kang and co solicitors logo header

Call Us

Business Hours

Monday to Friday
09:00 -17:00

Careless Driving Defence Solicitors

Expert solicitors for careless driving cases.

Our Careless Driving Defence Solicitors have achieved excellent results at defending motorists. These motorists have been investigated or prosecuted for Driving without Due Care and Attention / Careless or Inconsiderate Driving. If you are being investigated because of careless driving, call our specialist Motoring Solicitors on 0345 222 9955 or send us a message via the live chat button in the corner of this page.

What is the Law regarding Careless Driving?

The offence of Careless Driving / Driving without Due Care and Attention are contained in Section 3, Road Traffic Act 1988.

The offence is focused on the standard of driving. Careless driving is committed if the standard of performance behind the wheel falls below what would be expected of a careful and competent driver.

The offence is only committed if a person drives a mechanically propelled vehicle on a road or other public place. If the offence occurs on private land, the prosecution will be unable to secure a conviction.

Burden of Proof

The prosecution must prove beyond all reasonable doubt that the motorist is at fault, this is done by demonstrating to the Magistrates’ Court that the standard of driving at the relevant time fell below the required standard of a careful and competent motorist.

The prosecution will seek to do this by adducing evidence from prosecutions witnesses, cross-examining the defendant and relying upon video footage/photographs.

It is important to remember that the prosecutor is an experienced and skilled advocate that prosecutes motorists on a regular basis, to have a realistic prospect of being acquitted (found not guilty) of careless driving, a defendant needs to instruct an experienced and skilled motoring lawyer to defend the case. This ensures that the prosecution evidence is also critically examined and that the account from the prosecution witnesses is challenged (via cross-examination), this is done by instructing a motoring lawyer to defend the prosecution.

Objective Standard of Care

The test the court will apply as to whether a defendant is guilty of careless driving is an objective test. The prosecution must prove that the defendant has departed from the standard of a competent and careful motor vehicle operator in all the circumstances of the case.

Venue of Trial

An offence of Careless Driving is triable only summarily; this means that a trial would only take place in the Magistrates’ Court.

Examples of Careless Driving Offences

There is no definitive list of what amounts to careless driving, as each case is based upon its facts and circumstances. However, there are some cases which have found the following to be examples of careless driving:

  • Accidentally driving through a red light;
  • Undertaking
  • Pulling out in front of another vehicle or cyclist
  • Tailgating
  • Being distracted by something while driving

What Will Happens if You Are Caught Driving Without Due Care and Attention

If you are caught or suspected of driving without due care and attention, you will either receive a Notice of Intended Prosecution (NIP) detailing the circumstances of the offence or a summons (postal requisition) requiring you to attend court on a specific date at a particular time. It is crucial that you contact us as soon as possible so that our experienced lawyers can advise you on the steps to be taken.

There can be a slim distinction between what is considered an accident as opposed to driving without due care and attention. If the incident in question were an accident, then this would only be dealt with through the insurance companies. Once the police become involved, the incident is being considered as criminal prosecution, and you should receive immediate advice from one of our specialist Motoring Defence Lawyers by calling 03452229955.

Sentencing Powers

If a defendant is convicted or pleads guilty to careless driving, the court can impose 3 to 9 penalty points or a disqualification from driving for the defendant. In addition to the penalty points or disqualification, the court will impose a fine of unlimited value.

Aggravating Features of Careless Driving

If a defendant is found guilty (following trial) or pleads guilty to the offence of careless driving, the court will take into consideration any aggravating factors that may have been present at the time of the offence. Aggravating factors increase the seriousness of the offence and usually result in a more severe sentence being imposed upon the defendant. The following will be seen as aggravating factors of careless driving:

  • Excessive speed
  • Carrying out tasks while driving
  • Carrying passengers or a heavy load
  • Tiredness
  • Causing injury
  • Causing damage to other vehicles or property
  • A high number of pedestrians or other vehicles
  • An offence committed near a school

Even if you are pleading guilty to careless driving, it is still essential that you seek expert legal advice. If we are instructed to assist with a guilty plea, our experienced careless driving defence solicitors mitigate on behalf of the defendant and attempt to obtain the lowest sentence possible.

