What is the law regarding Careless Driving?
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.
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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 03308189825.
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.
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Sentencing Powers for Careless Driving
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.
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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
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Careless Driving:
Acquittal
Mr Reynolds instructed us after he was prosecuted for Careless Driving after the car he was driving was involved in a collision with a cyclist.
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