Driving without due care?

[e21Mark]

My partner was driving home from her new job and passing through a section of road, with several roundabouts and speed cameras. She noted there was a Police van behind her, so kept an even closer eye on her speed. She was stopped by the lone Officer, who went on to state that she had passed through a red light and would be reported for the offence. Being new to the area, she asked what red light he was talking about?, to which he said a crossing near an Aldi store they had passed. She said, she didn't know this crossing, being new to the area, to which the Officer stated that this constitutes Driving without Due Care. She explained that she did not know the crossing he described, because she did not know the area, and was not offering this as a reason for her possibly having passed through the red light. The Officer continued to report her for both 1. Passing through a red light and 2. Driving without Due Care & Attention. Evidently his report will be passed on and she will receive a letter and court date, in due course.

The following morning we returned to the crossing in question and it is actually some considerable distance, from the Aldi store described by the Officer. Even if she had known the area, it seems likely one would question what crossing he was talking about?

I have to say, knowing what a safe driver my partner is, I am extremely surprised that she would pass through a red light. Especially when she knew there was a Police van directly behind her. They were also in rush hour, stop/start traffic. Does the Officer have to provide any evidence of her alleged wrong-doing or is his word enough?

Does not knowing a specific light or junction constitute DWDC?

Thanks in advance.

[e21Mark]

TooMany2cvs said:

e21Mark said:

I have to say, knowing what a safe driver my partner is, I am extremely surprised that she would pass through a red light. Especially when she knew there was a Police van directly behind her. They were also in rush hour, stop/start traffic. Does the Officer have to provide any evidence of her alleged wrong-doing or is his word enough?

Sorry, was she staring at the speedo to avoid exceeding the limit, or was it nose-to-tail stop-start traffic?

Either way, it seems that the presence of the van rattled her sufficiently that her concentration was on that rather than where it should've been.

e21Mark said:

Does not knowing a specific light or junction constitute DWDC?

No, but failing to even notice a red light at a pedestrian crossing certainly does.

No, it was stop start rush hour traffic, which is why it seems unlikely (or more unlikely anyway), that she would pass through a red light.

Of course failing to notice a red light constitutes driving without due care, but she wasn't saying that. She said she didn't know the light he was referring to, especially given that he stated it was near an Aldi store when in fact it was quite some distance away. If you drive along a strange road and are then questioned about lights on junctions on it, does not knowing one constitute DWDC?

Initially she was being reported for running a red light, but in asking what light he meant, it was escalated to DWDC and that seems unfair to me. She wasn't saying she hadn't seen it, just that she wasn't sure which light he referred too.

[e21Mark]

agtlaw said:

See ss. 3 and 3ZA RTA 1988. I wouldn't worry about something unlikely to be pursued.

Sorry, can you elaborate?

[e21Mark]

Durzel said:

How hard is it really to have a pretty good idea of your speed just from experience and knowing what gear you're in? This oft claimed "staring at the speedo instead of the road" seems strange to me, as I've never genuinely had to do it.

Sorry but who was doing that?

[e21Mark]

Well it's been 3 weeks now and she's heard nothing. Is there a time limit on her receiving a court date or fixed penalty notice?