Specialist Motoring Offences Solicitor with over 35 years’ expertise in this area. Let me help you.
Careless driving is when an individual’s driving falls short of the standard expected of a competent and careful driver.
It is possible to contest the allegation, and given our experience in this area of the law, we can take the necessary steps to protect your licence.
“I was facing 2 charges, namely dangerous driving and speeding at speeds of up to 120mph. Naturally, I was pretty worried. I was put in touch with Paul Donnachie of Donnachie Law. He agreed to represent me.
Long story short, Paul met with someone in the Procurator Fiscal’s office and went over the charges with him. He managed to negotiate the dropping of the dangerous driving charge. And the Fiscal agreed also to limit the speeding charge to “speeds of up to 100mph”.
I tendered a guilty plea to the amended speeding charge and received a fine and 5 penalty points. I was amazed and delighted at the outcome especially since losing my licence would probably have meant losing my job as well. I doubt many other lawyers could have achieved a result like that.”
Penalties for careless driving
Careless driving typically leads to a fixed penalty notice of three penalty points and a £100 fine. However, if the case ends up in court, it is possible to face up to nine penalty points, a fine of up to £5,000 and a disqualification.
What is careless driving?
Careless driving is the general term used to describe driving without due care and attention, and driving without reasonable consideration for other persons using the road or place. To be guilty of careless driving, you must be –
- Driving a self-propelled vehicle on a public road or in a public place, and
- Driving in a way that is deemed to fall short of the standard expected of a competent and careful driver
An accident does not have to happen for you to be charged with careless driving. Rather, the police will assess your driving and decide whether they consider it to be substandard. There are many types of driving incident that could potentially lead to a charge of careless driving, including –
- Driving at excessive speed
- Hogging the overtaking lane
- Weaving in and out of lanes
- Failing to give way
- Driving too slowly so as to obstruct the free flow of traffic
Careless driving is not as serious as dangerous driving, which is when someone’s driving is deemed to have fallen far below the standard expected of a competent and careful driver.
How can we help?
The way a careless driving offence is dealt with usually depends on whether you are willing and able to accept a fixed penalty notice, and the seriousness of the offence.
For example, if you do not have any points on your licence and you are offered a fixed penalty notice, you may choose to accept the points and pay the fine, after which the matter will be over. But if you wish to contest the fixed penalty notice, or you cannot accept the points because you have already ‘totted-up’ nine or more points on your licence, the matter will go to court.
The case may also end up in court if the offence is considered serious or has resulted in a road traffic accident.
Whatever the circumstances, if you are facing a charge of careless driving, we can help. We have a great deal of experience in defending road traffic offences and understand how to succeed in such cases. This can be difficult to achieve this on your own, as you may not be aware of the possible lines of defence that can be used in careless driving cases.
For instance, there may be a technicality that would cause the prosecution case to fail. Often this happens if you are not given notice of intended prosecution at the time of the alleged offence, or within 14 days (although this does not apply if the alleged careless driving resulted in an accident).
Alternatively, you may have a defence that would lead to a finding of not guilty or not proven. Or it might be that a totting-up ban would cause others exceptional hardship, and this may persuade the court not to disqualify you.
We will devise the right strategy for your individual case, applying our skill and expertise to get you the best possible outcome.
Contact us now
If we feel we cannot assist you, we will let you know at the start. If we believe, however, that we can successfully defend your case, we will act on your behalf, working hard to preserve your licence.
Why Choose Us?
- Bringing over 35 years’ experience to help you
- Specialist Court Solicitor
- Featured in Scots Law Times