Jump to content

Recommended Posts

Evening all,

 

Just wanting to seek advice for my father in law.
 

Earlier this year he was caught driving in the wrong direction of the A10 dual carriageway (don’t ask!). He was in the 2nd lane and fortunately the cars going in the correct direction were in the 1st lane. Once he realised he braked hard and did a 3 point turn to go in the correct direction. Luckily no one was harmed. This was all recorded and reported by an off duty police officer. Don’t think he has any excuse just a really bad mistake.

An intention to prosecute letter was sent through the post which he replied to, unfortunately he used an expired 1st class stamp. The letter came back undelivered many months later.


The police  have escalated this to the courts since they think no one has responded. He has to make a court appearance later this month.

 

Just wanting to know if anyone knows what the most probable punishment is likely to be?
 

He’s worried he’ll lose his license. It’s important he keeps his license as he’s a taxi driver and that’s his only income. He’s had a clean license for the last 5 years. He’s happy to take points/pay a fine as he knows his mistake. 

Any advice welcome also.

many thanks In advance 

Link to comment
https://www.eastdulwichforum.co.uk/topic/350567-road-traffic-incident-advice/
Share on other sites

Sounds like many points and a large fine - the latter usually depends on income.  Obviously all depends on circumstances.  I expect that if this was a Prince Phillip situation he many have been asked to voluntarily surrender his license.  Going to court is quite serious, speed awareness course is the common course of action when drivers have been a little careless.  My only experience on the size of fine was overhearing a bloke saying he was going to go to court to challenge 3 points speeding, doing 80, on the A2.  The points came with a modest fine maybe a 100 quid plus, court was up to £1200.  This was many years ago.

Practice what he is going to say as mitigating circumstances.

  • Thanks 1

Outwith the communications failure were there any other mitigating circumstances - i.e. visibility at the time, confusing signage etc. which might have led him to accidently enter the wrong carriageway? Does he know how this might have occurred?

Clearly when he realised he tried to take the right remedial action. But clearly also he was guilty of the offence, he was driving the wrong way down a dual carriageway, but anything that can be said in mitigation after a guilty plea may lessen the penalties involved. 

If he's a member of a motoring organisation (i.e. AA; RAC) then they I think have legal advisors who may assist (ideally you  need experienced road traffic offences lawyers) and who may be able to present the mitigating case in the best possible light. 

  • Thanks 1

On line suggests 3 points, depends no doubt on circumstances, and how lenient magistrate is regards the size of the fine.  Wouldn't expect there would be any value in paying for legal advice/support unless covered by insurance policy or the like, and unless proper procedure has not been followed probably no value

  • Thanks 1
4 hours ago, Penguin68 said:

Outwith the communications failure were there any other mitigating circumstances - i.e. visibility at the time, confusing signage etc. which might have led him to accidently enter the wrong carriageway? Does he know how this might have occurred?

Clearly when he realised he tried to take the right remedial action. But clearly also he was guilty of the offence, he was driving the wrong way down a dual carriageway, but anything that can be said in mitigation after a guilty plea may lessen the penalties involved. 

If he's a member of a motoring organisation (i.e. AA; RAC) then they I think have legal advisors who may assist (ideally you  need experienced road traffic offences lawyers) and who may be able to present the mitigating case in the best possible light. 

He tells me that the gps location on his phone was bouncing around which confused him, which potentially caused him to miss the road signs. 

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Latest Discussions

    • How on earth can someone like this be allowed to continue as a solicitor? Can't be just be struck off, or the equivalent?
    • There are no road works in front of Cod fellas and yesterday when I requested a stop there the driver went straight past and never stopped untill Avondale Riss. As cars have to stop because of the lights why can busses not do this? 1 minute Bloodly mindedness.
    • These are the smokeless fuels you can burn on a open fireplace in Southwark: https://smokecontrol.defra.gov.uk/fuels-php/england/ https://www.southwark.gov.uk/planning-environment-and-building-control/environment/air-quality/reduce-air-pollution/reduce-smoke
    • Thanks all, our hope was (despite the diminishing estate) he would get on with it.  Progress is glacial, it's been two years since probate was granted, that's two cold and damp winters with no heating, and not surprisingly a pipe burst. He's blames the issues on the estate agent, who separately had a dispute with him, he had a wobbly when one of the beneficiaries spoke to the estate agent.  Separately he said it was the family's fault for letting the property get into a poor condition.  It was dated, but certainly not in poor condition. There are two five star reviews on Google, and five one star: ** WARNING** This solicitor firm has to be one of the worst I have encountered. The solicitor is prehistoric in his practices and will carry out work at his own snails pace, the fax machine he uses gets turned off at 2 pm and its near impossible to get him on the phone. STAY AWAY, YOU HAVE BEEN WARNED, check the solicitors ombudsman, this firm has previous bad practice recorded.   Disgusting under no circumstances use this solicitor.For over 10 years he has not carried out the terms of a Will he has not re-invested money but has retained it.  He writes letters which are pure "Flannel" excuses for doing nothing.  You have been warned   shocking experience, delayed the whole process, told other side solicitors to not contact him as he feels pressured etc. never use.   Not fit for 21st century. No website, no email address, no electronic transfer. Very slow, very little communication.   Was not a pleasant experience dealing with this firm    
Home
Events
Sign In

Sign In



Or sign in with one of these services

Search
×
    Search In
×
×
  • Create New...