Have you been accused of driving without due care and attention?
Being accused of driving without due care and attention can be very distressing particularly if a conviction may lead to a disqualification. If you depend on your licence for work this will be extremely worrying.
Driving without due care and attention carries penalties of an unlimited fine, 3- 9 points/ a disqualification.
The impact of a conviction is serious and can be devastating for some people.
The police are able to issue fixed penalty notices for driving without due care and attention which many motorists feel obliged to accept.
That depends on the circumstances there are a great number of issues to consider
- Did I drive without due care and attention?
- If I plead NG what are the risks?
- How will I know if my driving would be considered below the required standard?
- Is there a way of persuading the police to deal with me in another way other than prosecution?
- I did not drive in the manner described?
- How can they identify me as the driver they do not know me?
How can you find answers to these questions?
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What will Auriga Advocates do for you?
Our specialist team of solicitors are experts in driving without due care and attention and are here to help you with your initial consultation on the phone FREE.
The offence of driving without due care and attention or driving without reasonable consideration can be dealt with in various ways:-
Fixed Penalty Notice
In many cases you may be issued with a fixed penalty ticket, which will require you to indicate either a guilty plea and paying a fixed fine of £100 and 3 points added to licence. If you do not respond to the fixed penalty notice, are unable to surrender your driving licence for endorsement or indicate that you are not guilty the matter will be processed for the case to go to a court hearing. A court case will increase costs and penalties in the vast majority of cases.
If you are stopped by an officer and are to be issued with a fixed penalty notice it is imperative that you inform him of any possible events that may prevent you responding within the following month so that he can extend the period on the notice for you to respond.
The police will not issue a fixed penalty notice if you are liable to totting under the “totting up” procedure or do not have your licence available for endorsement or your standard of driving warrants more than 3 points or a disqualification.
It is important that you take some action within the time limit indicated on the fixed penalty ticket or it could be a very unnecessary expense. You should have a minimum of 21 days to respond, the guidelines indicate that police forces should give you 28 days so you will have time to contact one of our driving without due care and attention solicitors for the best way forward with your case.
Driver Improvement Course
In some circumstances the police may offer you to take a “Driver Improvement Course” as an alternative to a fixed penalty notice or prosecution. This means that you will avoid any conviction, points or fine. It will also reduce the impact on your insurance premiums.
Even if proceedings have started against you a good Road Traffic Expert may be able to persuade the Police or the CPS to allow you to take the “Driver Improvement Course”, this is rare but in certain circumstances it can be achieved. We can help you improve your chances of being offered the “Driver Improvement Course” if you contact us early on in your case whilst police are still investigating or before the first hearing at court.
SUMMONSED TO COURT FOR A DUE CARE OFFENCE?
If you are summonsed for an offence of Driving without Due Care and Attention you could be receive a Level 5 fine which is unlimited for offences committed on or after 12th March 2015, 3-9 points and a disqualification which is at the discretion of the Court.
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A disqualification for the offence itself will be considered if your driving is aggravated by high speeds, risky manoeuvres such as overtaking when there is on coming traffic and there is a risk to other road users.
The Prosecution have to prove that your driving fell below that of a ‘careful and competent driver’. Sometimes the facts speak for themselves (Res ipsa loquiter) and you could be prosecuted due to the consequences of your driving such as mounting a pavement and hitting a lamppost, such cases need to be properly considered and all avenues investigated before pleading guilty on this basis. Examples of driving without care and attention are:-
- Driving into the back of a car at a roundabout/tailback on the motorway
- Reading a map whilst driving.
- Bumping into a parked vehicle.
- Drinking or eating whilst driving.
- Lighting a cigarette
There is also an offence of Inconsiderate Driving, which is when you drive without reasonable consideration for other road users. This could be driving through puddles splashing pedestrians or failing to dip headlights or driving too slow for the road conditions.
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How can we help?
- We can help at any stage.
- If you have been asked for an interview we can attend with you.
- We can make representations to the police prior to charge to influence whether they charge at all, offer you a fixed penalty or driving course and if charge is inevitable which charges should be proceeded with.
- We can advise you as to whether you should accept a fixed penalty or proceed to court
- If you have recieved a summons we can make representations as to pleading to certain of the offence inviting the prosecution to drop other offences.
- If you proceed to trial we can obtain the defence evidence such as witness statements, maps, photographic/video evidence of the location and expert evidence. Expert evidence is often part of the prosecution case if there has been an accident involving serious injury.
- We can also represent you at trial. Our lawyers are court advocates of many years experience in trial work and could defend your case at court or alternatively we could instruct a barrister who specialises in Road Traffic Defence.
If you allow us to take over the case at the outset we take away the worry and pressure of dealing with the police, prosecution and courts. You can be assured of our best attention at all times.
FOR YOUR FREE CONSULTATION
Mr S – Cheshire was charged with driving without reasonable consideration. The proceeded to the trial date where we made a submission which resulted in the case being dismissed.