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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.

The Defence

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.

The Outcome

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

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Kang & Co Solicitors is a truly specialist high-end law firm providing legal advice and representation for all matters involving Criminal Law, Driving Offences, Transport Law, Pace Interviews, Regulatory Law and Licensing Law.

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 5 Chancery Lane in London and another office in central Milton Keynes. We are frequently instructed by individuals and businesses nationwide.

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