Driving without due care and attention.

AndyMc.....

gc1967 wrote: »

What can happen - fine ? points ? banned ? or a day course on due care and attention as he is 17 he is really worried as he starts Uni in September and wants his car for travelling

He could get a fine and points, he could be banned and fined.

What's the date on his V5?

You still haven't answered, are you sure the nip isn't a reminder?

gc1967

Only letter we have ever had from the police asking him to fill in his details and return within 28 days
We purchased car beginning of February and was sorn til he past his test

tho_2

gc1967 wrote: »

He bought the car beginning of February and had it sorn[/QUOTE]

Do you mean it was sorn before he bought it? Or your son declared it sorn? Because if your son declared it sorn it wasn't taxed and shouldn't be on the road.

No one can answer what he could get without more details. Answer Andymcs questions one by one and someone will give you a better idea.

matttye

AndyMc..... wrote: »

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.

An accident isn't required. The law simply says: "A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver." (s.3ZA(2) Road Traffic Act 1988).

Undertaking, messing with the radio while driving, lighting a cigarette could all constitute careless driving offences.

Whether they would actually bother if there was no collision is another matter...

gc1967

When we bought the car my son taxed the car there and then for 6 months as his test was up and coming and i took out one day insurance to bring car home.
I have just read the 14 day rule it has just passed a month now since the incident , I read i should contact them and reject it, is this correct ?

gc1967

It has taken 26 days to get in touch

Mercdriver

AndyMc..... wrote: »

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.

I would look that up again DM.

There is absolutely no bar to conviction for due care or careless if no accident has taken place. Besides one could interpret mounting a kerb as an incident. As someone else says the definition of careless is driving below the standard of a competent and safe driver.

gc1967

No damage to anything
First letter from police asking him to fill his details in and any comments he wishes to make
When he bought the car we got the green bit and the lady sent off the other bit and the log book came back quick
Nothing about failing to stop and report it no one else involved.Yes my sons the registered keeper
If nip is when incident happened that was 22nd February and Police letter was sent out 20th March 2017

d123

AndyMc..... wrote: »

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

The CPS would disagree.

Driving without due care and attention

The offence of driving without due care and attention (careless driving) under section 3 of the RTA 1988 is committed when the defendant's driving falls below the standard expected of a competent and careful driver - section 3ZA(2) of the RTA 1988.

See also R v Warwickshire Police Ex p. Manjit Singh Mundi [2001] EWHC Admin 448 (the court held that crossing a central white line without explanation was, in itself, evidence of careless driving).

In some cases, particularly where there has been a collision, the evidence will show that more than one driver was at fault. It will be necessary to establish that there is evidence from an independent source against any driver who is to be charged, but the possibility of charging more than one driver remains if both have failed to comply with the statutory standard.

There are decided cases that provide some guidance as to the driving that courts will regard as careless or inconsiderate and the following examples are typical of what we are likely to regard as careless driving:

overtaking on the inside;
driving inappropriately close to another vehicle;
inadvertently driving through a red light;
emerging from a side road into the path of another vehicle;
tuning a car radio, when the driver was avoidably distracted by this action;
using a hand-held mobile phone or other hand-held electronic equipment when the driver was avoidably distracted by that use (note that this is an offence itself under Regulation 110 of the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003). If this is the only relevant aspect of the case it is more appropriate to use the specific offence;
selecting and lighting a cigarette or similar when the driver was avoidably distracted by that use.

http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_guidance_on_prosecuting_cases_of_bad_driving/#a30

Aretnap

matttye wrote: »

An accident isn't required. The law simply says: "A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver." (s.3ZA(2) Road Traffic Act).

I think the point was that as no NIP has (apparently) been served within 14 days a prosecution for careless driving could not succeed - unless the allegation relates to an accident I which case no NIP is required.

"Accident" in this context is interpreted broadly though and need not involve damage or injury - whacking the kerb is probably sufficient in itself. Damage or injury would only be relevant if he was charged with failure to stop/report.