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pulled out in front of me, now im being prosecuted - campani

i was travelling along a A road at 60mph and a young lad pulled out in front of me and i slammed on the brakes and still hit him.

a couple of months later i have been given the option of going on a motoring course or being prosecuted with Driving without due care and attention or: driving without resonable consideration for other road users.

i do not know why the charge is being brought against me, is it possible that my tyres/brakes were below the legal limit and could this be classed as the above offences rather than drivng with defunct tyres and /or brakes. or is it because the driver of the other car has said that i was speeding?

what im looking for is a list of reasons why i could be prosecuted to see if any of them could possibly apply?

pulled out in front of me, now im being prosecuted - gordonbennet

I'm no expert but there's more to this than you're telling us, such as at least some blame for the accident being pinned on you, any reasons given?

Police obviously attended, but has the other parties insurer admitted liability?

Presumably the course you are being offered is a speeding awareness course, police involved in the accident?...measured everything and calculated your speed?

If the speed was calculated via skid marks, are you wondering if defective tyres and or brakes might have contributed to longer skid marks, possibly leading to higher than you expected speed calculation of your speed, are you being done for any defects...or were there witnesses around, maybe someone who thought your speed or driving style prior to the accident warranted them having a word in the old bill's shell like, they could well be called as witnesses.

The chap who pulled out on you could say what he liked, but unless he's classed an expert witness (he's hardly impartial) i can't see how he can have known your speed.

Sounds like you need some proper legal advice.

pulled out in front of me, now im being prosecuted - campani

the other party insurance has not admitted liability.

the course i am being offered is a driver awareness course which i think is different to the speed awareness course.

i dont think they made any measurements of the skid marks, not while i was there anyway.

what i am really wondering is if the car had defective tyres or brakes (and i honestly dont know one way or the other) would this be enough to bring a case of driving without due care and attention? or would they bring a case of driving with defect tyres/brakes?

the only witnesses were a passenger in my car and a passenger in the other vehicle.

pulled out in front of me, now im being prosecuted - Dwight Van Driver

"Due care and attention" is the standard of driving that would be expected of a reasonable, prudent and competent driver in all the attendant circumstances.

There is one objective standard of driving which is expected of all drivers. Once it is proved that a defendant departed from that standard and actions were voluntary then the offence is complete with no need to prove any knowledge or awareness by the defendant fell below that stardard.

Mentioned vehicle driven had bald tyres so whilst seems to fit the above I would have thought the easier no argument approach would have been to report for defective tyres. Same applied re duff brakes (Con abnd Use Regs)

We are not privy to all the facts for the accident or what other witnesses are or have said so we are in the dark for there are nearly always two sides to a story.

Running up the R's of the one in front that had unexpectly appeared may fall within the defence of Scott v Warren [1954]

dvd

pulled out in front of me, now im being prosecuted - skidpan

i do not know why the charge is being brought against me

Obvious question but have you tried asking them. You need to know before you can consider electing to go to court and defending yourself against the charge.

pulled out in front of me, now im being prosecuted - TedCrilly

Well they are charging you for something and if they are charging you for something there must be some evidence there that suggests you have broken laws.

Perhaps you should go and see a decent solictor and take all the paperwork with you.

pulled out in front of me, now im being prosecuted - campani

so to understand having defective tyres could possibly be brought under 'due care and attention'?

sorry dont understandwhat you mean by running up the R's?

pulled out in front of me, now im being prosecuted - Brit_in_Germany

Presumably, if the collision was sufficently distant from the junction the police could come to the conclusion that you were driving without due care and attention.

pulled out in front of me, now im being prosecuted - Falkirk Bairn

Did you hit on the side (front, midships, rear) or run up the back of him?

Being prosecuted suggests he had cleared a distance before you hit him!

pulled out in front of me, now im being prosecuted - campani

i hit on the drivers side door with my drivers side corner as i had swerved slightly left in the run up to the crash.

pulled out in front of me, now im being prosecuted - slkfanboy

Issues with tyres would be a fine & 3 points per tyre. Speeding fines must be from a camera as it could easly be said skid marks are not yours. You hit the door so it's not as if you ran into the back of him.

That leaves. You stated that you where traveling a 60mph in your statement to the police(?) and it was not a 60 zone or not safe to do so is the most likely reason.

pulled out in front of me, now im being prosecuted - Bromptonaut

DVD has put his finger on it already. The offence is driving without due care and attention. In the opinion of the attending officers the OP's driving fell below the standard that could reasonably be expected. That probably means they think he failed to brake, steer or otherwise avoid collision due lack of attention, distraction etc.

The other party pulling out of a side road might have been the start point, even contributory but Police are of view that a competent driver paying proper attention to the job in hand would not have collided.

Driver improvement course is different to speed awareness workshop. It's offered for a wide range of offences including due care, passing lights at red, mobile phone use etc etc.

Unless OP is far more sure of his ground than posts suggests my advice would be to take the offer.

I went on one in November after inadvertently skipping a red light by Sainburys at Fosse Park in Leicester. It's aimed at those who have slipped into bad habits or deliberate riask taking and lasts about three hours. Delivered by a couple of professional trainers using powerpoint, worksheets and syndicate sessions with other attendees. Bit like training sessions at work really.

About thirty of us there for range of offences as above; that light at Fosse Park was responsible for two more as well as me.

Edited by Bromptonaut on 26/02/2015 at 14:28

pulled out in front of me, now im being prosecuted - Leif

I imagine those courses are of value to most people. I would have thought the OP would have received a clear written statement of the offence. Surely?

I recently sent in a video of a 4x4 rear ending a van, after the van had switched lane, moving in front of the 4x4, then emergency braked. The 4x4 driver was prosecuted/fined. I think the reasoning was that the 4x4 driver had enough time to slow down, between the van moving in front, and the crash. In my view it was harsh to fine her, but the course she was sent on would have been useful.

pulled out in front of me, now im being prosecuted - Avant

"....what i am really wondering is if the car had defective tyres or brakes (and i honestly dont know one way or the other)."

I think the police officer will have been unimpressed if you really claimed not to know that your tyres and brakes were defective.