Riding without due care and attention

[chrismeister]

Have to attend an interview about being charged with this.

Overtook long line of cars, got behind tractor, overtook tractor and he turned in front of me and i collided with the front.

Apparently he was indicating, if he was it was when i was alongside him, i didn't see him indicate when i was behind him. Oncoming traffic waved him across into my path, he couldnt have looked in his mirrors.

I took it as 50/50 really, i cba to follow it up but the fuzz are trying to pin it on me.

Personally i just think it was an accident, if the guy had checked his mirrors, he wouldn't have turned, if the guy hadn't have waved him across, i wouldn't have hit him.

If guilty, is it a standard 3 points and 250 fine, is this applicable to my car license / insurance?

How can i pick holes in their argument? I really don't feel it was my fault at all!
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https://www.tartycarper.co.uk

[kerr]

Tbh you shouldnt have been overtaking when there was a junction, you should have anticipated the tractor might have made a turn.
Bes you could hope for really is 50/50 but riding without due care sounds a wee bit harsh.
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[B10Hazard]

Jamie ?
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[Okeydokey]

Did you overtake on a junction?
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[kerr]

[Ingah]

[Billy Balthorpe]

I always thought that if someone turns right in front of you while you are overtaking it was your fault for overtaking on a junction. We all do it, and im not coming the holier than thou bit here, coz i do it all the time, but as far as i know thats how the law see it.
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M.O.B. Successfully taking the piss since 2014.

[chrismeister]

I didnt even know there was a junction there, it was pretty concealed / farm track.

Obviously it doesn't look that good then!

It's just an interview - could you elaborate on the solicitor part? I am a total novice, never had to do this before....
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https://www.tartycarper.co.uk

[1cyl]

Don't even worry about it. Just don't admit to anything and let it pan out, can't see anything worse than a few points and a fine.
might even amount to nothing.
solicitor should steer you.

was there alot of damage to you or tractor? what speed were you?
witnesses etc.
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Chase my Witch up, Catch my Snitch up.
The SMC | The Pit | Stable

[chrismeister]

How do i get a solicitor?

Do I have to pay?

Am I entitled to one?

How do I arrange to speak with one before my interview?

Clueless, I am googling as i type this but there are a lot of people with experience on here.
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https://www.tartycarper.co.uk

[Paulington]

As above, it sounds like you were overtaking very close to a junction which is a massive no-no, for the reasons you've discovered the hard way.

Also shows why you should never wave/flash people to say "Come out in front of me", it makes people rush out and not bother checking mirrors properly.

If you were overtaking on a junction then I'd likely say the blame resides with you, so hoping for 50/50 is the best you can do really, all the best. !
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[Kickstart]

Hi

The bit that would concern me is that you seem to say that the car coming the other way let them across. Which suggests you overtook when something was coming the other way and pretty close.

That said, possible the car coming the other way flashed there lights at you thinking you hadn't seen them and the tractor took that as an invitation to turn across in front of them

All the best

Keith
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[Kris]

[dodgydog]

[Billy Balthorpe]

Get a solicitor, it cost me £66 for a solictor to represent me and i got off with a 28 day ban and £300 fine for 105 in a 50 and 127 in a 70 and no MOT. He even said we should have gone for 21 days but i was happy with the 28 days (it running up to Christmas and all). But i did have a few letters (written by myself on different paper) saying what a fine and upstanding member of the biking comunity i was, and how much work i did for charity, and that this was totally out of caracter for me. All total bollocks of course but it just goes to show what some well formed bollocks can do for you.
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M.O.B. Successfully taking the piss since 2014.

[Rogerborg]

Damn, I was a bit slow picking up on this one. It's pretty much covered above.

[Pete.]

Arrested for driving without due care and attention? I never heard of that.

Anyway, tractors have to slow down a lot to turn, they are big top-heavy lumbering beasts that don't handle like a corsa. Not only that, but on the road they are usually holding a very steady speed (flat out). You say you overtook a long line of cars, obviously being held up by the comparatively slow moving tractor so just how much room was there between the lead car and the tractor you followed that you couldn't tell it was slowing for a turn? Cars coming the other way also don't tend to let them across unless they are coming to a grinding halt because it takes them so long to do everything.

Your story has more holes than a collander TBH, you better come up with something much more convincing coz the cops are going to have several witness statements and they aren't going to be favourable for you.
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[bazablue]

why overtake a tractor where there is a farm/used gateway to a field or a junction???you know they dont look anyway,their lights are crap if working and covered in mud....think about it!

[T.C]

If you have been asked to attend a Police station, then you are being interviewed under caution with regards to the circumstances surrounding your crash and it is your opportunity to explain your side of events.

You are not being arrested, therefore you will not be entitled to speak to the duty Solicitor, and you will not be charged with an offence, if anything you will be reported for summons.

To prove an offence of driving without due care and attention which is a subsection of section 3 of the 1988 Road Traffic act uner careless driving, the prosecution have to prove beyond all reasonable doubt that the standard of driving or riding fell below the standard expected of a "Reasonably Competent" driver.

Based on what you have said here, you are in a rural area surrounded by fields, and a Tractor is ahead of you.

It would not be unreasonable to expect that tractor is likely to want to turn into an adjoining field, and therefore it will be argued that your should have ridden appropriately and taken this into consideration before commiting to the overtake.

It could also be argued that the Tractor driver should also have checked better before committing to the turn, and so there is an argument that the tractor driver is also guilty of a section 3 offence, but based on the account you have written here, there is probably sufficient evidence to secure a conviction, bearing in mind that there will be additional evidence that will have been available at the time of the crash

I have obtained convictions for careless driving for exactly the same situations, but I have also reported the driver of the vehicle turning right, so in a way it can be argued that it is a 50/50, but both guilty of the offence.



And yes, the points
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[pork6156]

[superstacker]

[Rogerborg]

[lydanial]

Something I just picked up on,

If the car Flashed the tractor to turn in (ie a lot of oncoming traffic so giving him a chance to get across), then surely the tractor MUST of been indicating to turn otherwise how would mr oncoming car have known he wanted to go.

[EazyDuz]

[dodgydog]