Careless Driving (Driving without Due Care)
For all RTA enquiries please call us now on : 0207 061 3690
“If a person drives a mechanically propelled vehicle on a road or other public place
without due care and attention or without reasonable consideration for other persons
using the road or place, he is guilty of an offence”
The prosecution needs to prove that your driving fell below the standard expected
of a competent and careful driver. The Highway Code is often used by the courts
as a guide to what constitutes safe or careful driving.
Examples of Careless Driving
Acts of driving caused by more than momentary inattention and where the safety of
road users is affected, such as:
- Driving too close to another vehicle
- Driving through a red light
- Emerging from a side road into the path of another vehicle
- Turning into a minor road and colliding with a pedestrian
- Conduct which clearly caused the driver not to be in the position to respond in
the event of an emergency on the road i.e. tuning a car radio
- Reading a newspaper or map
- Lighting a cigarette
- Talking to and looking at a passenger which causes the driver more than momentary
attention
- Flashing lights to force other drivers in front to give way
- Misuse of lanes to avoid queuing or to gain some other advantage over other drivers
- Unnecessary slow driving or braking without good cause
Our Road Traffic Specialist will first check whether any of the defences apply to
your case, check that the police have followed the correct procedures and if a guilty
plea is the only option we’ll do everything we can to ensure you receive the most
lenient sentence possible.
Possible Defences
- Mechanical defects
- Reduced visibility
- Medical/Health defences
- Road and weather conditions
- The actions of the other party involved in the incident
Every case will depend on its own facts, a slight variation in the particular facts
of the case e.g. visibility, amount of traffic or geography may make a difference
to the outcome of the case.
We are specialists in defending cases of careless driving and our team will quickly
identify the positive aspects of your case and present an effective defence.
Punishment
Cases involving Careless Driving can only be heard in the Magistrates Court before
a Magistrate or 3 lay Magistrates.
It is punishable by:
- a fine of up to £2,500
- discretionary disqualification
- Licence endorsement is compulsory and it carries 3-9 points unless there are special
reasons
If your only option is to plead Guilty we will focus all our attention on mitigation
and endeavour to obtain the lowest sentence possible. We’ll put forward a plea of
mitigation setting out valid and convincing reasons as to why the court ought to
view your case with some empathy, and take those reasons into account before sentencing
you. We shall inform the court of all your personal circumstances to ensure the
Magistrates fully understand what effect a disqualification would have on you.
We’ll also obtain character references for you and submit these to the court, in
advance of the hearing, laying the foundations for a positive result.
We will, of course, keep you informed of every hearing date and arrange the best
representation for you. Through our experience we have carefully selected experts
and barristers who have demonstrated they are the best in the field to defend such
cases. As a result, our road traffic specialist team have achieved a high rate of
success.