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Prosecution for driving without due care and attention

Now, I know asking for legal advise on a forum is daft, particularly if you intend to act on it. So lets say I'm not asking for advice, but opinion.

Also, I don't want to be a pr*ck, but it is the nature of forums that lots of people reply authoritatively when actually, they haven't got a clue, they just want to appear to be knowledgeable. So I'm looking for the opinions of professionals (police, solicitors, etc) or people with first hand experience that have been accused of this offence, so if you could please state your credentials when replying so I know who is to be listened to and who is spouting horse manure that would be much appreciated.

Sorry, but I'm also not interested in what armchair experts have found on the web, I can use google myself, and even if you find copies of legal documents online, these cannot be interpreted successfully by you and I, they need professionals who have experience of how they are interpreted by the courts.

I had to perform an emergency stop after a school crossing patrol walked out in front of me with children already in tow. I have photos of the scene taken at a later date that clearly show the school crossing patrol is completely obscured from the drivers view. There is no doubt that I have committed no offence, in fact it was my care and attention that prevented an accident, (there was no impact). Having never spoken to the police, 6 weeks later I receive an NIP though the post. I haven't yet seen any evidence to support this if indeed any exists.

Quote:

Originally Posted by -Ralph- (Post 1974214)

Just note that the 14 day rule does not apply to all mototing offences, so if they intended to prosecute you for something other than speeding (ie dangerous driving) you'll need to check it out. I can't give a list of which offences apply, but I know Driving without due care NIP does not have to be served within14 days.

Quote:

Originally Posted by Ian1971 (Post 1974449)

I got done for due care in 2003, the 14 day rule dose not apply, 6 months was the wait, and yes 6 months and 2 days latter the notice came. So if they go down that route its a long wait sorry

Quote:

Originally Posted by Milky Bar Kid (Post 1974592)

Regardless of the offence, if a NIP is required then it must be served within the 14 days if the driver was not given the Section 1 warning or informed a report was being submitted for the consideration of a prosecution.

It's interesting to see you write that MBK, because as per what I have written above about asking for advice on forums, I respect your opinion on the subject.

My solicitor has advised me that the 14 day rule does not apply to Driving without Due Care and that they have up to six months to file proceedings with the court. He is a specialist motoring solicitor of 25 years experience.

Ian has been convicted following a six month old NIP. He was not warned or informed at the time of the offence, but in an interview afterwards (Ian if you can furnish us with further details that would be much appreciated).

MBK - I'm not suggesting that you are wrong, but certainly you disagree with my solicitor. I do quite a detailed and technical job too, and quite often my colleagues and I disagree on things and have to look it up or get clarification from somewhere, and of course one of us has to have got it wrong. Now we are experts in what we do, but nobody can be 100% right, 100% of the time, and keep that much detail accurately in our heads.

Is there anyway you could check it out at work for us and let us know?

Bluepete - What do you think?

Thanks....