Careless Driving: Acquittal
Our Case Study
Nature of the Offence
Mr Reynolds, a driver from Walsall was driving his vehicle when he was involved in a collision with a cyclist. The cyclist sustained multiple cuts and bruises because of the collision and subsequently Mr Reynolds was prosecuted for Careless Driving (Driving Without Due Care and Attention).
A conviction for careless driving can result in 3-9 penalty points being endorsed upon a driving licence and in more severe cases, a driving ban.
As Mr Reynolds was a professional driver and relied upon driving for his income the imposition of penalty points or a driving ban would be detrimental to his career.
Where the Offence Occurred
The offence occurred in Walsall and the trial was heard before Walsall Magistrates’ Court.
Mr Reynolds remembered the incident clearly and explained that he was driving in slow moving traffic in the inside lane and was making a left turn into a side road when the cyclist collided with the passenger side of his vehicle.
Our case was that Mr Reynolds was driving in accordance with the standard of a careful and competent motorist and that the incident occurred because of the actions of the cyclist. The cyclist was undertaking the traffic at speed.
We obtained a statement of evidence from a bus driver who was immediately behind our client and he attended court and confirmed that the cyclist was travelling at speed and she had her head down in the position of a ‘professional Olympic cyclist’
Our lawyers submitted that all road users owe a duty of care to one another and that this incident occurred due to the speed the cyclist was travelling, the fact that the cyclist was not looking ahead and because the cyclist was undertaking lanes of slow moving traffic, rather than careless driving by our client.
The Magistrates’ considered the evidence and found Mr Reynolds not guilty of careless driving.
Names have been altered for client confidentiality reasons
Offences of exceeding the speed limit (speeding) are contained in the Road Traffic Regulation Act 1984 and fall into four classes, namely: Exceeding the limit on a road restricted to 20, 30, 40 or 50mph; Exceeding the temporary limits of 70, 60 and 50mph on roads...
If you have recently been charged with Dangerous Driving under Section 2 Road Traffic Act 1988, understandably you will be concerned about whether you will go to prison for the offence. In this short article, a specialist motoring defence solicitor will answer this...
If you have recently received a Notice of Intended Prosecution (NIP), a Notice of Proposed Driving Disqualification or a Court Hearing for speeding over 100mph understandably you will be concerned and will want to know ‘How long is the ban for driving over 100mph?’...
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.