Careless Driving

[Liddy66]

Hi

My 20 year old step son was involved in an car accident last September where he crossed the white line on a bend and hit an oncoming car. Fortunately nobody was seriously hurt and he has now received a Single Justice Notice in which he is being invited to plead with a charge of careless driving.Please can you point me in the direction of the right forum as I have a few questions about the best course of action.

[des8]

Might as well continue here, and also perhaps post on the Pepipoo forum (http://www.pepipoo.com/)

[Liddy66]

To give some more detail my step son already has 3 points for an SP 30. He is being charged with careless driving and without much doubt he is guilty. When he had the accident he was 19 and it’s very remorseful. He has not driven since the accident is it’s unlikely that he will be able to afford another car for at least another 12 months. Both cars were written off and all of the occupants had minor cuts and bruises.

As my step son had not passed his test for two years at the time of the accident he could have his licence revoked and have to retake both tests.

I have spoken to a couple of the online legal companies and it’s been suggested that he should plead guilty and look to try to achieve a short ban but not have his licence revoked.

is this a likely outcome ?

[des8]

It is a possible outcome, but if he wishes to achieve that it might be worthwhile hiring a solicitor (altho' that will come at a price unless he can take advantage of the duty solicitor scheme)

Tagging islandgirl for you as she will know more

[islandgirl]

A solicitor will always be helpful but I think there is little chance he will not have to take a retest. 6 points within the first 2 years always generally leads to this outcome and band B where I think it sits gives 5-6 points.

This is the sentencing guideline:

https://www.sentencingcouncil.org.uk...-revised-2017/

A category 1 offence can lead to a ban rather than points but if I were hearing this case even a cat 1 in these circumstances I would be more likely to give points in order to ensure a retest (for the safety of other road users).

The advice to get a solicitor is, however, a good one. If the case is well made then anything is possible.

[Liddy66]

Thanks for the feedback islandgirl. I don’t really have an issue with him having to take a retest as he needs to understand that his actions have consequences.The solicitors that I have contacted have been quoting £1500 and upwards to take on the case. I do wonder whether the best plan is to just plead guilty by post / online and to submit the mitigation section. He is genuinely sorry for his lapse and regrets the upset that he has caused the other party. He will probably be off the road for at least 18 months. Do you have any guidance as to how to structure the mitigation ?

[paulajayne]

Do not waste money on a solicitor-

He admits guilt and unless there is a need for him to drive as say a sole carer etc then there are no migating factors.

[islandgirl]

By all means plead guilty by post. Make the mitigation short and to the point - magistrates sit with a legal advisor and do case after case after case. The better written it is the more chance you have of them taking full notice. Stress the remorse. Explain if he need to drive to get to work etc or to take relatives places who cannot drive (only if this is true of course). Make sure you give an income figure or fine will be based on £440 a week.

[Liddy66]

By all means plead guilty by post. Make the mitigation short and to the point - magistrates sit with a legal advisor and do case after case after case. The better written it is the more chance you have of them taking full notice. Stress the remorse. Explain if he need to drive to get to work etc or to take relatives places who cannot drive (only if this is true of course). Make sure you give an income figure or fine will be based on £440 a week.

Out of interest, Is the mitigation statement only seen by the Court ? In the other drivers statement it talks about loss of earnings and I wondered whether this is something that the Magistrates Court got involved with ?

[islandgirl]

If there is a guilty plea I have only ever seen a statement from the person pleading guilty. I suspect the other driver's insurance firm will use the guilty plea to reinforce compensation claims against the driver (handled via insurance) but I have no first hand knowledge in this type of case.