Careless Driving Defence SolicitorsExpert 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;
- Pulling out in front of another vehicle or cyclist
- Being distracted by something while driving
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From start to finish they kept me in the loop and was very straight to the point which I liked, not leading you on that you get with other firms. One firm I would highly recommend and I would very much be using in the future if needed. Thank you to Mr. Kang and his team .
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I would highly recommend using Kang & Co Solicitors. I received high quality services for the duration of my case, with the right level of honesty and reassurance. All advice provided was extremely clear and Mr Kang always went above and beyond to ensure that I had fully understood any matters discussed.
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I believe Kang & Co Solicitors is based upon transparency, trust and integrity. I can assure you will receive an excellent bespoke service from beginning to end also have some light at the end of the tunnel during a time when the family is at its knees. My sincere regards to the entire Michelin 5* team at Kang & Co.
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We required advice and representation at a Public Inquiry with the Birmingham Traffic Commissioner and appointed Manjinder of Kang & Co after reading an article that he had published on Transport online. He achieved the best possible outcome for us at the Inquiry – our license was not revoked and our fleet was not curtailed.
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.
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
- 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.
AGREED FEE DRIVING OFFENCE LAWYERS
Our Agreed Fees for Motoring Offence cases start from;
£1000 + VAT
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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.
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“I instructed Kang & Co Solicitors to represent my nephew, in a very serious charge brought against him, causing death by dangerous driving.
On Initial advice from Manjinder Kang, he was very courteous and took time to listen and understand what had happened. Mr Kang then guided us through the entire legal process and was so polite and respectful throughout. He was clear and concise in all his very detailed communication with us. His knowledge of any driving matters is second to none.
Mr Kang is very kind, honest and caring but make no mistake he is a tenacious and very stoic solicitor. His work ethics is a cut above the rest. Through 13 months of significant stress, he communicated with us at every step keeping us well informed and up to date. Any questions I had to mind, were responded promptly and in detail. All avenues were explored on discussion of the case. Mr Kang’s unique way of providing analogies gave myself and my nephew a better understanding of his position.
My huge appreciation for the very hard work that was put into my nephews case. I was initially skeptical in instructing an, private criminal defence team and was thinking to obtain legal aid as this was an open option, but the reality is monetary value will always be earned, irrespective of any amounts payable to a private firm. I do not regret instructing them at all, having said that I’m extremely happy with the outcome, it was inevitable my nephew would have faced a custodial sentence, it was a case of how long.
Mr Kang took hold of the case and took it forward day by day. During our regular conferences Mr Kang spent several hours collecting information and understanding the family set up, he listened to the family history, he was interested in what we said and was passionate about getting us a good outcome. He was compassionate, supportive and actually inspirational. Mr Kang gave us such a boost; the boost of hope that we so much needed at a time when the whole family was very low, which helped us fight until the end.
The damage control aspect of a custodial sentence was thoroughly discussed and a clear plan was in place to secure the best possible sentence. That being the lowest range of the sentencing guideline bracket, the defence team including a very experienced barrister, managed to secure just that, having received the best outcome possible, I am forever very grateful for the professionalism and integrity of all involved. The legal team clearly had relevant experience of similar cases and I was very impressed with their knowledge and the detailed attention they brought to the case.
At times I had many questions and would often relay this to Mr Kang, his prompt fast replies would put me at ease. As the case was progressing, a major concern was COVID-19, as due to this we would be restricted in having regular face to face conferences, Mr Kang proactively managed to set up virtual conferences. He was very adaptable and would often provide a solution to any issue brought to the table.
I believe Kang & Co Solicitors is based upon transparency, trust and integrity. I can assure you will receive an excellent bespoke service from beginning to end also have some light at the end of the tunnel during a time when the family is at its knees.
My sincere regards to the entire Michelin 5* team at Kang & Co Solicitor’s.”
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