Careless Driving Offence Solicitors
A person is guilty of a Careless Driving offence if the standard of their driving was below the standard of driving expected of the competent and careful driver. An objective test is used when deciding the expected standard. The Prosecution must take into account not only the circumstances that the driver could be expected to be aware of, but also any circumstances shown to have been within the driver’s knowledge.
The sentencing implications for a conviction of careless driving are much less than those of Dangerous Driving. The maximum sentence is a fine of up to £5,000 coupled with 3 – 9 penalty points or a disqualification. The Court must impose such a sentence unless special reasons can be shown.
Dangerous Driving Offences
Dangerous Driving is the most serious (non-fatal) road traffic offence that a motorist can face. The potential custodial sentence reflects this as the Courts can impose a sentence of up to two years. They can also impose lengthy disqualification periods and extended re-tests when a motorist eventually reapplies for their licence.
The Prosecution needs to show that the driving shown at the time was far below the minimum standard of driving expected of the competent and careful driver and to a competent and careful driver, driving in that manner would be dangerous.
Examples of dangerous driving include aggressive driving, racing, ignoring road signs or any form of dangerous overtaking. In certain circumstances, if you are driving fast enough speed alone can amount to a dangerous driving offence.
These Driving Offences need to be taken extremely seriously and you need to seek legal advice quickly. When preparing your defence for any driving offence it is necessary to examine every part of your case including the locus (the accident scene), the route taken, the accident report if relevant and any expert evidence.
We have experts on hand who are experienced in examining and challenging the evidence. Only through thorough and diligent work can you win your case and (in some cases) avoid a custodial sentence.
To speak with one of our Driving Offence Solicitors about your case, contact us for a Free Initial Advice on 01772 424999, email enquiries@solicitordirect.com or use the contact form to the right and we will phone you Free of Charge.
