Driving without due care and attention

deanosden

............

Car_54

Sentences for careless driving can vary widely depending on the circumstances. A minimum of 3 and a maximum of 9 points or disqualification, plus fine. The guidelines are here https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/careless-driving-drive-without-due-care-and-attention-revised-2017/. There will also be costs and a victim surcharge to pay.

The injury is a serious aggravating factor.

If you avoid disqualification, reaching 6 points will see your licence revoked (unless you'd passed a motorbike test more than two years previously). This is less serious than a ban, as you can take your tests again quite quickly.

Whatever the outcome, insurers aren't going to like you.

neilmcl

Yes, being disqualified is a distinct possibility.

Herzlos

So you pulled out into an oncoming car on a national limit road and it hit you?

Was there anything to suggest you weren't driving with due care and attention and that it wasn't just a lapse in judgement? Was it going far too fast?

You're quite possibly looking at a disqualification here, so you'll really need to look at professional advice.

Car_54

Herzlos said:

So you pulled out into an oncoming car on a national limit road and it hit you?

Was there anything to suggest you weren't driving with due care and attention and that it wasn't just a lapse in judgement? .

" ... you pulled out into an oncoming car on a national limit road and it hit you" - that alone suggests careless driving.

The relevant law 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."

A competent and careful driver does not pull out into the path of another vehicle, momentary lapse or not.

Car_54

deanosden said:

Herzlos said:

So you pulled out into an oncoming car on a national limit road and it hit you?

Was there anything to suggest you weren't driving with due care and attention and that it wasn't just a lapse in judgement? Was it going far too fast?

You're quite possibly looking at a disqualification here, so you'll really need to look at professional advice.

I did say in my statement to police but thats what they charged me with the car that hit me was going around 50 55 id say i had a brief at my interview and he said the witness statements all blame me so would have to ple guilty as if i tryed to fight it would cost a bomb mand still most probably stay the same 

I think that is good advice. Also, an early guilty plea will earn you a 33% discount on the fine, and reduce costs. It wont reduce the points however, unless the offence was in Scotland.

Scrapit

deanosden said:

Herzlos said:

So you pulled out into an oncoming car on a national limit road and it hit you?

Was there anything to suggest you weren't driving with due care and attention and that it wasn't just a lapse in judgement? Was it going far too fast?

You're quite possibly looking at a disqualification here, so you'll really need to look at professional advice.

I did say in my statement to police but thats what they charged me with the car that hit me was going around 50 55 id say i had a brief at my interview and he said the witness statements all blame me so would have to ple guilty as if i tryed to fight it would cost a bomb mand still most probably stay the same 

Doesn't take a lawyer to guess that. What is the question? If you could loose your licence? The answer is a yes.

Car_54

That is that is not a mitigating circumstance. Everyone who is caught is resourceful.

DoaM

I'd imagine that disqualification is likely ... even if they give you 6 points, as a new driver that'll likely mean you lose your licence and have to retake your test?

452

DoaM said:

I'd imagine that disqualification is likely ... even if they give you 6 points, as a new driver that'll likely mean you lose your licence and have to retake your test?

Six points isn't disqualification though, they can walk out of court and apply for a provisional.

Car_54

452 said:

DoaM said:

I'd imagine that disqualification is likely ... even if they give you 6 points, as a new driver that'll likely mean you lose your licence and have to retake your test?

Six points isn't disqualification though, they can walk out of court and apply for a provisional.

Not quite, unless they walk very slowly. The court have to advise the DVLA, who then write to confirm the revocation. Only when that takes effect can the OP apply for a new provisional.