Driving without due care and attention.

gc1967

Hello I am writing this on behalf of my 17 year old son who turns 18 in August.
My son had quite a few driving lessons and sailed through his theory test and his driving test.
We bought him a 1.2 corsa as he never wanted to be labelled a boy racer.
I have been driving for 30 years and dont like being the passenger.
My son has only been driving for 2 months and I have to say I felt very safe as his passenger when I have been out with him.
As my son was returning home from 6th form at lunchtime about a week after he passed his test an animal ran out from his left side and he swerved to miss it thus leading to him veering across the road and coming to a stand still when hitting the curb.
This happened approximately 4 weeks ago and today he received a letter from the Police/camera department Stevenage stating driving without due care and attention.
We have visited the area and there is a doomed shaped camera up the road that has obviously recorded this but he wasn't speeding as no mention of speeding on the letter.
No other vehicles were involved and no people were on the street areas, luckily he was fine.
How come it has taken the police so long to get in touch, and I was always led to believe police only get involved if other vehicles are involved.
Obviously my son is totally shocked by this and is worried his licence will be taken away.
This is an instant reaction and I would say 90% of drivers would have done the same thing.
If anyone could give advice on what to do or what is likely to happen it would be much appreciated.
Regards

AndyMc.....

How long has he had the car?
Is he the registered keeper?

Unless they are saying there was an accident the nip needs to be served within 14 days.

TadleyBaggie

AndyMc..... wrote: »

Unless they are saying there was an accident the nip needs to be served within 14 days.

Sounds like an accident occurred to me, albeit no one else was involved.

DaveF327

"a letter stating driving without due care".. was this a notice of intended prosecution? an invitation to interview? a summons? a fixed penalty notice? We need more information before we can advise properly.

A notice of intended prosecution has to be served within 14 days of the offence. If this is not complied with, "a person shall not be convicted of an offence".

Retrogamer

Surely if the police are looking to charge him due to this, then the animal he claims made him loss control will be shown on the video footage also?

AndyMc.....

TadleyBaggie wrote: »

Sounds like an accident occurred to me, albeit no one else was involved.

Really?

I see no mention of injury or damage, we don't even know what the animal was.

AndyMc.....

DaveF327 wrote: »

"a letter stating driving without due care".. was this a notice of intended prosecution? an invitation to interview? a summons? a fixed penalty notice? We need more information before we can advise properly.

A notice of intended prosecution has to be served within 14 days of the offence. If this is not complied with, "a person shall not be convicted of an offence".

Unless there has been an accident.

gc1967

My son doesnt know what animal it was it was so quick , cat or dog.
The car was insured and taxed.
The only car involved was my sons and the damage was to his car and he was fine but shaken up
This is the letter we received today
Wont let me upload letter it says he has 28 days to give his details
Section 172 road traffic act 1988 section 12 road traffic offenders act 1988 - Application for name and address of driver
They have the time down as 13.39 and it would have been 12.39 as he was on way back from school.

System

1) A Corsa is a boy racer car.

2) I used to drive like a saint when I had my parents in the car and the incidents I had as a young driver were always someone elses fault if my parents ever found out which they didn't with some of them as I never told them.

3) "A <insert random wildlife here> ran out in front of me and I swerved to avoid it" is a common line trotted out by people who have come a cropper because of their poor driving at the time.

I would say you were told a bit of a tall story by your son and the truth is more likely to involve having friends/girls from school in the car out on a run at dinner time, showing off and driving beyond his level of ability and I would suspect this was witnessed by a police officer, not on the CCTV and that he may have been dealt with initially at the roadside. The police certainly wouldn't be prosecuting him for driving without due care if something did truly run across his path. In regards to the time, it could be that the time was correct and he wasn't at school and that is something else he doesn't want to admit.

gc1967

No matter what you think this is the first we have heard from any police in a month.
The only person seen was a lady from a house across the road come out to see he was ok.
My boy is not a liar he would tell me the truth and I have seen him many of times and trust me he is no boy racer

AndyMc.....

gc1967 wrote: »

My son doesnt know what animal it was it was so quick , cat or dog.
The car was insured and taxed.
The only car involved was my sons and the damage was to his car and he was fine but shaken up
This is the letter we received today
Wont let me upload letter it says he has 28 days to give his details
Section 172 road traffic act 1988 section 12 road traffic offenders act 1988 - Application for name and address of driver
They have the time down as 13.39 and it would have been 12.39 as he was on way back from school.

Does it also mention the offences of failing to stop and report?

He's he damaged anything else?

Again is he the registered keeper?

What's the date of the nip?

Is it a reminder?

Without an accident he can't be convicted of careless.