Careless Driving: Acquittal
Our Case Study
Nature of the Offence
Mr Reynolds, a taxi driver from Walsall was driving his taxi 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 taxi driver and relied upon driving 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
Useful Articles
What happens at a Traffic Commissioners Public Inquiry?
Traffic Commissioners are responsible for licensing and regulating operators of heavy goods vehicles (“HGVs”), public service vehicles (“PSVs”) including coaches and local bus services. They can also take action against drivers including suspending or revoking...
Will I get banned from driving with 12 points on my licence?
Will I get banned from driving with 12 points on my licence? Penalty points can be imposed against driving licences for a variety of offences such as speeding, careless driving, or using a mobile telephone whilst driving. For drivers who are at risk of receiving...
Legal Loopholes in Driving Offences
Our Birmingham based Driving Offence Lawyers are frequently asked about ‘Legal Loopholes in Driving Offences’ by clients / potential clients and whether we have a Birmingham Loophole Lawyer within our team that can save them from receiving a Driving Ban. In this...
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.
Our Offices
Birmingham Head Office
1 Victoria Square
Birmingham
B1 1BD
London Office
5 Chancery Lane
London
WC2A 1LG
Milton Keynes Office
Exchange House
494 Midsummer Boulevard
Milton Keynes, MK9 2EA
