Driving without due care and attention!
Driving without due care and attention!
Author
Discussion

peter_london

Original Poster:

1 posts

264 months

Thursday 8th January 2004
quotequote all
Hi,

I've just been charged with this and will have to go to court. Will I need legal representation? If so is this done by a lawyer or a solicitor?
I intend to mount a vigorous defence as the behaviour was turning right at a junction from the outside lane which I have been doing everyday for four years. This is common practice at this junction. I would say more than 50% of cars that turn right at this junction do it at rush hour. Bearing this in mind I think a warning would have been more appropiate.

Thanks for any replies.

mondeoman

11,430 posts

287 months

Thursday 8th January 2004
quotequote all
The only thing is is that if its clearly marked as no right turn then you have no defence.

If its not, then get some pics of the approach, typical trafiic and give em hell

heyou

72 posts

269 months

Thursday 8th January 2004
quotequote all
I was pulled by the BiB, that were parked up ready to nick drivers for turning right into this particular junction. The BiB told me that i had ignored the no right turn sign and that they had already nicked a dozen or so that morning.

I replied, in that case then surely the road sign isn't doing it's job as so many other drivers are not clear as to it's intention.

I wrote to the court and gave this explanation and was let off the offence.

Del.

Dwight VanDriver

6,583 posts

265 months

Thursday 8th January 2004
quotequote all
You do not give sufficient information to form an opinion whether you were right or wrong.

You obviously think you have a case to put forward so why not go to your nearest C.A.B. and have a free discussion with their Duty Solicitor. From what he says you can then plan a more positive course of action.

DVD

MilnerR

8,273 posts

279 months

Friday 9th January 2004
quotequote all
If you were aware of the no right turn sign and still turned right then you're screwed i'm afraid unless the sign was unclear, damaged or not visible from the junction. Get some advice and borrow a digital camera. Good luck though.

philly

190 posts

275 months

Friday 9th January 2004
quotequote all
If you turn right where there's a no right turn sign would you be nicked for due care & attention?

Maybe there's more to this and, depending on situation, this will determine how easy it is to mount a personal defence.

Phil.

misternomer

68 posts

264 months

Monday 12th January 2004
quotequote all
I've been nicked for this once in Islington and I got a £30 non-endorsable ticket.


Driving w/o Due Care sounds very harsh for this minor offence.

I think a reasonably minded court would accept that it was common practice and perhaps offer an absolute discharge

gizard

2,266 posts

304 months

Monday 12th January 2004
quotequote all
I have friend who was done for this got 3 points somewhere between Bow and Stratford is this the same junction? sounds tlike the Police have had a field day.