Our Careless Driving Defence Solicitors

The offence of Careless Driving could potentially result in an outright disqualification due to the nature of the offence, or a totting up disqualification. A charge of careless driving should be taken seriously, and expert legal advice should be sought as soon as possible.

In preparing a case for careless driving, each aspect of the evidence should be considered by an expert motoring law solicitor to identify weaknesses in the prosecution case and whether a defence is available.

Call our Careless Driving Solicitors on 0345 222 9955 for an initial free consultation about your case or send us a message via our form below.

Do You Require A Road Traffic Offence Solicitor?

Kang & Co Solicitors truly specialist solicitors and barristers are experts at defending clients who have been charged with a driving offence or are facing potential punishment.

Call Us For Free Initial Advice

0345 222 9955

yell reviews yellow pages reviews solicitors lawyer
google reviews solicitors lawyers
careless driving solicitors price

 

Request A Callback or Email from a Kang & Co Solicitor

Do you require a solicitor? Please don't hesitate to get in touch with us. Use our quick contact form below and a member of our experienced and professional team of solicitors will contact you as soon as possible to discuss your requirements and your options.

 

Our Offices

Birmingham Head Office

1 Victoria Square
Birmingham
B1 1BD

London Office

5 Chancery Lane
London
WC2A 1LG

Milton Keynes Office

Exchange House
494 Midsummer Boulevard
Milton Keynes, MK9 2EA

Accreditations, Partnerships and Press

We are a leading motoring law firm, covering the entire range of driving offences from contesting totting-up bans, advancing exceptional hardship application and defending drink driving prosecutions through to representing clients in death by dangerous or careless driving cases. Our expert solicitors and barristers are hugely experienced in dealing with all types of motoring offences. We will look at your case in great detail and offer high level representation at Court, giving our clients the best chance possible.

Our Competitively Priced Agreed Fees for Motoring Offence Cases start from £1,000 + VAT

Our Private Criminal Defence Solicitors and Barristers are available to advise and represent you if you are being investigated or prosecuted for an alleged crime. We are experienced in representing professionals and business owners in the Magistrates’ and Crown Court that find themselves facing a Criminal Offence Prosecution. We are specialist Private Crime Lawyers, so all cases are privately funded.

Our Competitively Priced Agreed Fees for Criminal Offence cases start from £1,500 + VAT

|

An exceedingly competent, professional and dedicated practice lead from the front by Manjinder Kang.

In my experience, it is often very difficult to find a professional organisation that truly delivers on their promise of expertise, quality of service, compassion and dedication to their client.

I would not hesitate in recommending Kang & Co Solicitors.  Mr. C Pilkington

|

Amazing service overall. I was impressed with how fast I had responses from emails with any queries or questions.

On the day of my meeting with Kang & Co all options were made very clear and the advice I was given provided the result I wanted!

I highly recommend Kang & Co.

Joseph McBrearty

Kang & Co Solicitors is a truly specialist high-end law firm providing legal advice and representation for all matters involving Criminal Law, Driving Offences, Transport Law, Pace Interviews, Regulatory Law and Licensing Law.

Our head office is located at 1 Victoria Square in Birmingham City Centre and we offer our services throughout England and Wales on a private fee-paying basis. We also have an office at 5 Chancery Lane in London and another office in central Milton Keynes. We are frequently instructed by individuals and businesses nationwide.

birmingham office lawyers

Birmingham Office

1 Victoria Square
Birmingham
West Midlands
B1 1BD

london office lawyers

London Office

5 Chancery Lane
Holborn
London
WC2A 1LG

milton keynes office lawyers

Milton Keynes Office

Exchange House
494 Midsummer Boulevard
Milton Keynes
MK9 2EA

Business Hours

Monday – Friday
09:00 – 17:00
Weekends/Bank Holidays
Closed

  REQUEST A CALL BACK
close slider

kang and co solicitors logo 2018