Careless Driving Offence Your options
At Parnell and Peel we have been specialising solely in motoring offences for over 16 years . With an expert team of specialist motoring solicitors and an extensive track record of clients helped we can help you with your motoring offence . In this short article we aim to cover the main points in relation to careless driving including : your options , the penalties and defences to a careless driving offence .
What is a careless driving offence
An offence of careless driving is constituted by driving without due care and consideration and is committed when a motorist falls below the standard threshold of a competent safe driver. Examples of careless driving can be :
overtaking on the inside
driving too close to another vehicle
driving through a red light by mistake
turning into the path of another vehicle
the driver being avoidably distracted by tuning the radio, lighting a cigarette etc
flashing lights to force other drivers to give way
misusing lanes to gain advantage over other drivers
unnecessarily staying in an overtaking lane
unnecessarily slow driving or braking
Differences between careless driving and dangerous driving
Careless driving is simply driving below the standard minimum expectation of a safe driver offences of careless driving are less severe compared to dangerous driving. Dangerous driving is when a motorist drives in a careless and dangerous way . An example of careless driving would be running a red light whilst distracted whilst an example of dangerous driving would be driving at 120mph in a 40mph zone whilst above the alcohol limit .
Penalties and consequences of a careless driving offence
For careless driving or driving without due care and attention offences police have the ability to hand out £100 fines instantaneously as well as 3 penalty points for the offence. But the penalties faced entirely depend on the severity and circumstances surrounding the case . Serious offences could result in a fine of up to £2500 and a driving disqualification .
If you are involved in a road collision and it is fatal you could be prosecuted for causing death by dangerous driving. Resulting in a prison sentence of up to 5 years , driving disqualification and unlimited fine .
Careless driving sentencing guidelines
The sentencing guidelines are used by the magistrate or judge in order to decide the correct penalty for a criminal charged with an offence and help the magistrate/judge reach an informed decision.
Sentencing for careless driving can be broken into 3 stages :
Category 3 - low responsibility but harm caused.
Category 2 - Either Higher responsibility and lower harm caused or lower responsibility and more harm caused
Category 3 - High responsibility and large amounts of harm caused .
Responsibility is determined by aggravating factors present such as distractedness , speeding , the motorists behaviour etc
Harm caused is determined by factors such as the level of pedestrians present , damage to third parties such as buildings or vehicles.
Penalties for Categories
Category 3 - Low fine , 2-3 penalty points.
Category 2 - Medium fine and 5-6 penalty points.
Your options when accused of careless driving
When charged with careless driving you may be pulled over by a police officer and presented a FTN to pay or may be notified with a letter at a later date . To assess your options in terms of a careless driving offence it is adamant to consult a specialist motoring solicitor before disputing or accepting the offence . At Parnell and Peel we have specialised in motoring offences for over 16 years helping thousands of motorists in their cases . To see where you stand in terms of your offence contact us now at 0330 341 1690.
"I was charged with Drink Driving, and the case looked hopeless, Abdul reassured me, and the CPS offered no Evidence. Abdul is certainly an Expert in Drink Driving and his handling of the case was outstanding"
"I was charged with drink driving and my case looked hopeless. There was witness evidence and forensic evidence. From my first meeting with Abdul he reassured me that we could win the case. Abdul was fantastic and the end result is that I am a happy man as I have kept my driving licence and my job."
"I would like to thank Abdul for his support and professionalism through a difficult phase in our lives.The outcome was the best of what we could have hoped for and would recommend your service to others if needed."
"After an extremely stressful 4 months I am delighted with the outcome . Abdul represented me through-out and was always there to support me when the panic took over and delivered what was discussed at our very first meeting. I cannot thank Abdul enough for all his hard work and helping me keep my driving licence. , I wouldn’t hesitate recommending them to friends and family. Many Thanks."
"I am grateful to Abdul and team. I have avoided conviction for failure to provide despite what seemed to be overwhelming case against me. I am absolutely delighted as my driving licence was everything and I stood on the verge of losing everything. Keep up the good work ."