In March I was involved in an accident just outside of my school. I was pulling out to park on the right hand side of the road and a cyclist hit into me and then proceeded to smash into another parked car. The police was called to the scene and the cyclist was taken away in an ambulance. He was out of hospital the same evening so the injury was not as serious as the police thought. My car was taken in for inspection and the front 2 tyres were found to have a tread depth of 1.3mm. I have since been visited by an officer to give an interview and he said that because the cyclist's injury was not as serious as they initially thought and that it was an accident I will not be charged for the collision but will be charged for the tyre tread.
I have now received the court summons paper and the are charging with two offenses of tyre tread. I have read that the maximum penalty is £2500 and 3 points PER TYRE! I was 1 at the time and passed my test in october 2009 so had been driving for less than 5 months at the time of the incident. I am 18 now and have a clean driving record. If I plead guilty should I expect to receive the maximum 6 points as I'm still in the first 2 years of passing my test so 6 points will get my licence revoked. Or will the judge not see this as a very serious case and take this into consideration and lower the penalty?
Please give any advice!
better get plenty of vasaline stocked up pal
Well, firstly, there is no point in pleading anything other than guilty as tyre tread depth is fairly indisputable.
I reckon that there is a good chance that they will take your situation into account - I imagine you will get something like 3 points and a £2-300 fine.
I doubt you'll get the maximum.
Just be as polite and apologetic as possible, as long as you aren't an absolute prick, you should get off lightly.
When I watched some cases in the magristrate's court, the only person to be hit by anything near the maximum fine was this absolute **** who swore at the magistrates whilst they were talking to him.
they may consider it as one offence and give you 3 points rather than 6, + a fine.
how exactly did the cyclist manage to crash into you? did you just pull out without looking properly?
Time to break out the canoe.
More than likely the case will be adjourned for about 4 years and then the case will be dropped. That's the way it seems to go anyway.
How can you not notice the tyres going almost bald anyway? Just wondering... They're the only contact you have with the road so I thought people would be inspecting them and keeping them as fresh as possible.
I would be polite and stress the fact that, though technically you were breaking the law in having such bald tyres, it was simply negligence - in part due to being a new driver - and that you've learnt your lesson. Also, in particular that the actual injury doesn't seem to have anything to do with braking distance - since you were parking (unless I've misunderstood).
You were lucky the cyclist wasn't seriously hurt, even if it was his fault. My friend is facing a prison sentence for dangerous driving because he killed a biker who had no lights on [so my friend says].
You're not much under the legal tread depth minimum anyway (1.6mm) so I doubt they'll throw the book at you. Unfortunate thing to happen though.
Personally I change my tyres long before they get that worn, but the irony is that on a motorbike the minimum legal tread depth is 1mm.
When I first started driving I used to drive the tyres down until metal wire was protruding from the canvas. If I couldn't cut my hand when feeling the tyre tread, they were still okay.
If there is still rubber on them then they're fine.
If there is canvass showing then it's time to start saving.
If the metal wire is coming out, think about getting them changed.
You've failed to maintain the only thing keeping your car in contact with the earth, it's completely your fault and indisputable.
Personally? I hope they throw the book at you.
But I expect they'll go lenient as a first offence.
Hopefully they will be lenient on you if you are nice.
As people have said, you are guilty so should plead it.
I wouldn't mention the accident unless it is brought up- it's irrelevant to the case, which is about the tyre treads, so I don't see why it should be brought up.
Just make sure you show remorse, and stress that you have learnt your lesson.
Courts don't usually have any discretion over the points awarded for motoring offences, no matter how nice or pleading you are. You need to check the precise nature, and perhaps have a chat with a solicitor.