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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 

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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. 

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