some mini roundabouts can encourage drivers to cut them when turning right by either going over the central dome or bypassing it altogether. This can often cause conflict with other parties entering the roundabout from the opposite direction because the car comes into their path too quickly, but the fault lies with the driver who has cut the roundabout.

andygb

zzzLazyDaisy wrote: »

You say it is her first accident, but does she have any points on her licence for any other offence?

The penalty for driving without due care is 3 - 9 points plus a fine (the magistrates also have the power to make a discretionary disqualification is they feel it appropriate)

If she has a clean record with no points and this was a momentary lapse of concentration, she is probably not going to lose her licence for this offence, however if she instructs a solicitor there is a possibility that they can negotiate with the CPS on her behalf for her to do a driver improvement course instead. Provided she successfully completed the course the charge would be dropped so she would have no conviction for careless driving and no points or fine.

So it might be worth a consultation with a solicitor to see if this is a possibility.

Yes, she has a totally clean licence, and has never had any kind of accident, not even a minor scrape or bump.
Thanks for this advice, I will pass it on to her, particularly regarding the bit about legal help.