I Hit A Lorry From Behind – Due Care Offence

Question:

I am an hgv driver. 5 weeks ago I had an accident running into the back of another hgv. Nobody injured although I was taken to hospital. A WPC came to the hospital and interviewed me after I was discharged. She also breathalised me. I was cautioned and told I could be charged with the offence.

I admitted the accident and told her it was my fault. Now this WPC wasn’t very experienced as she had to keep radioing her station asking what to do. Three weeks after the crash I was contacted by the officer in charge of the case asking why I hadn’t produced my driving licence to the police station.

I told him I hadn’t been asked. He replied asking hadIi not been given a producer.Ii said no, nothing was given to me. He said he would look in to it, also saying this might cause problems. I haven’t heard anything since. Should they have asked me to produce my licence when interviewed at the time of the accident.

Emma Says:

They normally only ask you to produce your licence if you come up on the police national computer or there is some doubt as to your identity.

I wouldn’t get too hung up on that issue. If you get charged with failing to produce your licence then you will have a defence to that charge on the basis that you were never asked.

You are going to be at risk of 3-9 points for the due care matter. Have the police mentioned the driver improvement course as an alternative to prosecution and penalty points?

It may be possible to get you on the course if no one was seriously injured.

Come back to me if you would like my help with this matter. As you are a professional driver I anticipate that you are keen to keep the points off your licence. I help over 90% of my clients avoid summonses at this stage.