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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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I was involved in a traffic accident in March on the M42 I

Resolved Question:

I was involved in a traffic accident in March on the M42 I went into the back of someone who apparently stopped for no reason and I couldn't stop in time. It resulted in myself and one other car - my car was written off. At the time the police took my statement breathalysed me and checked my phone all which was clear. I have received a letter requesting I have to attend court on Tuesday charged with driving without due care and attention. I am an area manager so drive 1000 miles a week, I have no points on my licence and obviously need my car for work. This has come out the blue, I did receive a letter requesting that I attend a course when I rang asking for the reason the driver in front of me stopped on a free flowing motorway. I got told to write in I did that heard nothing back just a summons for court. I understand that it is my fault as I went into the back of someone but do I have to attend court and what will I be facing . Kind Regards XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.

Advice what I should do please - do I need to attend court and do I need a solicitor with me ?


 

Expert:  Jo C. replied 3 years ago.
Thanks.

You will be on a summons not on bail so failing to attend court is not an offence. However, if you do not attend court they will deal with the matter if your absence.

You can submit a written plea but probably you don't have time now.

If you don't attend and there are no pleas in writing then they will direct a not guilty plea and adjourn the matter off for a trial which will rack up costs against you.

In fairness, there might be a point that can be taken here. To show driving without due care they have to show that there was some way in which the manner of your driving fell below the standard required which is not as simple as showing that there was a collision.

Either way, you should really attend court to enter pleas.

You don't need a solicitor. You can appear unrepresented. You may not get legal aid for this so you would have to pay privately if you are seeking representation. A barrister under public access will be much cheaper than a solicitor anyway.

Driving without due care carries between 3- 9 points or a discretionary ban and a fine. If its just a damage only collision then probably you would be facing between 3 - 6 points and a fine.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

the other driver has claimed under the insurance for whip lash and bruising etc . would you suggest I take a letter from my company explaining I need my licence for my job ? Having never been to court and such short notice i am panicking about it and when i called the police i was just told the file had gone to the court already?


 


is such short notice normal to attend court ? less than a week and a bank holiday in the way ?


 


apologies for all the questions


 

Expert:  Jo C. replied 3 years ago.
Its fine. You need this information.

You are not going to be banned for a rear end shunt.

However, exceptional hardship is not a consideration here so it really doesn't matter whether your company write such a letter or not except that it would go to mitigation.

Its a fairly standard period of time. Usually people are given about a week's notice.
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