Penalties:
- A fine of up to £5,000
- 3 – 9 penalty points or disqualification from driving
How we can help you…
Our team of motoring law experts will diligently work towards getting you the best possible outcome from your case.
An initial consultation will allow us to form the most suitable form of action. Although all cases are different, we will be able to give an estimate of the punishment you are likely to receive.
We will carefully examine the case against you and use our knowledge and experience to identify any weaknesses to exploit.
Our team will also look at your situation, and we may try to show that you would suffer exceptional hardship from a ban or hefty fine.
What is Careless Driving?
Careless driving or driving without due care and attention is part of the Road Traffic Act 1988 (http://www.legislation.gov.uk. It is defined as “allowing the standard of driving to fall below that of a competent and careful driver”. The endorsement code issued against your licence is CD10.
Driving Without Due Care and Attention May Include:
- Driving whilst preoccupied
- Poor lane discipline
- Crossing a central white line
- Driving whilst tired / falling asleep
- Mounting a pavement or verge
- Tailgating
- Misleading use of signals such as indicators
- Failing to take account of road signs
- Failing to stop at a ‘T’ junction
- Misuse of headlights
Defence Cases Include:
Defences vary depending on the circumstances of your case, and our specialist advice is essential. However, we often argue that the standard of driving was in fact reasonable and did not fall below the requisite standard. Other defences include:
- Automatism
- Mechanical defect in the vehicle
- Necessity
- Duress
Notable Cases
- We represented a client accused of careless driving. The key witness to the incident was a police officer. Our client pleaded not guilty and proceeded to trial. Expert cross-examination of the prosecution witness was required. A not guilty verdict was recorded and defence costs awarded in full
- A client was charged with careless driving following a collision with a cyclist. The cyclist suffered injuries, including a bleed on the brain. The client relied heavily on his car for work and already had three penalty points on his licence from a separate speeding offence. The Sentencing Guidelines for a person in a collision causing that sort of significant injury are 7-9 points, or for the magistrates to consider disqualification. As the client already had 3 penalty points, this put him at risk of becoming a “totter” (having reached the total of 12 points). After our Solicitor Director Lauren Deacon provided the court with compelling mitigation, the magistrates came away from the Sentencing Guidelines and ordered only 3 penalty points to be endorsed on his licence
