Author Topic: ISSUED WITH TRAFFIC OFFENCE REPORT FOR DRIVING WITHOUT DUE CARE AND ATTENTION  (Read 190 times)

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I am  posting this on behalf of my Grandson ( I did read the message regarding doing this )
A few days ago he was driving down a dual carriageway, it was raining heavily and he was driving under the speed limit because of the conditions.He approched a roundabout and whilst on the rumble strips noticed a lot of standing water just before the roundabout (shortly before this the ABS light had come on showing some sort of vehicle malfunction.) He was braking but the vehicle continued to skid and he lost control of it. He skidded halfway onto the roundabout and his van went through a plastic chevron sign. Because the van was still protruding into the road he decided to drive further onto the roundabout so as not to obstruct passing traffic. He knows the area well as he has been working there for some months in all weathers and puts this accident down to a malfunction of the ABS and the flooding on the approach to the roundabout.
There were other drivers about no one stopped to help or give a statement.
A police officer turned up and issued him with a Traffic Offence Report for driving without due care and attention. He then said he would breathalyse him  but had to call another unit because he did not have the necessary kit with him.Once the other unit arrived they issued him with the same ticket that the initial officer had started, did not breathalyse him and drove off, leaving him on the roundabout. They told him to ring 101 when he needed an officer to assist him with the recovery.
He was there for approximately 4 hours until the recovery came.
Does this seem like normal behaviour, just to issue a ticket like this without any witnesses or evidence?
Any advice would be greatly appreciated.

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What makes you say “without any evidence”? The police officers will have seen the location of the vehicle - a vehicle leaving the road and hitting an object is prima facie evidence of careless driving. Was your grandson interviewed at the scene? If he’s prosecuted he will see the evidence the police are relying on.
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

Quote
He was braking but the vehicle continued to skid and he lost control...

Then his best course of action was to release the brakes and exercise "cadence braking":

https://www.lifeskillsdriving.co.uk/ABS%20%20Cadence%20Braking.html

Has he had the ABS checked?

In any case, I'm not sure a defence that it failed (even if it did) will fly. Essentially he braked too hard which caused the van to enter a skid.
« Last Edit: Yesterday at 07:54:56 pm by NewJudge »

The ABS light probably came on when he was aquaplaning.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Thank you for all the replies.
So does it look like he will have to pay the fine and receive points rather than to plead his case in court?

Thank you for all the replies.
So does it look like he will have to pay the fine and receive points rather than to plead his case in court?
I don’t think anybody said that. At the moment, all he has is a traffic offence report. He needs to wait and see what the police do next (nothing, an offer of a course, a conditional fixed penalty offer, or prosecution).
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

And if offered a course or fixed penalty, they don't have to be taken up. In which case the matter will proceed to court where your son could plead not guilty and defend their case.