What punishment will i get?
Discussion
Back in December I was driving a 40ft artic in central London, heading up Seymour Street I reached the junction of Edgewear Road, my map book that I have said it was a left turn only at the junction, which was handy as that was where I wanted to go. I positioned my truck to right hand side of the road and the light was green and at that point started concentrating on watching wether anything/one would try coming up my n/s while left turning but when I got to the light there was a no left turn sign, I couldn't go straight on due to the length of the truck, the only way I could legally go was right. However I would not have made the right hand turn as the trailer would have cut in and demolished the central reservation and everything on it (lights, railings etc). So I turned left, when doing so the trailer clipped a traffic light pole and knocked it over, it looked in my mirror like it was going to clear the pole, but despite just clipping it it fell over. There was no where to stop a 40ft artic so I called my traffic office and reported it asking them to let the authorities know.
Now in Febuary I got a letter asking for my details, which I provided, it said they were going to prosecute me for 'driving without due care and attention' 'failing to obey a traffic sign' and 'failing to stop at the scene of an accident'.
On Friday I got home from another week on the road to find a letter saying im being taken to court on June 6th being charged with 'driving without due care and attention' and 'failing to stop at the scene of an accident'.
Now I know I done wrong, I don't need telling that, im a bit angry for a, myself for getting into that situation, b, being sent into central London with a 40ft artic but was does really annoy me is this happened 6 months ago, they have had 6 months to get witness statements and a prosecution together yet I have only 3 weeks to respond!
Ive got a clean licence and not been in trouble like this before so any advice on what might happen or punishment I get would be welcome.
Steve.
Now in Febuary I got a letter asking for my details, which I provided, it said they were going to prosecute me for 'driving without due care and attention' 'failing to obey a traffic sign' and 'failing to stop at the scene of an accident'.
On Friday I got home from another week on the road to find a letter saying im being taken to court on June 6th being charged with 'driving without due care and attention' and 'failing to stop at the scene of an accident'.
Now I know I done wrong, I don't need telling that, im a bit angry for a, myself for getting into that situation, b, being sent into central London with a 40ft artic but was does really annoy me is this happened 6 months ago, they have had 6 months to get witness statements and a prosecution together yet I have only 3 weeks to respond!
Ive got a clean licence and not been in trouble like this before so any advice on what might happen or punishment I get would be welcome.
Steve.
GEARJAMMER said:
Back in December I was driving a 40ft artic in central London, heading up Seymour Street I reached the junction of Edgewear Road, my map book that I have said it was a left turn only at the junction, which was handy as that was where I wanted to go. I positioned my truck to right hand side of the road and the light was green and at that point started concentrating on watching wether anything/one would try coming up my n/s while left turning but when I got to the light there was a no left turn sign, I couldn't go straight on due to the length of the truck, the only way I could legally go was right. However I would not have made the right hand turn as the trailer would have cut in and demolished the central reservation and everything on it (lights, railings etc). So I turned left, when doing so the trailer clipped a traffic light pole and knocked it over, it looked in my mirror like it was going to clear the pole, but despite just clipping it it fell over. There was no where to stop a 40ft artic so I called my traffic office and reported it asking them to let the authorities know.
Now in Febuary I got a letter asking for my details, which I provided, it said they were going to prosecute me for 'driving without due care and attention' 'failing to obey a traffic sign' and 'failing to stop at the scene of an accident'.
On Friday I got home from another week on the road to find a letter saying im being taken to court on June 6th being charged with 'driving without due care and attention' and 'failing to stop at the scene of an accident'.
Now I know I done wrong, I don't need telling that, im a bit angry for a, myself for getting into that situation, b, being sent into central London with a 40ft artic but was does really annoy me is this happened 6 months ago, they have had 6 months to get witness statements and a prosecution together yet I have only 3 weeks to respond!
Ive got a clean licence and not been in trouble like this before so any advice on what might happen or punishment I get would be welcome.
Steve.
I'm often wrong about many things but;Now in Febuary I got a letter asking for my details, which I provided, it said they were going to prosecute me for 'driving without due care and attention' 'failing to obey a traffic sign' and 'failing to stop at the scene of an accident'.
On Friday I got home from another week on the road to find a letter saying im being taken to court on June 6th being charged with 'driving without due care and attention' and 'failing to stop at the scene of an accident'.
Now I know I done wrong, I don't need telling that, im a bit angry for a, myself for getting into that situation, b, being sent into central London with a 40ft artic but was does really annoy me is this happened 6 months ago, they have had 6 months to get witness statements and a prosecution together yet I have only 3 weeks to respond!
Ive got a clean licence and not been in trouble like this before so any advice on what might happen or punishment I get would be welcome.
Steve.
If the incident happened in December and you only received the NIP in February, that would seem to fall outside of the 14 days rule. The exception to that would be if the original NIP was sent to the registered keeper of the vehicle (I'm assuming it's not you) It would then be okay to have taken a bit of time to for you to have received the NIP once they identified you.
However, the original NIP should've still been sent to the registered keeper within 14 days.
IIRC
As the incident is RTC related, no NIP is required:
http://www.legislation.gov.uk/ukpga/1988/53/sectio...
http://www.legislation.gov.uk/ukpga/1988/53/sectio...
