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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'. Motoring Law Defence Solicitors are very experienced at providing representation in Magistrates Courts and Police Stations in relation to this allegation across the South West including Bath, Bristol. Chippenham, Swindon, Stroud, Salisbury, Taunton, Weston Super Mare, Yeovil, Cardiff, Newport, Gloucester, Cheltenham, Reading, Winchester, Basingstoke, Oxford, Southampton, Portsmouth, Bournemouth, Poole and Exeter. 

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. However, the burden is on the prosecution to prove such a case.  If you face a careless driving allegation we strongly recommend that you seek quality legal advice from one of our solicitors at an early stage. 

At Motoring Law Defence we can provide expert representation for you in a trial through the use of one of our solicitors.  Often cases of this type will depend on witness accounts as to what took place.  Our solicitors 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 our motoring solicitors have in the past often been successful at trials on behalf of our motoring clients who have been found not guilty of the driving offence.

The Penalty

If you are found guilty of careless driving or are pleading guilty in relation to this driving offence our solicitors can make representations on your behalf to the Magestrates' 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 driving licence, but the Magistrates' 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 an experienced solicitor 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. The prosecution do not have to show that a defendants driving was the sole cause of death but it does still have to be a cause. Such an allegation may be dealt with in either the Magistrates Court or the Crown Court. Here our specialist solicitors and barristers are particularly skilled at putting forward quality defences in relation to such allegations. These can include showing that the standard of driving hadn’t dropped or showing the driving in question was not actually the cause of the death.  

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. If you are facing such an allegation we would therefore urge you to immediately contact one of our specialist solicitors who will assess the facts of your case and advise you as to the best way forward.

We should also advise that in relation to the allegation of causing death by careless or inconsiderate driving depending on your means legal aid may be available.

 

Representing clients throughout the South West at locations including:
Bath l Bristol l Chippenham l Swindon l Stroud l Salisbury
Taunton l Weston-Super-Mare l Yeovil l Cardiff l Newport l Gloucester l Cheltenham Reading l Winchester l Basingstoke l Oxford l Southampton l Portsmouth
Bournemouth l Poole l Exeter