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Driving without Due Care And Attention dropped Police Station

We were consulted by a driver concerning an allegation of driving without due care and attention by a motorcyclist wearing a dash Cam video/Go Pro.

Our client was sent a notice by the police under section 172 requiring the name of the driver. Section 172 requires the driver to nominate the person driving on the date of the alleged offence. Our client required the police to provide the footage as well which was provided to him.

Our client was accused of cutting up a rider on a motorcycle on the inside and then speeding off. We viewed the footage repeatedly and established strong reasons against a prosecution. Our client required his driving licence for his livelihood and work.

We consulted our client and advised him on the strengths and weaknesses of the footage. Following submissions by our client having sought advice from us, the matter was subsequently no further action by the police without further time, effort, and costs.

Section 172 of the Road Traffic Act 1988 deals with Failing to Provide Driver Information.

The police must send you a notice of intended prosecution within 14 days and you must reply within 28 days.

The penalty issued for failing to provide driver details is currently six points and fines of up to £1,000.

If dash Cam footage exists the police may send you this to assist with identifying the driver. 

The offence of driving without due care and attention (careless driving) is committed when your driving falls below the minimum standard expected of a competent and careful driver and includes driving without reasonable consideration for other road users. The offence carries up to a £5,000 maximum fine and 3 to 9 penalty points including disqualification. 

 

 

 

 

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