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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70282
Experience:  Over 5 years in practice.
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Charged with driving without due care and attention. I was

Customer Question

Charged with driving without due care and attention.
I was turning right out of a side road and a vehicle from the right hit the side of my car. The police did not charge me but sent a report to the fiscal (Scotland) who decided to charge on the basis that the vehicle hit me as I emerged from the road. The driver of the other vehicle says I pulled out in front of them and they had no time to stop the one independent witness says I pulled out in front of the vehicle, no one comments on the speed of the vehicle in statements. This is a junction I use on a daily basis I believe the other vehicle was travelling above the speed limit and that is why the collision happened. I did not say this at the time just said I thought I had time to get out, I was very shaken afterwards and had not thought through what happened. As I am in the caring profession any charge will conviction will appear on my checks and exclude me from jobs that state a clear record is required.
Any advice welcome I am in central Scotland.
Submitted: 4 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

How can I help with this?
Customer: replied 4 years ago.

I would like advice on how to approach a defence in court.



Expert:  Jo C. replied 4 years ago.

On what basis ? You seem to accept the offence?

Am I missing the point?
Customer: replied 4 years ago.

I do not accept the offence. The accident wa caused by the other diver driving too fast.


Expert:  Jo C. replied 4 years ago.
If you pulled across his right of way then I'm afraid, whatever his speed, the chances are that you will be convicted.

For careless driving they only have to show that your driving fell 'below' the standard of the careful and competent driver. Pulling out in front of an oncoming vehicle who is travelling at speed is likely to be considered 'below' the required standard.

You can always defend these things on the basis that it was just an accident rather than a careless act but it would be irresponsible of me to suggest your chances are strong.

I am not sure this conviction would stop you working. Its a road traffic conviction ultimately which does not have a huge impact upon a person's character.

However, I am sorry but the evidence is pretty overwhelming. An independent witness supports the assertion of the other driver and anyway the circumstances of the offence are against you I'm afraid.

I'm very sorry as I know this is bad news.