Careless Driving

Careless Driving

Careless driving is driving that:

• falls below the standard which would be expected of a competent and careful driver;
• Where it would be obvious to a competent and careful driver that driving in that way would be deemed careless.

For example you could be convicted of careless driving for:

• tailgating
• Pulling out in front of another vehicle
• being avoidably distracted causing the driver to swerve

On conviction, penalties vary depending on the seriousness of the particular offence:

Penalties can include;

• Discretionary disqualification;
• Between three and nine points;
• A fine of up to £5000;
• If you are a “new driver” and have been driving for less than two years and are sentenced so that you accumulate at least six penalty points, your licence would be revoked by the DVLA and you would have to retake your test;
• A driving ban could lead to you losing your job;
• Your insurance premiums will increase following a conviction for careless driving;
• You will now have a criminal record. The conviction will only become spent after the time scales set out in the Rehabilitation of Offenders Act. That means that you may have to inform your current or prospective employers of this conviction.

Sometimes the Police may offer a fixed penalty for careless driving. If you dispute the allegation it is important that you write to state that and that you want to challenge the accusation in court.

Dangerous Driving

Dangerous driving is a very serious motoring offence and if you are found guilty you could face a lengthy sentence of imprisonment. If you are under investigation for dangerous driving it is crucial that you seek advice from a solicitor immediately. Specialist representation at the police interview stage can result in the matter not going to court.

Dangerous driving is driving that:

• falls far below the standard which would be expected of a competent and careful driver;
• Where it would be obvious to a competent and careful driver that driving in that way would be deemed dangerous.

Examples include:

• Driving on the wrong side of the road
• Excessive speeding or racing
• Aggressive driving

Dangerous driving offences can be heard in either the Magistrates’ Court or the Crown Court.

Penalties for dangerous driving can include;

• up to a 2 years imprisonment.
• a mandatory driving ban for at least 12 months, unless Special Reasons apply;
• A fine of up to £5,000;
• for less serious offences, unpaid work in the community or unpaid work in the community;
• A driving ban could lead to you losing your job;
• Your insurance premiums will increase following a conviction
• You will now have a criminal record. The conviction will only become spent after the time scales set out in the Rehabilitation of Offenders Act. That means that you may have to inform your current or prospective employers of this conviction.

We have considerable expertise in representing clients facing accusations of the most serious driving offences where death or serious injury has resulted:

Causing death by careless or inconsiderate driving which carries up to 5 years imprisonment

Causing serious injury by dangerous driving which carries up to 5 years imprisonment

Death by dangerous driving which carries up to 14 years imprisonment

In these kind of cases it is essential that you seek specialist legal representation from the outset. The consequences of being found guilty in these kind of cases are undoubtedly life changing. We will draw on our significant experience to provide you with the best legal representation, to support you through what can be an extremely traumatic process and to defend your liberty. Where appropriate we can instruct independent vehicle examination and collision experts on your behalf and negotiate with the police and prosecution at an early stage in an effort to avoid any charges or reduce the level of charge. If the case does go to court, we will ensure that all necessary evidence to support your defence has been secured and that you have the very best barrister or QC to present your case.