Careless Driving

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Careless Driving

Are you facing a Careless Driving or Driving without Due Care and Attention charge? At TrafficLawyer4u we have over 25 years experience in successfully handling Careless Driving charges. 

Remember, if any potential prosecution to Careless Driving is to be defended successfully, the sooner work begins on your defence the better. Do not be tempted to forget about it and hope it will go away, It Won't. 

When you face an allegation of Careless Driving you really need a skilled advocate acting on your behalf. We do not advise that you try to go toe to toe with a skilled prosecution advocate. Contact us today if you are facing a Careless Driving charge. 

Careless Driving Definition

It is an offence to drive a mechanically propelled vehicle on a road or other public place without due care and attention. (Road Traffic Act 1988 s3)

This motoring offence actually has a very wide definition. The driver does not have to be driving a motor vehicle but any mechanically propelled vehicle and the offence can take place not only on public roads but any other place to which the public has access. As dedicated defence lawyers we will not shy away from questioning, exposing and exploiting any weakness in a prosecution case against any of our clients who face an allegation of careless driving.

Careless Driving - how do the courts decide?

You may ask yourself how do the courts decide if your driving amounts to careless driving. Courts have held that a person will have driven ‘without due care and attention’ if his driving has departed from the standard of care and skill that would, in the circumstances of the case, have been exercised by a reasonable, prudent and competent driver.

It is quite clear that given the wide vehicle definition of careless driving you will need a skilled advocate to argue to a court on your behalf, that the driving in question was of the required standard and does not amount to careless driving (driving without due care and attention).

As in all motoring offence cases it is up to the defence lawyer to carefully examine the prosecution case and exploit any weakness or failings. Also we expertly prepare and present the defendants point of view to argue that the driver is not guilty of careless driving. Clearly given the potential difficulties you should always instruct a traffic offence specialist.

Contact us today for your Free Initial Consultation on 0800 032 5930

Careless Driving Defence

A thorough examination of the facts by an expert may reveal a defence to careless driving. For example there may be circumstances where a person was under some kind of threat or fear that caused him to drive in the way that he did. With a skilled advocate this could amount to the defence of duress, which would avoid a conviction for careless driving.

A driver may lose control of a vehicle due to malfunction of the vehicle. Usually to avoid a conviction for careless driving, an expert engineer would be called by us, on your behalf. This again could avoid conviction for careless driving.

There are also situations out of the control of the driver which cause him to technically be guilty of careless driving but not be convicted. It is a very gray area as to whether ‘necessity’ is a defence to careless driving and you should seek our advice upon this issue.

Careless Driving Prosecution

If you are to be prosecuted for careless driving, this will be heard in the Magistrates Court. To be prosecuted you must be notified of the possibility of prosecution within 14 days of the alleged offence.

When you face an allegation of careless driving you really do need a skilled advocate acting on your behalf. The prosecution have to prove that you were driving and the manner of your driving. As to whether that driving fell below the required standard as to amount to careless driving, will be the subject of much argument in court. We do not advise that you try to go toe to toe with a skilled prosecution advocate. Call us.

If there has been a road traffic accident and this has led to a prosecution for careless driving, the prosecution may call a police officer if he is an accident investigator. In order to avoid a conviction for careless driving not only would we, on your behalf, thoroughly cross examine the officer, but we may also locate and call our expert examiner to counter what an officer is saying.

Do not forget that to obtain a conviction for careless driving the burden of proof is on the prosecution. If we raise a defence on your behalf it is for the prosecution to prove beyond reasonable doubt that it is not good. Expert preparation and presentation by us will make life as hard as possible for the prosecution in this situation.

Careless Driving Penalty

The maximum penalties following a conviction for careless driving are a fine, obligatory penalty points of between 3 – 9 and the court has a power to disqualify at it’s discretion. It is our job firstly to secure an acquittal if possible and, if not, to ensure that any penalty imposed is kept to the absolute minimum.

Contact us about Careless Driving

Contact our expert solicitors today regarding Careless Driving & Driving without Due Care and Attention. Call us direct on 0800 032 5930 or fill out our confidential online enquiry form with the details of your Careless Driving case and we’ll get back to you.

 

FAQ - What constitutes careless driving?

This motoring offence actually has a very wide definition.  The driver does not have to be driving a motor vehicle but any mechanically propelled vehicle and the offence can take place not only on public roads but any other place to which the public has access.  As dedicated defence lawyers we will not shy away from questioning, exposing and exploiting any weakness in a prosecution case against any of our clients who face an allegation of careless driving.
 

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Careless Driving

The careless driving offence actually has a very wide definition.  The driver does not have to be driving a motor vehicle but any mechanically propelled vehicle and the careless driving offence can take place not only on public roads but any other place to which the public has access.  As dedicated traffic lawyers we will not shy away from questioning, exposing and exploiting any weakness in a prosecution case against any of our clients who face an allegation of careless driving.

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Drink Driving Lawyer

Robert Bimpson is wildly acknowledged to be an expert in the defence of drink driving charges. He has been dedicated to the defence of clients since 1989 and his wealth of experience will be used to personally ensure you receive the best advice and the best possible outcome to your case.

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Driving Bans

Wherever, following a conviction under the Road Traffic Act, there is a penalty of an obligatory endorsement of penalty points or an obligatory disqualification we may be able to avoid this for you, if we can establish ‘special reasons’.

The law has very clearly stated what amounts to ‘special reasons’ and this often causes confusion in the mind of the lay person.  We advise that you contact us as soon as you are aware of a prosecution in order that the issue of ‘special reasons’ can be discussed.
In order to establish ‘special reasons’ for not endorsing a licence or not disqualifying it will usually be essential to call evidence to satisfy the court of this.

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Failing to Identify Driver

The Road Traffic Act imposes a strict duty upon defendants to disclose the identity of drivers in these situations.  If you face a prosecution for failure to disclose the identity of the driver, you should contact us immediately.  We recommend that you speak to us prior to signing any documents and you should do this as soon as you receive them.
Just because the law seems onerous and puts strict duties upon people, do not assume that there are no defences to failure to disclose the identity of the driver of a motor vehicle.  There are, and success may well depend upon the speed with which you act when you are prosecuted.  Contact us immediately.

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Failure To Stop

In a prosecution for failure to stop we advise that you contact us immediately.  There is a strict duty upon motorists to stop and provide information, to people who reasonably request it, after an accident involving damage to property or injury to a person.
It is important to note that you can be guilty of failure to stop even if the accident is no fault of yours.
As with lot of road traffic offences, failing to stop is widely defined.  It does not have to involve a motor vehicle as the Act refers to mechanically propelled vehicle.  The definition of ‘accident’ tends to be regarded in a common sense way.  Any ‘injury’ to a person does not have to be physical injury and can even include nervous shock.

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Speeding Ticket

Do not assume that photographic or police evidence cannot be challenged. It can. If you believe that any evidence is wrong, you should contact us immediately.  To secure a conviction, the court has to be sure as to the accuracy of any evidence, that you were speeding. If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction. If the court agrees with the argument you may well avoid a driving ban.

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Why Choose Us?

  • Free initial consultation with a solicitor. You will only ever be advised by a solicitor or barrister.

  • No hidden fees or increased costs. Cost is agreed in advance and will not change.

  • Expert traffic solicitor with over 20 years experience defending the motorist in England and Wales.

  • High success rate. We can get the best possible outcome for you.

 
 
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60-66 Wellington Road, Ashton-Under-Lyne, Tameside, OL6 6DE
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