SteveScooby said:
As the incident is RTC related, no NIP is required:
http://www.legislation.gov.uk/ukpga/1988/53/sectio...
http://www.legislation.gov.uk/ukpga/1988/53/sectio...
that's what was niggling the back of my mind.....I'm assuming you intend to plead guilty to both?
Fail to stop - 5-10pp or discretionary disqualification.
Careless driving - 3-9pp or discretionary disqualification.
It sounds like it's in the lowest sentencing category of fail to stop offences; so 5-6 points most likely. Not serious enough for disqualification. Two offences but penalty points are not usually aggregated - very likely to be no separate penalty for careless driving. You'll most likely subject to a "Band B" fine - approximately one week's net weekly income less one-third discount/credit for an early guilty plea. Prosecution will get the usual costs order (85 or so) and there's a victim surcharge - 10% of the fine with a minimum of 20 and a maximum of 120.
Lucky you're not also done for fail to report as that offence is made out when you don't go straight to a police station to report the accident in person. You'd be looking at 7-8 points if also charged with fail to report - although a tactical NG plea might have been advised if so.
As an extra kick in the b
ks, you'll have a criminal record for these offences.
Fail to stop - 5-10pp or discretionary disqualification.
Careless driving - 3-9pp or discretionary disqualification.
It sounds like it's in the lowest sentencing category of fail to stop offences; so 5-6 points most likely. Not serious enough for disqualification. Two offences but penalty points are not usually aggregated - very likely to be no separate penalty for careless driving. You'll most likely subject to a "Band B" fine - approximately one week's net weekly income less one-third discount/credit for an early guilty plea. Prosecution will get the usual costs order (85 or so) and there's a victim surcharge - 10% of the fine with a minimum of 20 and a maximum of 120.
Lucky you're not also done for fail to report as that offence is made out when you don't go straight to a police station to report the accident in person. You'd be looking at 7-8 points if also charged with fail to report - although a tactical NG plea might have been advised if so.
As an extra kick in the b
ks, you'll have a criminal record for these offences.Wow! A criminal record and disqualufication for someone driving a large lorry on Londons tiny roads.
Driving without due care and attention - Its a very large lorry. I see coaches mounting the kerb and traffic islands everyday in London. London Roads are tiny!
Failing to stop - He hit a traffic light. Why would he have had to stop? What would stopping have achieved except create a gridlock?
The likely sanctions make Iran locking up those amateur musicians look not that drastic afterall.
Driving without due care and attention - Its a very large lorry. I see coaches mounting the kerb and traffic islands everyday in London. London Roads are tiny!
Failing to stop - He hit a traffic light. Why would he have had to stop? What would stopping have achieved except create a gridlock?
The likely sanctions make Iran locking up those amateur musicians look not that drastic afterall.
Does your employer not record calls? Sift through call history to find exact time & date of said phone call reporting it to your company to prove you tried to contact relevant authorities, through them? If lost, in an unfamiliar area and going in circles I wonder if you could plead that contacting your ''company man'' to report said incident was the best thing for you to do at the time?
Going to court does not mean you're going to be found guilty.
I would guess the care and attention might stick - although you might be able to argue that you very carefuly and attentively took out the lamp post.
As for stopping a reporting. If you told your company then I don't personally think you should be done for not calling the cops/council.
I would have expected the transport company to have stuff in place for notifying the correct people.
Good luck.
I would guess the care and attention might stick - although you might be able to argue that you very carefuly and attentively took out the lamp post.
As for stopping a reporting. If you told your company then I don't personally think you should be done for not calling the cops/council.
I would have expected the transport company to have stuff in place for notifying the correct people.
Good luck.
ferrariF50lover said:
It's probably because I don't know the junction in question, but I don't understand why you couldn't go straight on.
Simon.
Straight on leads to a residential square with two very tight turns at the end junction.Simon.
From the streetview below, I'm more surprised the OP managed to make the left turn at all....bloody sharp turn for a van let alone a 40ft artic....and also not sure why OP states turning right would have created a similar amount of damage....seems much more open, but then again, Im not a trucker!
https://www.google.co.uk/maps/@51.514257,-0.161234...
ETA - also not sure why OP even went that far along Seymour St, the left turn at the Edgware Road would take him to Marble Arch, but a left turn (legal) at the previous junction to that (Great Cumberland St) would have also led him to the same Marble Arch junction/roundabout.
Edited by djstevec on Tuesday 27th May 13:42
djstevec said:
...and also not sure why OP states turning right would have created a similar amount of damage....seems much more open, but then again, Im not a trucker!
He had already moved to the right in preperation for the planned left turn....Edited by djstevec on Tuesday 27th May 13:42
Wozy68 said:
agtlaw said:
As an extra kick in the bks, you'll have a criminal record for these offences.
Are you saying that you get a criminal record for being found guilty for DWDCA or is it carless driving, or are both the same thing? ks, you'll have a criminal record for these offences.GULP.
You should get yourself a solicitor and apply for the first hearing to be adjourned if necessary. You may find you have legal expenses cover on your household insurance if you don't have union cover or your employer won't pay. I'd hope your employer would help you out but appreciate they may not. Hopefully someone on here can recommend a good solicitor for you, for a plea in mitigation if nothing else. Good luck OP - not the crime of the century by the sound of it and not sure the punishment fits the crime here.....
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