When weather conditions worsen over the winter months there is an increase in road traffic accidents. Many drivers are aware of the problems this can cause in raising the cost of their insurance if they are involved in an accident. However we sometimes forget the criminal prosecutions that can follow these accidents if you are found to be at fault, offences like driving with undue care and attention. In most cases the weather conditions are a significant factor in the accident but this does not prevent the police from deciding that a persons driving was not of the expected standard. Having said this obtaining a conviction for this offence is more difficult than simply charging someone with it, people can, and do raise the defence that the weather conditions rather than their standard of driving were at fault.
It can often be of benefit to have representation or to speak to a solicitor before attending Court or making a plea. It is especially worthwhile if the police are requesting an interview, this is often under the guise of them offering to visit you at your home to allow you to give your version of events. The difficulty with this is that anything said to them can be used to prosecute you at Court and they sometimes request this in cases where they need further evidence to obtain a conviction.
By Alex Garner
- If you are facing a prosecution for due care or any other motoring offences please give us a call on 0845 002 0736 for a free chat about your case.