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.

Originally Posted by -Ralph-

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.

Originally Posted by Ian1971

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

Originally Posted by Milky Bar Kid

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....

I suggest you google for 'Statute of Limitations' and digest what is written

There were a few more cars parked there on the day, but if you were the Mini driver in this photo can you see the crossing patrol? The Ford Galaxy and BMW 4x4 both have tinted glass.



Yep, you're thinking "What school crossing patrol? Well this one likes hiding in hedges! I had to wait quite a while to get this photo, as unless he was actually in the road, he was hidden behind the hedge as per the photo above the whole time. Once he saw me snapping with a camera he moved to the kerbside in front of the Ford Galaxy and stood there.

[Bibio]

what time of day was this?

What an absolutely ludicrous position for a school crossing!!!

Originally Posted by bibio

what time of day was this?

08:50 weekday, both on the day of the alleged offence, and on the day I took the photo.

[Spiderman]

all i can add is that some of the lollipops now have CCTV in them believe it or not, so it could stem from an over zealous interpretation of your stopping. Obviously you can ask what evidence is avilable, when they are forced to submit it to you by tho i dont know.

Originally Posted by -Ralph-

There were a few more cars parked there on the day, but if you were the Mini driver in this photo can you see the crossing patrol? The Ford Galaxy and BMW 4x4 both have tinted glass.

What does that sign at the top of the lampost mean?

[Bibio]

yes how many signs does it take to tell people to slow down. 8:50am means kids going to school or even running late getting to school so 'running without paying attention'. you say you were not speeding but you had to 'perform an emergency stop' because the crossing patrol person 'walked right out in front of you. crossing patrol people just don't walk out in front of cars, they are responsible people who are 'vetted' to do a responsible job involving the safety of children. its the responsibility of the driver/rider to look out for such hazards. failing not to notice such hazard is 'driving without due care and attention'.

thankfully your reactions were good and no accident occurred.

Originally Posted by Bibio

crossing patrol people just don't walk out in front of cars, they are responsible people who are 'vetted' to do a responsible job involving the safety of children.

very interested to understand how they are chosen really! what is the vetting process as the ones I have around my area are fairly ignorant to the fact that in a 30mph limit deciding to stop the traffic with a car approaching just few yards from them is absolutely fine. had to slam the breaks a few times.......doesn't mean I was speeding if I had to stop in short notice at any speed.