Careless Driving
Careless driving.
More serious than it looks.
Revised sentencing guidelines have raised the stakes. Discretionary bans are more common, including in first-time cases where no one was injured.
At a glance
s.3 RTA 1988The legal framework
The headline reference for this service is s.3 RTA 1988. After reviewing the facts and the procedural history of your case, I will identify the legislation and caselaw that apply to your case.
The issues I examine
Clarity first.
Then light at the end of the tunnel
The standard of driving is judged against the competent and careful driver. That is a question of fact, and it is arguable.
- Whether the standard fell below
- Momentary inattention is not automatically careless driving. The circumstances have to be examined as a whole.
- The account of other drivers
- Accounts given at the roadside are often incomplete or inconsistent. They repay careful testing.
- Road and weather conditions
- What was reasonable depends on visibility, surface, traffic and the layout of the road at the time.
- Mechanical failure
- A sudden and unforeseeable defect may mean the driving was not careless at all.
- Careless or dangerous
- Where dangerous driving is charged, arguing that the standard reaches only careless can transform the outcome.
- Points instead of a ban
- Where the offence is made out, the argument turns to keeping the penalty to points.
Sentencing and possible outcomes
The court has the power to dispose of cases in multiple ways. The following are a breakdown of most disposal options and what they mean.
| Potential outcome | What this means |
|---|---|
| 3–9 penalty points | Depending on seriousness |
| Unlimited fine | Band A to C of relevant income |
| Discretionary ban possible | Increasingly common on the guidelines |
What to share with me
- Any notice, letter or charge paperwork you have received
- The dates and location of any hearing or interview
- Your account of what happened and any supporting documents
- Photographs, messages, receipts, witness details or other material that may support your account
- Details of your driving record and how a conviction or disqualification would affect other people
- Your main concerns and the questions you want answered
Personal representation
When you instruct me, you deal directly with me. I will ensure that you clearly understand the proposed work and what it will cost.
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Let’s talk them through.
You don’t need all the answers.
Just start with what’s happened.