Read our Blog
Follow us on Twitter
Call us on SkypeMotoring Lawyers Online
The No Nonsense - 24 Hour - Emergency Motoring Lawyers
Careless Driving
What is it? Legally defined it is "allowing your standard of driving to fall below that of a prudent motorist". This is a very common offence before the Courts but there is no strict definition of what amounts to careless driving. Basically the Court will consider whether your driving was up to the normal expected standard of a reasonable driver. There are a number of ways that the prosecution may argue that your driving was careless. If there has been an accident then very often at least one of the drivers will be prosecuted for careless driving. If there is only one vehicle involved in the accident then it is likely that the driver of that vehicle will be prosecuted, unless he or she can show that there was a mechanical defect that they weren't and shouldn't have been aware of.
There are lots of examples of careless driving, every case is different. We often have clients tell us after Court that they thought they would be let off because they had read about someone else doing the same thing and being let off. This is why it is important to seek expert legal advice as soon as possible. Every case is different and it is vital you get advice from specialist motoring lawyers to present your case in the best light.
What is the worst that can happen? You could be disqualified from driving. The Court can disqualify you from driving if they find you guilty of Careless Driving even if it is your first offence. The Court can also fine you up to £2500 and impose from 3 to 9 penalty points.
Do I need a lawyer? This is one of the areas where we would say it is essential to get expert legal advice as soon as possible. You will want advice on whether you should plead guilty, and whether there are any defences available to you. Remember that if you have 12 points on your licence within three years then the Court MUST disqualify you - unless you can convince them not to. For many people it is essential that they are able to drive, either for their job or for family reasons. Even if you have no points at the moment if the Court impose the maximum 9 points then if you commit any speeding, red light or other other minor offence within the next three years you will be disqualified. It is therefore essential that you get some advice from a specialist motoring lawyer to keep the points to a minimum.
What can Motoring Lawyers Online do for me? You will get no nonsense advice from us. We do not advise you to plead not guilty unless we are confident that you have a defence. If we think that the Court will probably find you guilty then we will tell you this. We do not advise defending cases on principle. Principles are costly and we want to make sure that you keep your licence.
It is much harder to ask for leniency from the Court if you have pleaded not guilty and they find you guilty. If, however, we believe that you have a defence you can be sure we will do everything we can to ensure the Court finds you not guilty. We will defend your case with vigour and leave no stone unturned. We just believe you need to choose your fight carefully and do not recommend fighting lost causes.
We can represent you in Court, either to defend the case or simply to present it in the best light possible for you. If you want to plead guilty by post, and the Court allow it then we can help you prepare what is called a letter of mitigation. This is a letter sent to the Court explaining the circumstances and putting your point of view in such a way to ensure maximum credit and leniency from the Court. We have years of experience and know how to present a case in writing that will maximise the chance of the Court being lenient.