What is driving without due care and attention?
Careless driving or driving without due care and attention or careless driving is defined as;
- Driving that falls below the standard expected of a competent driver; or
- Driving that does not show reasonable consideration for other persons using the road or pathways
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.
Examples of driving without due care and attention
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;
- Driving inappropriately close to another vehicle
- Driving through a red light
- Turning into the path of another vehicle
- Colliding with a pedestrian
- Overtaking on the inside
What happens if you get caught driving without due care and attention?
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.
What do you do if you believe you should not be convicted of driving without due care and attention?
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.
What is the penalty for driving without due care and attention?
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;
- Excessive speed
- Carrying out tasks while driving
- Carrying passengers or a heavy load
- Causing injury
- Causing damage to other vehicles or property
- High level of pedestrians or other vehicles
- Location, such as near a school
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.
We can help.
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.