Dangerous Driving Solicitors

If you are issued with a penalty notice for “driving without due care”, you do not have to accept it. There is no direct definition of a “prudent driver”, often meaning that it’s up to the courts to decide whether you have committed an offence or not. Being issued with a penalty is not the be all and end all, you still have the option to take it to a magistrates court to prove your innocence. Once you have received your court summons, it is up to you whether you have legal representation or not.

With our expertise and years of experience, we can carefully cross-examine the evidence to identify any weaknesses that could help you win the case. Our defensive case will be put forward to certify you are not guilty of driving without due care. We offer expert legal advice for all driving offences, good representation is key for a positive outcome.

Dangerous Driving Solicitors

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What penalties could you face?

Penalties for this offence can range small fines to imprisonment, depending on the circumstances of the case. The maximum penalties for careless driving are:

  • £2,500 fine
  • Disqualification from driving
  • Mandatory 3-9 points on your license
  • Up to 5 years imprisonment (in severe cases)

Many defences that are put forward to a magistrate are structured solely around the possibility of a defendant losing their job, should they receive the highest form of punishment available for that crime. As compelling as this argument is, we believe more can and should be done to secure a positive outcome for each client. We will gather evidence given by members of the police force and/or witnesses, searching for inaccuracies across the board.

Dangerous Driving Solicitors

Expert legal advice by email for only £25

Careless Driving Solicitors - What to consider

Whilst many driving without due care offences are deemed as minor, such as talking to a passenger or changing the radio station, some can have catastrophic and fatal results. If you are charged with careless driving resulting in a fatality, the penalties differ and could lead to up to 5 years imprisonment. A good rule is to be completely aware of the charges you face before making any important decisions, and we can be here to advise you throughout the process. 

If there are any mitigating factors to take into consideration, this can reduce your chances of prosecution and decrease the severity of your charge. We can help identify these and use them towards your case.

Careless Driving Solicitors - What counts as careless?

Careless driving falls under section 3 of the Road Traffic Act 1988, it’s purpose is to prevent accidents or other incidents from occurring due to a lack of focus from a driver.

Careless driving covers a broad spectrum of occurrences, which you may not even be aware of. Something as simple as speaking to a passenger can be classified as driving without due care, as well as looking at your sat nav. If you are caught with a poor level of focus, you can be prosecuted as well as served with a fixed penalty notice. 

There are ways to prevent points appearing on your license, or being hit with a thousand pound fine. With a solicitor’s legal advice, many careless driving cases have been dismissed due to inconsistencies with the provided evidence. Whether this be a mismatch of eye-witness reports or a lack of visual proof, we can aid your journey out of court without a penalty.

Careless Driving Solicitors - What counts as careless?

The test of whether the standard of driving has fallen below the required standard is objective. It applies both when the manner of driving in question is deliberate and when it occurs as a result of incompetence, inadvertence or inexperience. Occasionally an accident occurs but there is no evidence of any mechanical defect, illness of the driver or other explanation to account for why the accident happened.

In these cases, a charge of careless driving may be successfully defended on the basis that there is no culpability. The case for the prosecution may be put on the basis that there is a very strong inference that the defendant was driving below the standard expected of a reasonable, prudent and competent driver because of, for example, the fact that a collision resulted.

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FAQs for Careless Driving Solicitors

The penalty points added onto your license for careless driving ranges from 3-9. However, this can be increased depending on the results of your actions. For example, if there was a fatality involved, points added could rise to 11. Get in contact with our careless driving solicitors now for expert advice.

If you have been prosecuted with a careless driving offence, you must share that information with your insurance provider. They may deem you a higher risk and therefore will raise your insurance premiums. If you have 3 points on your license, this could result in a 5% increase of insurance rates, whereas 12 points or over can result in a 90% increase of insurance costs. 

What is the difference between dangerous driving and driving without due care? 

Careless driving is defined as when a driver’s actions fall far below an acceptable standard, ranging from tailgating to talking, without consideration of other drivers. 

Dangerous driving is for more serious offences and often results in heavier penalties for those prosecuted. An example of such would be racing, driving whilst tired, or driving under the influence.

Get in contact with our careless driving solicitors now for expert advice.

Yes. If you are found guilty within the courts of any driving offence it will be added to your criminal record, this includes fines or penalty points. However, if you settle the matter outside of court by agreeing to pay a fixed penalty, then this will not count as a criminal conviction.

Get in contact with our careless driving solicitors now for expert advice.

Careless driving is often considered to be a non-recordable offence, meaning the information will not be stored on police databases and therefore isn’t accessible when someone requests a background check. It is unlikely that this offence will show up on a DBS. Although if your careless driving offence led to a more serious conviction, such as imprisonment, then it would appear on a background check.

Get in contact with our careless driving solicitors now for expert advice.

If you have received points on your license due to a careless driving conviction, they must stay on your record for a minimum of four years from the date of offence.

Get in contact with our careless driving solicitors now for expert advice.

To be convicted of careless driving, certain things will have to be proven. These include ensuring the accused was driving a vehicle, and their standard of driving was lower than expected for a reasonable and competent driver. 

There must also be evidence for the prosecutor to have a strong case, this could include CCTV confirmation or footage from a dash cam, as well as eye-witness reports from both police and passers-by. 

Get in contact with our careless driving solicitors now for expert advice.