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Careless Driving Defence Solicitors

Specialist motoring solicitors and barristers for Careless Driving Without Due Care and Attention cases

Brilliant Legal Representation

“I was recently represented by Kang & Co Solicitors for a drink driving charge. From the initial telephone call it was clear that Kang & Co were experts in this field. They provided sound advice and diligently guided me through the process leading up to the court case. Through their legal representation I was able to avoid a community order and receive the best possible outcome for my case .”

Ollie, TrustPilot

Flawless Legal Help

“They had very little time to go ahead with getting all valid documents needed for my case, they were extremely efficient and great at calming me and keeping me updated with my case and it’s details with interviews and courtrooms to appear in, overall great experience with kang and co, I came out with a 2 year suspended sentence instead of a 1 year custodial sentence for GBH without intent. I now get to spend the time caring for my nan and helping with my family’s needs.”

L. Roddis, TrustPilot

Kang & Co Solicitors is a truly specialist high-end law firm providing legal advice and representation for all matters involving Criminal Law and Driving Offences. We are ranked as a top tier law firm by The Legal 500 and Chambers and Partner’s prestigous law guides.

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 330 High Holborn 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

330 High Holborn Kang and Co Solicitors London

London Office

330 High Holborn
Holborn
London
WC2A 1HL

the pinnacle office

Milton Keynes Office

The Pinnacle
Midsummer Boulevard
Milton Keynes
MK9 1BP

Business Hours

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

Meetings at our offices are by Appointment Only

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  3. Careless Driving Solicitors

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 0330 818 9825 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.

Chambers and Partners 2024 Ranked Leading Law Firm

Chambers Top Ranked Law Firm

Our law firm is ranked amongst the top tier of law firms in the United Kingdom with a Band A ranking in the category of Crime (this includes Driving Offences), the highest ranking that can achieved in the Chambers Guide.

Legal 500 Leading Firm

The Legal 500 guide describes Kang & Co Solicitors as being “well adept at tailoring its resources to an individual case and investing heavily for the client. Legal advice is honest and the team always takes into consideration the views of the client.”

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.

AGREED FEE DRIVING OFFENCE LAWYERS

 Our Agreed Fees for Motoring Offence cases with a solicitor start from;

£1800 + VAT

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.

Level of Seriousness
Category 1
Category 2
Category 3
Starting Point
Band C fine
Band B fine
Band A fine
Range
Band C fine
Band B fine
Band A fine
Disqualification / Points
Consider disqualification
OR
7 – 9 points
5 – 6 points
3 – 4 points

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.

Why Choose Kang & Co Solicitors?

  • Competitive Legal Fees

  • Honest Legal Advice

  • National Legal Representation

  • No Obligation Initial Telephone Assessment

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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

 

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 A No Obligation Initial Assessment

0330 818 9825

recent cases careless driving cyclist collision

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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Feedback from our clients is helpful and appreciated at Kang & Co to help our team to continually improve our services.

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Our Offices

Birmingham Head Office

1 Victoria Square
Birmingham
B1 1BD

London Office

330 High Holborn
London
WC2A 1HL

Milton Keynes Office

The Pinnacle
Midsummer Boulevard
Milton Keynes, MK9 1BP

Chambers and Partners 2024 Ranked Leading Law Firm
The Legal 500 Leading Firm Crime and Driving offences

Accreditations, Partnerships and Press

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