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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice.
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I followed a bus to the junction onto a main road, the bus

Customer Question

I followed a bus to the junction onto a main road, the bus turned right, and I was indicating right, I stopped at the junction as no clear vision till bus had completed his manoeuvre, as I waited, the bus and car passed each other at the brow of the bridge, this car was indicating left, for a long time, 3 cars length away approximately before reaching junction, I looked left and there were no other vehicles, I then looked right, and the car was at the junction still indicating left, and as there is no left turn past my position, until right at the bottom of the town. I then pulled out of the junction, I had nearly reached the centre of the road, when some one drove straight into the drivers front wing of my car, at this point I was unsure where the driver came from, as the only car about was the car that went left, but she didn't go left, she swerved right and my car was written off. She was an elderly lady, and after checking on her, she admitted she left her indicator on after leaving a mini island, I told her not worry, I was more concerned about her health, im 64 this year, and I was very shaken.
Now the police notified me yesterday, im to take a driver awareness course, as i was driving without due care and attention, im gutted, its my first RTA in all my driving years. I feel they are being unjust xx
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this?
Customer: replied 3 years ago.

is it right the police should disregard the evidence i provided with passengers in my car, i had stopped, and the witnesses have lied, the officer on the day said it was not my fault, so how do i make the police recind the due care charge, I am a good driver and its an accident, and my first offence, but they not listening, im not denying i pulled out, and turned right,

Expert:  Jo C. replied 3 years ago.
Well, they can make an offer of an awareness course.

If you take the view that you were not driving without due care and attention then you can refuse the course and take the matter to court.

There is enough evidence for the police to act. Whether its sufficient to prove the case in court is another matter.

The police are not bringing a prosecution on no evidence here though if thats your question. Its not really even weak evidence. It may be evidence that you can undermine but thats not a consideration otherwise than in court.

If you have booked the course already though then its game over unless you are prepared to lose the money you paid upon it. You could do that, take the matter to court and contest it.

Sorry if thats bad news.

Can I clarify anything for you?