Careless Driving SolicitorsKang & Co have experienced careless driving solicitors available at your call
The offence of Careless Driving / Driving without Due Care and Attention is contained within Section 3, Road Traffic Act 1988
The offence of Careless Driving / Driving without Due Care and Attention is focused towards the standard of driving. Careless driving is committed if the standard of driving falls below what would be expected of a careful and competent driver.
Careless driving 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 proving 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 driver in all the circumstances of the case.
The 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 it’s individual 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 whilst 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 specific 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 was an accident, then this would only be dealt with through the insurance companies. Once the police become involved, the incident is being considered as a 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 disqualify the defendant from driving. In addition to the penalty points or disqualification, the court will impose a fine of an 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 sever 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
- High number of pedestrians or other vehicles
- Offence committed near a school
Even if you are pleading guilty to careless driving, it is still important that you seek expert legal advice. If we are instruct to assist with a guilty plea, our experienced motoring lawyers mitigate on behalf of the defendant and seek to obtain the lowest sentence possible.
Our Careless Driving 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.
Kang & Co Solicitors have expert motoring law solicitors and barristers with considerable experience in defending cases of careless driving throughout the country.
We represent clients for careless driving in Birmingham, Manchester, London, Leeds, Liverpool, Bristol, Wolverhampton, Nottingham, Sheffield, Derby and Leamington Spa.