Careless driving is a serious offence in the UK. It is defined as driving without due care and attention, or reasonable consideration for other road users. This can include a wide range of behaviours, such as speeding, tailgating, driving through red lights, or driving while distracted.
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The penalties for careless driving can be severe. You could be fined up to £5,000, disqualified from driving for up to 12 months, or even sent to prison. In addition, you may also be required to pay compensation to any victims of your careless driving.
If you have been accused of careless driving, it is important to seek legal advice as soon as possible. Here at the London-based Adam Bernard’s Solicitors, our driving without due care offence solicitors have a wealth of experience in dealing with these types of cases. Our motoring offence solicitors help you understand the charges against you, build a strong defence, and fight for the best possible outcome.
Driving without due care and attention is a serious offence in the UK. It is defined under Section 3 of the Road Traffic Act 1988 as driving “without due care and attention, or without reasonable consideration for other persons using the road or place.”
This means that if you drive in a way that falls below the standard expected of a competent and careful driver, you could be charged with driving without due care and attention. This could include driving too fast, driving while intoxicated, or driving while distracted.
Some common examples of driving without due care and attention include the following:
Driving too fast for the conditions is a major cause of accidents.
Following too closely behind another vehicle increases the risk of a rear-end collision.
Driving through red lights.Ignoring traffic signals puts you and others at risk.
Driving while intoxicated.Alcohol impairs your ability to drive safely.
Driving while distracted.Using a mobile phone, eating, or talking to passengers can all distract you from the road.
Failing to indicate. Not signalling your intentions can confuse and lead to accidents.
Driving without insurance.Driving without insurance is illegal and could leave you in financial difficulty if you are involved in an accident.
Driving with a suspended license.If your license has been suspended, you are not allowed to drive. Doing so is a serious offence.
It is important to note that this is not an exhaustive list. Any driving that falls below the standard expected of a competent and careful driver could be considered driving without care and attention.
If you have been charged with the offence on account of any of these activities, get in touch with experienced driving without care offence solicitors at the earliest. Qualified motoring offence solicitors will review case data to see if you can defend the charge or seek reduced penalties.
If you are charged with the offence of driving without due care, you may plead guilty or not guilty. If you plead guilty and accept your fault, you face one of the following three consequences:
You may be imposed with a fixed penalty. This is typically the case only when your violation is regarded as a minor offence.
You are offered the option of enrolling on the National Driver Improvement Course.
Your case goes to trial at the Magistrates’ Court.
Regardless of what type of penalty you face, it is always advisable to consult driving without due care offence solicitors if you are charged. Timely legal guidance and assistance can go a long way towards securing a favourable outcome for your case.
A fixed penalty is imposed when:
Your violation is deemed a minor offence
You plead guilty and accept that you committed the offence
If these conditions are met, you may be imposed with a fixed penalty. Under UK laws, the fixed penalty comprises a £100 fine and 3 penalty points applied to your license.
This may seem like a minor hassle. However, you may be able to instead opt for enrollment into a National Driver Improvement Course instead of the fixed penalty.
Here at the London-based Adam Bernard’s Solicitors, our motoring offence solicitors can help you weigh the pros and cons of all legal options available to you. With the help of our driving without due care offence lawyers, you can decide whether the fixed penalty is a better option for you or whether you should seek to enrol in the National Driver Improvement Course.
This option essentially allows you to bring an end to your charge without facing prosecution. As with a fixed penalty, this option becomes available only if you admit your guilt and agree to make up for it.
However, you may be offered the course only if your violation is a minor offence. You can’t take the course if you have previously completed the same course within the last three years.
If you are allowed the option of enrolling in this course, you must pay a course fee of around £100 to £150. The course only takes around 2 days to complete. Once you complete the course, the charge against you is resolved and the police no longer pursue it.
Even if you haven’t been offered the course but have been charged with careless driving, you may be able to negotiate with the police. Needless to say, it is best to have qualified motoring offence solicitors on hand to persuade the police for this option. This is particularly desirable if the other option is to have your case taken to trial in a court of law.
If your violation is considered a more serious offence, your case will go up for trial. The same happens if you turn down the offer of a fixed penalty or driver course by pleading not guilty.
The case is summarily heard, which means that it goes to trial in a Magistrates’ Court. Typically, the court where the offence takes place has jurisdiction. If your work location or residence is at a considerable distance from this location, you can request to have the case moved to the Magistrates’ Court located close to you.
Once your case goes to trial, you may plead ‘Guilty’ or ‘Not Guilty.’ If you plead guilty or if you are found guilty after the trial, you face stiff penalties. These include a fine of up to £5,000, up to 9 penalty points, and discretionary disqualification. If you are found guilty after pleading not guilty, the court may favour a stiffer sentence.
If you are acquitted or the prosecution withdraws its case for some reason, you are eligible to recover all or a portion of the legal fees.
If your case goes to a trial, you will need the help of experienced driving without due care offence lawyers. With the guidance of motoring offence solicitors, you can put up a robust defence and counter the arguments or evidence put forth by the prosecution.
It is possible to defend a careless driving charge. You will typically need personal injury solicitors by your side to contest the charge brought forth by the authorities.
Here is a look at some common defences in a careless driving case:
Mistaken Identity. It is possible to argue that the police mistakenly identified you as the driver of the vehicle and that you were not operating the vehicle at the time. You will need the relevant evidence to back up this defence.
Fair Standard of Driving. You may argue that you were observing a fairly good and careful standard of driving at the time. In this line of defence, you will need to disprove any arguments and evidence the prosecution may have that paints your actions as careless.
Mechanical Defect. You can argue that a mechanical defect, of which you were unaware and that you couldn’t foresee, caused you to drive the vehicle below the expected standard of driving. You must furnish mechanical reports and other evidence to substantiate it. Driving without due care offence lawyers can help you prepare this defence effectively.
In an automatism defence, it is argued that you completely lost voluntary control of the vehicle for some reason. This reason may be sudden unconsciousness, a sneezing fit, an epileptic fit, or any other factor. Experienced personal injury solicitors can advise you if this line of defence is suitable for your case.
If you have been charged with careless driving, you must consult driving offence solicitors at the earliest. Experienced personal injury solicitors will help you face the charges, explore your legal options, and determine which option you should choose.
Should you plead guilty if you are being offered a fixed penalty? Can you negotiate with the police for the option of a driver’s course? Does pleading not guilty help your case if it goes to a trial?
These are all questions that personal injury solicitors can help you answer.
Here at the London-based Adam Bernard’s Solicitors, our driving offence solicitors have extensive experience in handling careless driving cases. With the help, guidance, and assistance of our personal injury solicitors, you can ensure that you are making the right legal choices.
Get in touch with us today to discuss your case with our driving offence solicitors.
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