Many acts behind the wheel can be classed under the offence known as careless driving. Although there are instances of driving without due care and attention cases that involve intentional actions, many occur accidentally with drivers unaware they have committed an offence.
As a result, it is often a shock when you are charged with careless driving, causing feelings of uncertainty and stress. However, by taking the appropriate steps you can ensure that your rights as a driver are protected, and access the support and guidance you require.
Seek legal advice immediately
If you are being suspected as having committed a careless driving offence, your first action is to contact a legal professional with experience and proven success with careless driving cases. Specialist careless driving solicitors can offer expert advice tailored to your individual circumstances. Ensure you consult a solicitor before you answer a court summons or notice as driving offences are often complex, and errors can be time-consuming and costly.
Understand the charges
If charged, you may be informed of your prosecution through a court summons or notice. You may be sent a notice via the mail, or it may be issued by a police officer in circumstances where you were ordered to pull over. In more serious offences, drivers can be arrested by the police and taken to the station. In such cases, you can request to discuss your charge with a solicitor of your choice.
Make certain that you fully comprehend the charges levelled against you. A careless driving offence means that your driving standard fell below that expected of a careful and competent motorist, potentially without regard for other road users. Careless driving examples include running red lights, tailgating, poor lane discipline and distracted driving, among others. An accident does not need to occur for you to face a charge.
Consider your options
Several paths are open to drivers being prosecuted for careless driving. If you have sufficient grounds for a defence, you can fight the charge with legal representation. Your solicitor will attempt to minimise or entirely avoid the penalty. In some cases, you careless driving solicitor may be able to reduce your penalty by negotiating with the court that you can enrol in an educational driving course.
Gather evidence
After enlisting their services, your solicitor will start to gather evidence that supports your defence. Typically, this will include you providing an explanation for your driving behaviour that they can use to build your defence. This may also include video or photos, eyewitness accounts and medical reports that explain your state of mind when the offence happened.
Court representation
There are two main options regarding court representation. You can either select for your solicitor to represent you in the careless driving case, or self-represent with advice from your solicitor.
Important considerations in a careless driving case
A Notice of Prosecution (NIP) is a warning letter sent to identify the driver of an alleged driving offence like careless driving. It informs a vehicle’s registered keeper that they may be prosecuted, and asks who was driving at the time. Even when you decide to dispute a careless driving charge, it is critical that you respond to a NIP within 28 days to avoid facing a fine.
If you are found guilty of careless driving, the court has the power to issue a fine or penalty points on your driving licence, or impose a driving ban. How severe the penalty is depends on the individual circumstances of your case. Incidents that involve injury to civilians or damage to property often carry harsher sentences.
If you are unable to afford a solicitor to hire, you could be eligible to receive legal aid. As mentioned earlier, you can also reduce legal costs by representing yourself in a careless driving offence case, with advice from an experienced motoring law solicitor. Additionally, check if your Certificate of Motor Insurance covers representation from a motoring solicitor. This can reduce the costs of defending against a charge.
If you are currently facing a careless driving charge reach out to our expert team at Auriga Advocates without delay. One of our solicitors will offer you a free consultation and advise on your individual circumstances.