Driving Without Due Care and Attention or Careless Driving

Driving without due care and attention or careless driving is defined as 'driving below the standard expected of a reasonable and prudent driver in the circumstances'.

The prosecution may say that a person is guilty of this offence if, as is often the case, they believe that the person caused an accident because whilst they were driving they were distracted or lost concentration or misjudged the speed or distance of cars around them or drove irresponsibly.The burden is on the prosecution to prove such a case. If you face such an allegation we strongly recommend that you seek legal advice.

At Motoring Law Defence we can provide expert representation for you in a trial through the use of one of our lawyers. Often cases of this type will depend on witness accounts as to what took place. Our lawyers can cross examine as to the reliability of those witnesses by asking questions as to how far the witness was from the incident and whether there were any obstructions between themselves and the accident. Also they can be asked what the visibility was like and how good their eyesight is. In this way we have in the past often been successful at trials on behalf of our clients who have been found not guilty.

The Penalty

If you are found guilty or are pleading guilty in relation to this offence we can make representations on your behalf to the court as to the type of sentence that you should receive. For driving without due care and attention or careless driving the court can impose between 3 and 9 penalty points on your licence, but the court can also disqualify you for any period and/or until a driving test is passed. In such circumstances where you are facing being sentenced you will therefore need a lawyer to point out to the court how a driving ban will adversely affect you.

Causing Death by Careless or Inconsiderate Driving

This is a much more serious offence which has just become law.

The Penalty

If you are found guilty you may receive a prison sentence of up to 5 years and an unlimited fine. Also this offence carries a mandatory disqualification.

When instructed, your legal representative will carefully assess the facts of your case and recommend the best possible defence available. We strongly urge you seek legal advice if facing either of theses charges.

For expert advice, call us at Motoring Law Defence FREEPHONE on 0808 178 3288

"Defending the motorist throughout England and Wales"