Driving without due care and attention

DoaM

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.

Apart from the timing issue mentioned above, what you've said doesn't contradict what I said. If they need to get a provisional licence then they have lost their (original) licence. And thus also need to take their test again (i.e. retake it).

Mercdriver

Technically, if the OP is disqualified, rather than given points taking them to 6 points, they are likely to be driving sooner, though their future insurance cost is likely to keep them from driving for a while.  
Quite why the OP has deleted their post is beyond me... A few people have quoted them and what they posted can be found on Google cache in any case...

AdrianC

deanosden said:

Hello i was leaving a junction and misplaced the speed of a car resulting in it hitting me both cars a right off it was a 60mph road i was at fault the driver of the otner vehicle suffered nasty injuries ive only been driving a year and i had a court letter the other day charging me witn Driving without due care and attention will i lose my licence do you think the other person have fully recovered from injury i had a police interview for it last month 

The court can impose six points, yes.
Six points will automatically and unavoidably result in revocation of your licence, since you're within two years of your first test pass. That means back to L plates.

Should you try to fight it? No. Definitely not. Let's face it, you're bang to rights. You admit as much in this post. You pulled out of a junction into the path of another car because you misjudged their approach. The other driver was badly injured as a direct result of your mistake.

The law is clear.
http://www.legislation.gov.uk/ukpga/1988/52/section/3ZA

3ZA Meaning of careless, or inconsiderate, driving

...

(2) 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.

(3) In determining for the purposes of subsection (2) above what would be expected of a careful and competent driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

So, given that you do not have a hope of getting away unconvicted, your best bet is to stick your paw up at the earliest possible opportunity, be very contrite, and throw yourself on the mercy of the court.

CD10 - Driving Without Due Care And Attention - gives three to nine points.
https://www.gov.uk/penalty-points-endorsements/endorsement-codes-and-penalty-points

So - will you get six? Probably... If you can demonstrate to the court that you rely on your licence to help others - not just for your own benefit - you may get away with five.

TooManyPoints

You also need to bear in mind that Magistrates have specific guidance which tells them that where they are considering either points or a disqualification and the points will make the driver liable to either (a) have his licence revoked under the New Drivers' Legislation or (b) be disqualified under the "totting up" rules then points should be imposed. 

Looking at your brief (but for some reason removed) description the offence seems to fit into Category 2. The sentencing guidelines are here:

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/careless-driving-drive-without-due-care-and-attention-revised-2017/

There appear to be no factors indicating higher culpability but certainly enough to indicate greater harm (the injuries and the damage). If that's the view of the court then 5 or 6 points is the likely outcome. You may be lucky and get five but my guess is six will be the result, mainly because of the injuries.