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Careless Driving - Motoring Offence
Careless driving, or driving without due care and attention, means driving below the standard which can be expected of a reasonable, prudent, competent driver in all the circumstances of the case.
Whether someone has driven carelessly is a question of judgment and each case will turn on its individual facts.
Cross examination and assistance from an expert motoring lawyer will be required in order to defend an allegation of careless driving. This is because the case against you will, more often than not, be dependant on eye-witness evidence and accounts from trained police officers.
There are a number of defences that may be put forward to challenge a charge of careless driving. These can include issues of automatism, disputes regarding identification, being blinded by the sun and driving a vehicle with a mechanical defect. We will offer you an assessment of your prospects of succeeding at trial and may use one of our expert witnesses if we feel that it will assist your case.
Penalty
For a conviction of careless driving the punishment is variable and the offence carries 3 – 9 penalty points and a fine of up to £2500.
Magistrates will sentence according to the standard of your driving. The level of penalty points will be those that the Court feels is appropriate to the seriousness of the offence alleged against you.
In extreme circumstances it is open to the Magistrates to disqualify you for the offence and the exact length of disqualification is a matter for the Court’s wide discretion. We will advise you whether disqualification is likely after considering the circumstances of your case in detail and will seek the shortest disqualification on your behalf, if the Court chooses not to impose penalty points.
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