Defence Law Solicitors London and Kent
A person drives carelessly if they drive a car or any mechanically propelled vehicle, in a way that falls far below what would be expected of a competent and careful driver, he/she could face a conviction for careless driving.
Although there are situations, such as overtaking on the inside, using a mobile phone while driving, driving through a red light etc, which are more likely to lead to a conviction, other actions are not so clear cut. For example, would the act of blowing your nose whilst you are stationary with the handbrake on or talking to a passenger amount to an offence?
Given the ambiguity, there may be many situations when charges are brought unreasonably. There may also be situations where there is a defence to the charge, such as where the driver lost control of the vehicle due to a mechanical defect or where, as a result of threats of violence the driver drove the way he/she did for fear of death or of being physically injured. The Police may have lied or exaggerated in their account of what happened.
In such circumstances representation is highly recommended as the legal argument which will need to be put to the court can be very complex. We are used to cross-examining police witnesses and ensuring your case is presented in the best possible light.
The penalty for careless driving is a fine and an obligatory penalty of between 3 – 9 points. The court can in certain circumstances disqualify the driver. As a result of “totting up”, the driver may be at risk of losing his/her licence in any event if the imposition of penalty points brings the total number of penalty points to over 12 in any 3 year period.
Where there is a risk of disqualification then we can provide you with representation at court to ensure that the points are kept to a minimum or we can make representations on your behalf where there is a case of exceptional hardship. Examples of exceptional hardship are where a disqualification would result in the loss of a job or a restriction on mobility in the case of a disabled driver.
If you require advice or representation please call 020 8301 4884 or email us using the form to the right of the screen.