Driving Without Due Care & Attention - Plea advice
Discussion
A (hopefully) quick question about what plea a good friend of mine should make.
A few months ago he was leaving a dual carriageway by turning right across the opposite 2 lane. The 2 oncoming lanes were queuing with solid traffic. It was evening rush hour after dark. He is given a gap by the 2 oncoming cars, so edges across the 2 lanes, and as he crosses the gap between the verge and lane 1 a cyclist strikes the front left of his car and is thrown over the bonnet.
Cyclist wasn't wearing a helmet and suffered a minor skull fracture but no other or lasting injuries. Cyclist was wearing a hi-vis vest but it was open and flapped back so not exposing any reflective. There was a strobing front light on the bike.
Police attend and take statements from 2 cars, one of the front row and one a few cars back. The nearer car says he was edging across carefully, the one further back says they couldn't really see but he crossed faster than walking pace but slower than the queuing traffic.
He maintains he was crossing slowly
He was reported for Driving Without Due Care and Attention, and sought some legal advise which advised him to plead guilty as the court rarely take any mitigation in these circumstances because the accident is all the proof needed of insufficient care/attention. He entered a guilty plea online.
He just recently heard that the case was adjourned, and has received the following letter:
If anyone has any direct experience of a similar situation their thoughts on how to plea would be appreciated.
Thanks
A few months ago he was leaving a dual carriageway by turning right across the opposite 2 lane. The 2 oncoming lanes were queuing with solid traffic. It was evening rush hour after dark. He is given a gap by the 2 oncoming cars, so edges across the 2 lanes, and as he crosses the gap between the verge and lane 1 a cyclist strikes the front left of his car and is thrown over the bonnet.
Cyclist wasn't wearing a helmet and suffered a minor skull fracture but no other or lasting injuries. Cyclist was wearing a hi-vis vest but it was open and flapped back so not exposing any reflective. There was a strobing front light on the bike.
Police attend and take statements from 2 cars, one of the front row and one a few cars back. The nearer car says he was edging across carefully, the one further back says they couldn't really see but he crossed faster than walking pace but slower than the queuing traffic.
He maintains he was crossing slowly
He was reported for Driving Without Due Care and Attention, and sought some legal advise which advised him to plead guilty as the court rarely take any mitigation in these circumstances because the accident is all the proof needed of insufficient care/attention. He entered a guilty plea online.
He just recently heard that the case was adjourned, and has received the following letter:
Magistrates Court letter from the Legal Adviser said:
You entered a guilty plea online to the offence of Driving without Due Care and Attention on (date). However in your mitigation you state that you were not driving in a reckless manner and that you do not believe that you could have exercised this manoeuvre any more carefully than you did. These comments suggest that the correct plea would be one of not guilty.
That magistrates therefore wished to give you the opportunity to enter a not guilty plea to the offence. It is a matter for you to decide whether you want to change your plea.
This has made him question the advice he was given previously. That magistrates therefore wished to give you the opportunity to enter a not guilty plea to the offence. It is a matter for you to decide whether you want to change your plea.
If anyone has any direct experience of a similar situation their thoughts on how to plea would be appreciated.
Thanks
Thanks for all the responses, he has seen this thread and is getting further advice before deciding his plea but he is tempted to have his day in court.
As it has come up, the cyclist has engaged a no win no fee solicitor who have contacted his insurer. This thread wasn’t meant to be about that.
Gavia said:
The OP is confused and thinks that by proving they weren’t fully protected that this gets him off everything. It doesn’t.
Maybe I was ambiguous, but my intention was to ask how to Plea given a set of circumstances, the advice he had been given to date, and a letter from the court which was making him doubt that advice. AGTlaws post is particularly helpful as it confirms why he has received the letter. As it has come up, the cyclist has engaged a no win no fee solicitor who have contacted his insurer. This thread wasn’t meant to be about that.
When I was told the events he focused primarily on what he would do differently next time, he was being cautious, had looked and was edging across. The only bit which (to me) doesn't fully support that is that the bike hit the car's front wheel, so the car would have been at least 0.5m into the cycle lane, possibly more.
I don't know whether he was interviewed; he was critical of the police officer taking statements from witnesses without asking him to go elsewhere, which he did himself. I presume he was asked to give statement at the scene.
The helmet and hi-vis information came from the other witnesses, I included it for completeness though probably should have put it with the witness information.
I don't know whether he was interviewed; he was critical of the police officer taking statements from witnesses without asking him to go elsewhere, which he did himself. I presume he was asked to give statement at the scene.
The helmet and hi-vis information came from the other witnesses, I included it for completeness though probably should have put it with the witness information.
Gavia said:
Your mate has received professional, expert advice on this and still the PH Hardy Boys want to try to prove his innocence
He has and has acted upon it. I'm not trying to provoke a response saying he's innocent by continuing to reply; I'm a cyclist and driver, his experiences will change my behaviour the next time I find myself in similar circumstances. Hopefully answering the questions will do the same for others.
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