People can feel victimized or that they are treated like a criminal during these proceedings, and all for what is often a lapse in concentration, or often simply an accident.
Our motoring solicitors are specialists in these cases, and we can regularly save the licences of those accused, often getting prosecutions dropped or dismissed by the magistrates. Our experience goes as far as representing people accused of Dangerous Driving, and Causing Death by Dangerous Driving.
If you are concerned about being charged with careless driving or driving without due care and attention, call us on 24hr Freephone 0808 155 4870 to speak to one of our motoring solicitors, and we will be happy to talk you. We have offices in London, Manchester, Salford & Birmingham and appear in all courts in England and Wales.
Our motoring solicitors’ case studies
Any motoring lawyer can claim to have expertise in different types of motoring case. We have included here a case study to give some idea of how we prepare our cases.
Failing to stop, and failure to report the accident
Our client was a businessman accused of hitting another car at a roundabout, failing to stop, and failure to report the accident to the police. As well as the failure to stop and report the accident, he received a summons for driving without due care and attention.
He was accused of driving into the other car on purpose, then speeding off. As a respected professional person, he vigorously denied this, and we prepared a case that involved numerous character witnesses, as well as commissioning a technical report into the accident which showed that the damage could have been caused by a simple nudge, which he might not even have noticed.
After the first hearing we put our case informally to the prosecution, and they dropped the case against our client.
The Law of Careless Driving Explained
The offence of driving without due care and attention is contained in section 3 of the Road Traffic Act 1998 (known as RTA 1988). It can usually only be heard in the magistrates court.
The Law does not actually state what is meant by the words ‘due care and attention‘, but courts say that the standard of driving has to be that of a reasonable and careful driver. In certain circumstances, the court may look to the Highway Code as a source of advice on what constitutes good driving, but the guidelines in it do not all carry the weight of law.
The following types of behaviour may constitute carless driving:
- tailgating another vehicle
- pulling out in front of a vehicle, creating a risk of collision
- driving inappropriately fast according to the road conditions
- otherwise not paying attention to the road
A similar offence is inconsiderate driving, which includes driving which unreasonably upsets other road users, because it is particularly aggressive or selfish. If a car purposely and repeatedly tailgates, flashes or beeps its horn at another driver, then the charge of inconsiderate driving could be made out.
Driving without due care and attention – likely penalties
Various penalties exist for careless driving and inconsiderate driving. A court must endorse the licence with 3 9 points OR enter a disqualification of a length to be decided by the court, a fine will also usually be payable.
A court, may, with skillful persuasion consider a very short ban as a punishment if points would result in a totting up ban of 6 months or more.
A court should only consider the maximum number of points or a long ban if there has been a lot of damage, or if there have been any other aggravating features, such as other offences committed at the same time. The court may take into account the defendant’s previous driving record, and the effect of a ban on the defendant.
If you have been summoned for or charged with careless driving, and a ban will have a negative effect on you, we recommend getting in touch to talk about your options.
How our service works
Mary Monson Solicitors provides a no-obligation consultation if you are considering hiring a motoring solicitor to help you with a problem.
In order to get a free consultation, please request a call back using the form on this page. Someone from our admin department will listen to your enquiry and either put you straight through to a motoring solicitor or lawyer in the firm, or arrange a time to call back when one is available.
We can send a specialist solicitor dealing with driving without due care and attention at short notice, but a fee will be payable.