Careless Driving Law
Driving Without Due Care
Contact one of our Driving Law Solicitors today.
Call 0208 313 5117 or Make an Online Enquiry with our Driving Law Team
What is Careless Driving?
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 motorist does not have to be driving a motor vehicle but any mechanically propelled vehicle and the motoring offence can take place not only on public roads but any place the public has access to.
The prosecution needs to prove that you have driven “Without Due Care And Attention” and 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.
Driving Without Due Care and Attention is a lesser charge than Dangerous Driving and comes with a punishment of:
- A fine of up to £2,500
- Discretionary disqualification
- Licence endorsement is compulsory and it carries 3-9 points unless there are special reasons
You may find that a Careless Driving charge is brought against you as the result of a Road Traffic Accident where the police have been involved at some stage. But These Driving Law penalties can be imposed on any motorist convicted of careless driving, even if their actions were not deliberate. They could be as the result of a momentary distraction, through lack of experience, even if it didn't result in an accident.
Due to the complexity of this area of law and the wide vehicle definition of careless driving, you should seek the advice of a road traffic law specialist who has expert knowledge in defending these types of cases.
Specialist Careless Driving Law Solicitors - How MTA Solicitors Can Help You!
MTA Solicitors are specialists in motoring law offences with particular, expert knowledge in Careless driving law; Driving Without Due Care and Attention and Inconsiderate Driving Law.
Our dedicated road traffic law solicitors 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. We will scrutinise the prosecution case and work out your chances of success and advise you on whether you should plead Guilty or Not Guilty
Every careless driving 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. 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 necessary we’ll instruct our own Accident Reconstruction Experts and/or Medical Experts to help win your case.
If a guilty plea is the only option we will provide the services of our specialist mitigation team who will ensure you receive the most lenient sentence possible. Our dedicated careless driving law solicitors are on hand to guide you through the right course of action and provide straightforward, clear-cut and realistic legal counsel and assistance.
Free Initial Legal Advice on Road Traffic Law Offences
MTA Solicitors believe in accessible, free legal advice for all. In every case, our initial guidance is completely free and, of course, strictly confidential. We offer a free 15 minute consultation where we will assess your situation, and apply the correct course of action, tailored to suit your needs.
Example of Careless Driving
This is a non exhaustive list of some examples which may amount to careless driving, but the Law does not set out exactly what constitutes as driving without due care and attention:
- Driving too close to another vehicle
- Driving through a red light
- Turning into a minor road and colliding with a pedestrian
- Reading a newspaper or map
- Lighting a cigarette
- Flashing lights to force other drivers in front to give way
- Misuse of lanes to avoid queuing or to gain advantage over other drivers
- Unnecessary slow driving or braking without good cause
Causing Death by Careless Driving
A newer offence of ‘Causing Death By Careless Driving’ was introduced in the 2006 Road Safety Act. This can be defined as an offence where someone with a previously unblemished driving record may be charged with causing death by a momentary lapse in judgement or from careless driving.
Although the penalties are less serious than ‘death by dangerous driving’ you may still be punished by imprisonment for up to 5 years as well as disqualification and a fine. If your case falls in to this category, and unfortunately involves a fatality, you should contact our expert driving law department as a matter of urgency as this requires highly experienced and detailed legal advice, including information on how we can assist you in the proceedings of a Coroners Inquest.
MTA Solicitors LLP, effectively represent clients in the Magistrates’ Court, Crown Court and High Court.
If your only option is to plead Guilty; MTA Solicitors will focus all their attention on mitigation (lessening the severity of the offence) and try 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 will also 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.
Free No Obligation Legal Advice
MTA Solicitors believe in accessible, free legal advice for all. In every case, our initial guidance is completely free and, of course, strictly confidential. We offer a free 15 minute consultation where we will assess your situation, and apply the correct course of action, tailored to suit your needs.
Contact one of our Driving Law Solicitors today.
Call 0208 313 5117 or Make an Online Enquiry with our Driving Law Team
Useful Careless Driving Information Sites