Driving a vehicle without due care and attention.

Posted by Tim Williamson on
We acted in a case at Guildford Magistrates Court, Surrey for the offence of driving a vehicle without due care and attention.

Tim Williamson acted for a client in a case at Guildford Magistrates Court, Surrey. Our client was prosecuted by Surrey Police for the offence of driving a vehicle without due care and attention. 

A motorcyclist had complained to the police that our client's driving had been careless whilst his car and the third party's motorcycle were merging onto a motorway. 

This incident was on a Sunday.  Our client maintained that he had not been involved in an accident, which was accepted by the police.  He also contended that the registered keeper of the vehicle had not been warned of the prosecution within 14 days, the Notice of Intended Prosecution having arrived on the Tuesday following the two week cut off point on the Sunday. 

Since there had not been a collision the police were required to comply with the 14 day time limit.  The police prosecuted our client for the offence and the point was taken at the first hearing at Guildford Magistrates Court that our client could not be convicted because the law prevented a person being convicted of careless driving where the registered keeper had not been warned about the prosecution within 14 days. 

The case was adjourned for trial and Tim Williamson filed a written argument on the law at Court and served on the police / Crown Prosecution Service in Surrey.  The Crown Prosecution Service accepted the accuracy of the written argument and discontinued the case before the trial.  The client was extremely pleased to be able to put the case behind him.

About the Author

Tim is a leading Criminal and Regulatory lawyer, who defends businesses and individuals under investigation by the police and regulatory bodies and when accused of criminal offences.

Tim Williamson
Email Tim
023 8085 7372

View Profile