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Speeding and other criminal offences / Advice requested on Driving Without Due Care and Attention / Failing to Stop / Failing to Report
« on: October 13, 2025, 09:08:33 pm »
I was involved in what the Police are deeming a Road Traffic Accident last month. Two lanes merged into one, I was in the right-hand lane of the two that merged, and ahead of the car to the left of me after pulling away from traffic lights. The other car accelerated, essentially undertaking me, and preventing me from merging safely. There was another car coming in the opposite direction, so I had no choice but to merge, and there was contact between my car and the car in the left-hand lane. Not much contact - just enough to ping my passenger door mirror back.
I continued driving, but the other driver chose to drive aggressively behind me – flashing his lights and driving extremely close to my rear bumper. I was somewhat frightened by this. I turned off up the slipway to the A38 dual carriageway. The driver of the other car continued to pursue aggressively, and then overtook me before suddenly stopping in front of me in the middle of the A38 straddling both lanes of the dual carriageway. He literally stopped all traffic heading west on the A38 into Cornwall. Then he got out of his car and walked to my driver’s window. His behaviour was extremely aggressive – shouting abuse and making threatening gestures. I was genuinely concerned that he was going to use violence against either me or my car. I felt that the best way to defuse the situation was to drive away. I was able to drive around him and his car and continue on my journey.
I stopped at the next well-lit petrol station and examined my car. This confirmed that there was no damage. Then I continued with my journey.
Now I've received a Notice of Intended Prosecution for 1) Driving Without Due Care and Attention, 2) Failing to Stop and 3) Failing to Report an RTA.
In hindsight, I can see that I should have reported the incident within 24 hours. No excuses - I simply didn't realise the legal obligation. I figured that this was too trivial to count as an accident. And I can see how if this was an accident, then clearly I should have stopped and clearly I should have reported it. No real argument there. I'm guessing I can expect some points for this. Never had any points on my licence before in 36 years of driving. Oh well.
But the Driving Without Due Care & Attention seems unfair to me. It seems to me (and obviously I'm biased), that the contact was at worst a 50:50, and more likely the fault of the undertaking driver. If he (or for that matter the Police) has a different version of events, I'd be surprised if he has any evidence that contradicts my version. In fact, I'd be surprised if there is any evidence at all, apart from his word against mine.
Any advice on the DWDC&A? Can I ask for evidence? Would I be likely to get it? And if there is no evidence, would the Police say this? What is most likely to happen next?
I've added a Google Streetview pic of the location. The road markings are simply long white lines between the two lanes, and then no white lines as they merge into one lane.
I continued driving, but the other driver chose to drive aggressively behind me – flashing his lights and driving extremely close to my rear bumper. I was somewhat frightened by this. I turned off up the slipway to the A38 dual carriageway. The driver of the other car continued to pursue aggressively, and then overtook me before suddenly stopping in front of me in the middle of the A38 straddling both lanes of the dual carriageway. He literally stopped all traffic heading west on the A38 into Cornwall. Then he got out of his car and walked to my driver’s window. His behaviour was extremely aggressive – shouting abuse and making threatening gestures. I was genuinely concerned that he was going to use violence against either me or my car. I felt that the best way to defuse the situation was to drive away. I was able to drive around him and his car and continue on my journey.
I stopped at the next well-lit petrol station and examined my car. This confirmed that there was no damage. Then I continued with my journey.
Now I've received a Notice of Intended Prosecution for 1) Driving Without Due Care and Attention, 2) Failing to Stop and 3) Failing to Report an RTA.
In hindsight, I can see that I should have reported the incident within 24 hours. No excuses - I simply didn't realise the legal obligation. I figured that this was too trivial to count as an accident. And I can see how if this was an accident, then clearly I should have stopped and clearly I should have reported it. No real argument there. I'm guessing I can expect some points for this. Never had any points on my licence before in 36 years of driving. Oh well.
But the Driving Without Due Care & Attention seems unfair to me. It seems to me (and obviously I'm biased), that the contact was at worst a 50:50, and more likely the fault of the undertaking driver. If he (or for that matter the Police) has a different version of events, I'd be surprised if he has any evidence that contradicts my version. In fact, I'd be surprised if there is any evidence at all, apart from his word against mine.
Any advice on the DWDC&A? Can I ask for evidence? Would I be likely to get it? And if there is no evidence, would the Police say this? What is most likely to happen next?
I've added a Google Streetview pic of the location. The road markings are simply long white lines between the two lanes, and then no white lines as they merge into one lane.