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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 82150
Experience:  Over 5 years in practice.
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My son is 18 and two weeks after passing his driving test

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My son is 18 and two weeks after passing his driving test was overtaking on the motorway when an unmarked police car came up behind him flashing and waving at him. He panicked thinking they might be pulling him over and slowed down but they just wanted to get past. He has now received a notification of a fixed penalty for not driving with due care and attention for essentially going too slowly and getting in their way. We're not too sure what the fine is at the moment but do you think it is worth appealing? Thank you, ***** *****
JA: What are the exact charges? Is this a first-time offense?
Customer: It says for driving without due care and attention and would be a first time offence
JA: Where did this occur? Criminal law varies by location.
Customer: On the motorway
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He is young only just passed his test 2 weeks beforehand. He was not sure what he should do as the car was unmarked.
Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Sometimes I will get back to you very quickly, other times it's going to be longer and possibly hours or overnight

Please bear in mind that it takes me time to type answers and I also have clients and sometimes have to attend court so I may not get back to you immediately.

Sorry for the delay.

If this is driving without due care then the penalty is 3-9 points or a short ban. There is also a fine that is normally 100% of your weekly income.

Can I clarify anything for you?

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.


Customer: replied 13 days ago.
Hi Jo, thanks for your reply. Is there any means of appeal?

You will be summonsed to court if they intend to pursue this.

They don't normally use fixed penalties.

Customer: replied 13 days ago.
Right, so if I understand this correctly, my son will be summonsed to court and will be given the opportunity to defend himself, and then they will decide what the penalty will be?

Yes, that's right.

Customer: replied 13 days ago.
I see, thank you very much, Jo. Best wishes, Caroline

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.

Thank you for trusting Just Answer, and of course me, with your legal problem.

If you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JoC

Thanks again,

Jo C. and other Traffic Law Specialists are ready to help you