Driving Without Due Care And Attention

"Mr Anderson, how do you plead to the charge of 'Driving without due care and attention?" 

"Not guilty." 

The trial started and PC Robertson took to the stand. Flipping open his daybook, he read out his notes: 22.04, 18th of June 1991, approx. 200m from Junction 10 on the northbound M9, Charles Anderson recorded travelling at 114mph. Confirmed by PC Wilson, and Mr Anderson himself.

Charles Anderson nodded along, visually confirming everything the young police constable had said. Then, he took the stand.

Charles' lawyer spoke to his client. "As PC Robertson was reading out the details you appeared to be agreeing with the facts. Is this correct?" 

"Yes, I agree that on the 18th of June, I was driving towards Stirling at 114mph."

"Mr Anderson, you agree with the officer, but yet you pleaded 'not guilty'. Can you please explain this apparent discrepancy?"

"Certainly. Careless driving is an offence under the Scottish Road Traffic Act 1988 section 3. It is driving a "motor vehicle on a road in a manner that falls below what would be expected of a competent and careful driver” or driving  "without reasonable consideration for other persons using the road". To be  convicted of driving without due care and attention  it must be shown that the driver departed from 'the standard of a reasonably prudent and competent driver in all the circumstances of the case'."

"Mr Anderson, were you driving below the standards of a 'competent and careful driver'?"

"No, I was not. The weather was dry, visibility excellent. Whilst it was after 10pm, the light levels were very good, and the road was empty, apart from PC Robertson's police car."

"Please comment on the speed at which you were driving."

"I freely admit I was driving to the conditions, not the speed limit. However, I have not been charged with speeding, but with driving without due care and attention. I maintain I was driving safely, and within my capabilities."

"Mr Anderson, can you please explain to the court how do you know your capabilities?"

"I am an advanced driving instructor, and I train the Police in high speed driving and pursuit. I also teach officers how to drive in adverse weather conditions. As part of my job, I am required to undergo regular testing to ensure I can drive at speed safely, and with due care and attention."

The Justice of the Peace scowled slight, then cleared her throat. "I think we have heard enough. Mr Anderson, you are free to go. It is clear you are innocent of the charge brought against you. However, I'd like to have a quiet word with PC Robertson about charging a person with right bloody crime!

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Many years ago, a colleague gave me a lift to Stirling each day, and she told me, with great glee of a recent case her husband had defended. The names, times and places have been changed. But there was indeed a man who was charged with driving without due care and attention. He did indeed train police offices in how to drive safely at speed, and the Justice of the Peace was not at all impressed.