Careless Driving Charge

Winseer:

ROG:
I had a similar thing some years ago where one driver claimed I pulled out on him on the M1 and another driver was his witness

When it got to court it transpired that one driver gave the number plate to the other driver at the next services and the one who got the number plate had it wrong

The magistrate did not even bother to check my tacho records which proved I had finished driving that day before the time of the incident

I got - no case to answer

If only one person in your incident got the registration etc and then passed it to others …

Yes, I agree with this. It’s dishonest for the “victim” to pass a registration THEY have taken onto so-called bystanders, who most likely only saw an “aftermath” of an “accident” that didn’t actually involve any contact with a passing truck at all. I once passed a just-crashed car at a set of crossroads in london, which I had nothing to do with, so drove on. I later got questioned by the police for apparently “running this woman off the road”.
I was aware that the original crashed driver was the only person who could possibly taken down my registration from where I was stationary at the lights, and then just pulled away when the lights went green, passing the accident scene (on the left of the crossroad) and just thinking it was a bit odd why this woman was staring at ME as I went by… Perhaps she wanted me to stop, and act as a witness on her behalf? - She obviously wasn’t hurt, and I felt there was no obligation for me to stop in any case. Besides, I hadn’t actually seen this person crash, her being already out and about from the car that had gone sideways into the kerb by the looks of it, wrapping nearside wheels underneath, so not driveable!

I suggested to the police that “witnesses are in cahoots” having been pressed into giving statements by “nurse in distress”, and on comparing statements from no less than SIX of them, they couldn’t agree on multiple “minor” points, like if I was black or white, what kind of truck I was driving, if I stopped or not, or indeed as one “suggested”, that I’d apparently got out and waved my fist in said so-called “victims” face. Since the police were looking at “leaving the scene of an accident” as the main charge against me, the whole lot got dropped - because the witness statements were so obviously full of crap! - EXCEPT they strangely “all agreed on the registration taken” - which I suggested was passed around by said ‘victim’. My vehicle was examined for fresh impact damage or recent repairs, and on nothing being found, my statement that “I had no accident and no impact with said ‘victim’'” was accepted by the police, and no further action would be taken.

The “victim” turned out to be a nurse late for work, speeding along through town, and just got unlucky, involving no other vehicle, whilst playing the amber gambler game. “Trying it on” with the registration of someone stationary in pole position at the crossroad lights as I was - has to be pretty dumb doesn’t it?
Perhaps they thought my employer would always give the member of the public any “benefit of the doubt” over their own driver. Even the most skinflint employer is not going to be doing THAT - surely? :open_mouth:

Your story gives me the shivers. Someone in a job helping people trying to frame an innocent person. Surely that nurse should have been prosecuted for perverting the course of justice, a crime that carries a lengthy prison sentence.

Maybe she was - all I know is the police were satisfied by my conduct, and I never heard from them again over the matter, which happened in the 90’s when I was doing rigid multidrop around London stations.

“Bearing False Witness” is essentially attempting to get someone else into trouble for your own faults. Trouble is, it’s a breach of the 10th commandment rather than a direct breach of any law of the land, other than “conspiracy to pervert the course of justice” and/or perjury - IF it gets repeated in court.

your driver’s union will provide him, without charge, with the services of a solicitor who specializes in traffic matters. this incident, if correctly described should be quickly dismissed.

IF… this accident happened in the first place.

I reckon a realistic scenario would be that as you signalled and pulled out to overtake, the driver of the car behind you was starting to look in his offside mirror to make sure he wasn’t being overtaken and then as he had seen it was safe from behind started to accelerate and pull out to overtake you and the tractor. When his attention was back in front he realised that you had already started your manoeuver. Since his acceleration was way more than yours he had to swerve off the road to stop piling into the back of you.
That would make it your fault in the eyes of most car drivers because they think lorries shouldn’t overtake.

Good luck, I got off with a failing to stop a few years back (someone apperently opened the door of their car into the side of my trailer and blamed me for it :unamused: ) and it’s a hell of a worry when you know you’ve done nothing wrong.

Quackers:
Also the charge is excessive in my opinion - a drive without due care would seem more appropriate to me.
Too many “why’s” here.

But Careless Driving is Driving Without Due Care…

(Section 3 Road Traffic Act 1988)

Roymondo:

Quackers:
Also the charge is excessive in my opinion - a drive without due care would seem more appropriate to me.
Too many “why’s” here.

But Careless Driving is Driving Without Due Care…

(Section 3 Road Traffic Act 1988)

Oh is it? It seems I’ve lost touch with current legislation :slight_smile:

Quackers:

Roymondo:

Quackers:
Also the charge is excessive in my opinion - a drive without due care would seem more appropriate to me.
Too many “why’s” here.

But Careless Driving is Driving Without Due Care…

(Section 3 Road Traffic Act 1988)

Oh is it? It seems I’ve lost touch with current legislation :slight_smile:

Current legislation? The offence was defined in the the 1930 Road Traffic Act!

“S12. Careless Driving:
12.-(1) If any person drives a motor vehicle on a
road without due care and attention or without reasonable
consideration for other persons using the road he
shall be guilty of an offence.”