An allegation of careless driving, also known as driving without due care and attention, can only succeed if the prosecution prove that:
- Your driving fell below the standard expected of a competent driver;
or
- That you did not show reasonable consideration for other pedestrians and vehicles on the road.
The penalties for careless driving range from 3 penalty points to 9 penalty points. If the charge is serious enough then it is within the power of the court to disqualify a driver.
It is therefore vitally important that anyone facing a charge of this nature obtains expert legal advice.
The defence of a charge of careless driving will often entail a rigorous and thorough investigation of the facts of the case including the taking of statements from witnesses. It is likely that the crown may seek to rely on the evidence of expert road traffic police officers however at Nationwide Road Traffic Lawyers we too have access to such expertise. We work in close coordination with former road traffic police officers with particular expertise in accident reconstruction and no stone will be left unturned in preparing your defence. Some of the officers we work with have up to forty years road traffic policing experience.
In order to prove that an accused driver drove ‘without due care and attention’ the Crown require to establish beyond reasonable doubt that the driving in question fell ‘below the standard of a careful and competent driver’.
Establishing that a driver drove ‘without reasonable consideration’ is much more difficult insofar as the prosecution requires to prove that other persons have actually been inconvenienced as a consequence of the accused’s driving.
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