Driving without due care and attention (also known as careless driving) covers a whole range of situations; from bumping into another car whilst parking, to high speed crashes on the motorway. At the lower end, the likely penalty can be a fine and a minimum of three points on your driving licence – at the upper end, where the driving is the cause of a death, a custodial sentence is likely.
Many careless driving cases are linked to incidents where a driver is alleged to have failed to stop after an accident. It is essential to exchange details with the other party if you are involved in an accident, or suspect that you might have been. However, if that is not possible, (e.g. there is no one with a parked vehicle) you should report the incident to the police station.
It is equally as important to gather evidence whilst it is available (pictures, video clips) at the scene. These are helpful in showing the resting position of the vehicles; and debris and marks on the road which can indicate the point of impact.
A conviction for careless driving can hang on whether it was your vehicle that crossed the white line or the other party. At Nockolds we have the expertise to review police accident reports and if necessary call upon experts who are able to prepare reports to challenge the prosecution version of events. The service of such a report can result in the allegations against you being dropped before it comes to trial.
Dangerous driving is the most serious driving offence, as aggravated versions result in death. A conviction for dangerous driving will result in a disqualification from driving for at least 12 months and an Order to sit an extended driving test at the end of the ban. Until this has been completed, you will not be able to drive without supervision again.
In cases of dangerous driving the Magistrates Court has the power to decide whether a case is not suitable to be dealt with as their sentencing powers of up to six months prison are not enough. In dangerous driving cases that course of action is not unusual. This means that it is extremely important that you get expert advice from the very beginning.
For further information about Careless and Dangerous Driving please contact our Motoring, Crime and Regulatory Team on 01279 755777 or get in touch with Dan Hart, Solicitor Advocate in our Motoring, Crime and Regulatory Team.