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Help - Driving without due care

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Old 23 February 2004, 09:56 AM
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Carl Harvey
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Default Help - Driving without due care

An American friend has recently been involded in an accident where she admitted she was partly to blame. At the time she was driving on her American licence.

She has now received a summons for driving without due care and attention.

1) Should she go to court or should she accept the sentence?
2) What could the maximum penalty be and do they have the powers to endorse her American license?
3) Should she see a lawyer?
Old 23 February 2004, 11:14 AM
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Amanda-Jane
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Yes she should seek legal advice as she is driving in the UK on her native license. With dangerous driving the court MUST order a minimum disqualification from driving for a minimum of 12 months and to resit a test but I cannot see anything in my books about this affecting her US license. Best to seek legal advice on this one and they will advise on whether to appear or not. I personally think appearing is the best way forward.

AJ
Old 23 February 2004, 11:19 AM
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Brendan Hughes
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Can't she claim self-defence under Chapter XII of the UN Charter?
Old 23 February 2004, 11:25 AM
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Carl Harvey
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Thanks AJ

She was summonsed for driving without due care and attention, is that the same as dangerous driving?

Brendan - What????
Old 23 February 2004, 11:26 AM
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Brendan Hughes
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Carl, sorry, just Monday morning flippancy, nothing constructive I'm afraid...
Old 23 February 2004, 11:38 AM
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Amanda-Jane
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Sorry, I misread.

Driving without due care and attention (CD10) has a max fine of £2500, discretionary disqualification and the points can range between 3-9.

Still think she should get legal advice and attend court.

AJ
Old 23 February 2004, 02:55 PM
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lmsbman
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How long has she lived in this country. She can only only drive on her US licence for 12 months. If she stays any longer, she will have to apply for a UK provisional and take a driving test to get a full licence (the us licence cannot be exchanged for a UK licence, unlike EEC countries and a few others).
If she is found guilty, the court can give her 3-9 penalty points, which will be valid if/when she applies for a UK licence.
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