Careless driving or driving without due care and attention or careless driving is defined as;
If you are found guilty of careless driving a court can impose between 3 and 9 penalty points, or disqualify you. It is therefore a serious matter, and one for which you should always seek specialist advice.
Since August 2013 the police now have the power to offer fixed penalties for careless driving. You do not have to accept a fixed penalty. If you think you have done nothing wrong then you should get in touch to discuss matters properly and take advice on whether to accept. If you decide not to accept that you have the right to reject the fixed penalty and fight the case in court.
If you are prosecuted for driving without due care and attention the prosecution has to prove that your driving fell below the expected driving level of a competent driver, and this has to be proved beyond reasonable doubt. With specialist assistance from our Lincolnshire Motoring Defence Team, you can be sure that you stand the best possible chance of being found not guilty.
All sorts of driving could be said to be careless, from a moment’s inattention to driving into another vehicle or pedestrian. Drivers using mobile phones were often prosecuted for careless driving but there is now a specific offence covering this. Eating or smoking whilst driving, or changing a CD, would all be examples of careless driving. Other examples would include;
If you are caught driving without due care and attention you will either receive a Notice of Intended Prosecution detailing the offence or a summons requiring you to attend court. It is essential that you contact us at this stage so that we can advise you on the steps to be taken.
There can be a fine line between what is classed as an accident rather than driving without due care and attention. If it is an accident then this is normally dealt with through insurance companies. As soon as the police become involved then they are looking at a criminal prosecution and you should receive immediate advice from one of our specialist Lincolnshire Motoring Defence Team.
If you believe that you are not guilty of careless driving then you should deny the offence in court. The prosecution needs to prove the case beyond reasonable doubt. It is best to be represented. Our specialist team have years of experience in cross examining often difficult witnesses and know how to use the laws of evidence to our clients’ advantage. We strongly advise that you do not leave it to chance. Sometimes, we might have to instruct an expert to prepare a specialised report, reconstructing the available evidence and providing a reasoned opinion as to who was to blame for an accident.
You may be able to plead mitigating circumstances, for example, if there was a mechanical fault with your car that you were unaware of at the time of the incident. Although not a defence, this could result in a court dealing with you more favourably.
Driving without due care and attention carries a penalty of either a disqualification, or between 3 and 9 points. You can also be faced with a fine up to £2,500 depending on the nature of the incident.
The worse the driving, the worse the penalty will be. The following will always be seen as aggravating features;
If you are pleading guilty it is still essential that you seek advice. If the court is wrongly of the opinion that any of these factors apply, then the sentence could be much worse than it needs to be.
The prosecution must prove beyond reasonable doubt that your driving fell below the standards of a careful and competent motorist.
If you do not accept that the standard of your driving fell below that of a reasonable driver, we can advise you on the steps to be taken.
We can advise you on the evidence and represent you in court, putting together a strong case in your defence.
Sometimes, an accident can be just that, an accident, and if your driving is not at fault, then we can advise you on the steps to be taken, and represent you at court if it goes to trial.
If you are being prosecuted for driving without due care and attention contact us today at our offices in Boston, Grantham, Lincoln, Sleaford, Newark or Spalding or Click Here to fill out our online form and we will contact you.
Why not download one of our Free documents. Simply click on the link to start the download.
I want to thank you for the incredible amount of work that you have done for me before and during the trial. I can never thank you enough
Thanks to Jan from our Criminal Department
“…It really was great to work with you and it made the whole buying a first house experience a lot easier knowing that I could pick up the phone and speak to someone who actually cared. Chris and I have both said already that we will be sure to recommend you both to any friends or family looking to move.”
Well done Lorraine & Nina
Great feedback for our conveyancing team
Thank you for your tenacity, tact, thoroughness, diligence, accuracy and most importantly results!
Great testimonial for Sophie our Employment Solicitor
In the last few weeks alone, the benefit that our team can offer was encapsulated in some fantastic client feedback which read “I am SO grateful to you for all of your assistance but I hope you know this already…but many thanks again ( and again )”.
Fantastic Feedback for our Employment team
Thanks for the work that you and your staff did in sorting out the sale and purchase particularly given the short time scales. Should anyone ask I will recommend them to you.
A Lincoln Conveyancing Client
‘Prompt action throughout negotiations. Was very impressed how well the sale and purchase was conducted.’
A Happy Conveyancing Client
Thank you for sorting everything for us. Very happy with your service.
Bev Kirk, Conveyancing Team
I would just like to thank you for your hard work and support on our case. Many Thanks
Praise for Jan Povada from our Criminal Defence Team
Bev Kirk provided my partner & myself with an excellent service in terms of Bev Kirk was prompt professional & efficient and always kept us well informed. Highly recommended Thank you.
A Happy Conveyancing customer
Thank you once again for all your hard work. This has been the most testing of purchases and should have been straightforward. Thank heavens we had you acting on our behalf.
Well done Bev Kirk!!
If you would like to try it for yourself simply click on the link below to start a chat with one of our Advisors.Chat Now
Signup for a Free monthly newsletter and we will send you an email every month keeping up to date which changes in the law, whats going on at Ringrose Law and any offers we maybe having.subscribe to our newsletter