have you been charged with careless or dangerous
driving?
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careless driving
A momentary lapse of concentration or an error of judgement can
lead to a summons, a hefty fine, up to nine points on your
licence and a disqualification for driving carelessly. The
prosecution must prove that the standard of driving falls below
what would be expected of a competent and careful driver. The court
will consider what would be expected of a careful and competent
driver in a particular case, and will take into account
circumstances that are shown to have been known by the driver,
as well as the circumstances of which the driver could be expected
to be aware. That standard is somewhere between Miss Marple’s and
Michael Schumacher’s. A person is to be regarded as driving without
reasonable consideration for others only if those persons are
inconvenienced by his driving.
It does not always follow that a driver who is involved in an
accident will be prosecuted for careless driving. By the same
token, it is equally true that a driver who is prosecuted, is not
always guilty of a road traffic offence. A critical review of the
evidence in such cases is necessary.
careless driving penalties
Penalties for careless driving are fines of up to £2,500 (£5,000
from 24 September 2007); three-nine penalty points or a driving
disqualification.
careless driving case studies
careless driving allegation in London
Barry Culshaw of the Motoring Offences
team was consulted by a
client regarding a summons he had recieved from Wimbledon
Magistrates' Court alleging counts of careless driving, failing to
stop after an accident and failing to report the accident to the
police. The proceedings had been brought by the Metropolitan
Police. Our client had
maintained that he had not driven carelessly, he
had stopped following a minor collision which had occurred when
engaged in a parking manoeuvre. He had not gone on to report the incident to the
police as the other party involved had refused to exchange
details and was not aware of any damage to the other vehicle.
Barry Culshaw advised the
client to offer a plea of
'not guilty' to all
counts.
The trial was listed before the Kingston
Upon Thames Magistrates' Court. Barry Culshaw obtained
witness statements from two other occupants of the clients motor car, who had witnessed the circumstances
of the incident. Our
client and his two witnesses gave evidence during the
course of the trial. At the conclusion of the
trial our client was
found not guilty on all three counts and he was awarded a defence
costs order.
careless driving while probabtionary driver
S recently instructed the
Motoring Offences team with regard to an allegation of careless
driving. She had pleaded guilty to the allegation by post but the
court required her to attend court in person because it was
considering disqualifying her from driving for the offence. S
was also a probationary driver and if the court had endorsed
her driving licence with six or more penalty points, her
driving licence would have been revoked by DVLA and she would have
had to pass another, more arduous, driving test before being able
to continue driving. She consulted Barry Culshaw initially and was
represented by Tim Williamson at the court hearing. Tim persuaded
the Magistrates not to disqualify her from driving for the offence.
After hearing the mitigating circumstances, the court ordered that
her driving licence be endorsed with four penalty points,
meaning that she was able to continue driving without having to
worry about re-taking her driving test.
careless driving on Barnes Lane, Sarisbury Green
Barry Culshaw of our Motoring Offences team was consulted by M
who had received a notice of intended prosecution and request for
driver details with regard to an incident of alleged
careless/dangerous driving on Barnes Lane, Sarisbury Green,
Hampshire. Hampshire Police requested interviewing facilities of
our client after he had followed our advice and admitted being the
driver at the material time. Barry Culshaw, an experienced road
traffic lawyer drew to the attention of the investigating officer
that the notice of intended prosecution appeared to have been
served on our client outside the 14 day statutory time period. Our
client received a letter shortly thereafter indicating that the
police had decided that no police action would be taken in regard
to the incident.
fatal accident allegation quashed
Mr H faced an allegation of careless driving involving an
accident, in which a motorcyclist died. He contacted Philip
Somarakis of the Motoring Offences team. We sought expert evidence
which we served on the Crown, highlighting that Mr H could not have
been at fault. The proceedings were discontinued against Mr H
before trial.
traffic signals offences
Many drivers have faced an agonising choice when approaching
traffic lights that start to change. Do they brake or carry
on? Evidence of a failure to comply may take the form of a
witness statement from a police officer who happens to see this or
from a camera. Again, these cases are not always clear
cut.
traffic signal offences penalties
A fine of up to £1,000 can be imposed. However, not all
offences result in penalty points or a driving
disqualification. Those that do result in points or a
potential ban include a failure to comply with a traffic light, a
height restriction, a stop sign or parking on a zebra crossing.
traffic signal offences case
studies
failing to stop at a red light
Mr B instructed Tim Williamson in regard to an allegation
of failing to comply with a red traffic light in Portsmouth, which
was brought by Hampshire Police. Mr B denied driving through a red
traffic light as alleged by the two police officers. Upon careful
examination of the officer's witness statements, it transpired that
both officers stated that the traffic lights remained at red for 30
seconds after Mr B had allegedly driven through the red signal. Tim
Williamson obtained witness statements from independent witnesses
and the local traffic management office which demonstrated that the
officers must have been mistaken, because the entire trafic light
sequence lasted for only 18 seconds. This evidence was presented to
the Crown Prosecution Service, who formally dropped the case prior
to the start of the trial. Mr B kept his driving licence and was
awarded his costs.
