Driving without due care
CM Solicitors specialise in cases involving charges of careless driving, inconsiderate driving or death by careless driving. If you have been charged with careless driving it is important that you get good advice. CM Solicitors understand that even if you are guilty, disqualification or a fine can cause you hardship and we can help determine if there are any mitigating circumstances that you can bring before the court. We have a history of helping drivers facing prosecution for careless driving.
Driving without due care, or careless driving, is one of three specific classifications of driving offences related to dangerous driving. To be guilty of a charge of careless driving, the prosecution must prove that you were not showing the level of care and attention that should be expected from a reasonable driver.
You may be charged with careless driving if you cause an accident as a result of not paying close enough attention to the road because you were distracted, tired or otherwise preoccupied or performing an allegedly illegal manoeuvre. If, for example, you failed to stop in time because you were lighting a cigarette or changing a CD, you may be charged with careless driving because you were not giving due care and attention to the road and the cars around you. A driver who has caused an accident because he misjudged the speed of another car or failed to notice an oncoming car, cyclist or pedestrian because of poor visibility may be prosecuted for careless driving. Driving without due care is a lesser charge than dangerous driving and comes with a punishment of 3-9 penalty points, discretionary disqualification and a fine and a conviction will invariably affect your insurance premium.
Inconsiderate driving is another charge which relates to careless driving. Inconsiderate driving is road traffic behaviour which can be proven to have inconvenienced other drivers. Tailgating, flashing your headlights or beeping your horn in order to intimidate another driver into speeding up or changing lanes, speeding up through puddles and splashing pedestrians and failure to move out of the overtaking lane are all examples of inconsiderate driving or driving without reasonable consideration for other road-users.
Death by careless driving
The government is currently drafting new legislation which includes a new charge of death by careless driving. This charge would cover deaths resulting from traffic accidents caused by an error of judgement or a lack of due care and attention where there is no proof of deliberately reckless driving. The penalty for death by careless driving will range from a community order to, in extreme cases, a sentence of up to three years imprisonment.
Call CM Solicitors today for a free consultation regarding your careless driving case.
