Hello my name is ***** ***** I will help you with this.
The case was heard in your absence. What is the charge please?
Do you intend to plead guilty?
So you have pleaded not guilty?
If so on what basis?
The test is this, did your driving fall below that of a reasonable driver.
Given you tried to overtake and there was a dip, I think your driving DID fall below the standard
Clearly the other driver going too fast is mitigation but I do not think it amounts to a defence.
You tried to overtake and there was a dip
This is not the actions of a reasonable and prudent driver
Therefore sadly I do think if you plead not guilty you will be convicted
Ok - if you did not know and did not know the road itself then you may have a claim for not being careless
If that is the case then you can plead not guilty
If it was not signed or not reasonably obvious then you could argue you were not careless
But the test is did your driving fall below that of a reasonable and prudent driver
If you think it did not then you should plead not guilty
Indeed of course you can
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