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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71056
Experience:  Over 5 years in practice.
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Customer Question

Submitted: 4 years ago.
Category: Traffic Law
Expert:  Jo C. replied 4 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Could you explain your situation a little more?
Customer: replied 4 years ago.

I have been accused of driving without care & attention by police and asked to attend the speed awareness course which i rejected as it was very unfair and they sent me a letter that i will be prosecuted for driving without care & attention for rejecting this course.


this is about accident that happened on September, i was approaching a mini round about it was clear and i had right of way,i saw the driver on my left hand stopped at first and then suddenly emerged into roundabout as i was entering it , i braked sharply and tried to steer as fast as i can to the speed when entering round about was around 20 miles per hour.


I spoke with technical negotiator of this case who is judging the case for two insurance company, she said the accident would be the other driver's fault but now that police intervened and asked me to attend the course things could be different. she also said this is very odd that police gets involved like this and she doesn't understand why police taking this action.


police told me over the phone that they decided i am at fault here based of 3 factors below


1. independent witness: this is a driver at the other side of round about which on my opinion is main cause of accident as he advised the other driver which was on his right hand side to enter the round about ( he also said this to police) and he also have said that because i was driving too fast i couldn't stop and hit the car!!. the driver that was involved in the accident first said sorry to me and said the witness just asked her to proceed to round about but( which means she did not look at her right side at all) then witness start shouting at me this is your fault as you were driving too fast then both of them get abusive and police called to the scene. it was also clear to me that this two know each other from the way they behaving

( my question is that can he be independent witness when he told the police that he asked the other driver to proceed to roundabout , as far as i know drivers must not instruct the other motorist of how to drive and this witness clearly involved in this accident and in fault)



2. skid mark , police saying skid mark shows that i was possibly speeding, the skid mark can not be more than 3 or 4 Meter long and also i was steering as hard & fast that i could to the left and i am sure that my speed was less than speed limit 30 miles per hour.


my question i: does the court accept this as a proof from police? there was only one police officer involved in this, i have to say that she was also totally one sided, looking at the names she already had took her decision before coming to the scene the first thing she said when she came to the scene was this is my fault cause i hit the back of the other car( i did actually hit it in middle , rear passenger door) and also she made me wait for nearly 20 minutes as first she spoke with other driver & her passengers & witness, I was the last person she interviewed and i didn't saw she took any look at skid mark, she also interviewed other car's passengers but didn't want to talk with my passenger at the end of her questions she also said that i can go and she is not going to arrest me today!!!)


3.damage to other vehicle's car: again police saying that damage to other driver's car suggest that i was speeding, the damaged is only to rear passenger door of the vehicle, my vehicle had very cosmetic issue and was fixed quickly & back to road.


my question : again, how court is going to look at this, i was steering to the left when accident happened so this could have made impact a bit more, in my opinion kind of damage to her car door can happen in 15 miles per hour how this could be a proof that i was speeding? also there was no injury to anyone at the scene but all passengers of other car made whiplash claim it was a minor accident and me & my passenger did not had any issue or problem and no claim made on behalf of us.


finally do you think i need a solicitor for this matter? is there anything else that you think will help me to prove that i am not at fault here?


Thank You




Expert:  Jo C. replied 4 years ago.

On your specific points

1. No witness is really ever fully independent. Clearly this is a biased witness but that doesn't mean his evidence will not be believed. Since he was not the other party to the accident the court is likely to treat him as credible.

2. Yes that will stand up I'm afraid and it does tend to suggest speeding. There's no way a court is going to accept that a police officer is untruthful on this point. They are sometimes but not over things like collisions.

3. I'm really sorry but that is fairly strong evidence against you. To prove driving without due care they have to show that there was some form of fault so its not as simple as just proving the accident. However of the damage was to their door then clearly you must have struck them. I think they are probably arguing that the skid marks combined with the damage prove the speeding.

I'm not sure its really a driving without due care though. I suppose an accident made worse by speeding is technically capable of being a driving without due but without some other clear fault I'm not sure its likely to succeed.

Can I clarify anything for you?