Careless Driving Offences
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Prosecuted for Careless Driving? When keeping your licence could mean keeping your livelihood make sure you have the best possible representation both in and outside court.
It is surprisingly easy to find yourself prosecuted for careless driving. Some examples given by the police of careless or inconsiderate driving website which could result in prosecution include:
overtaking on the inside.
driving too close to another vehicle
driving through a red light by mistake
turning into the path of another vehicle
the driver being avoidably distracted by tuning the radio, lighting a cigarette etc
flashing lights to force other drivers to give way
misusing lanes to gain advantage over other drivers
unnecessarily staying in an overtaking lane
unnecessarily slow driving or braking
dazzling other drivers with un-dipped headlights
Defined as when driving falls below the standard expected of a competent and careful driver, careless driving is an offence contrary to section 3ZA(2) of the Road Traffic Act 1988.
Careless Driving can only be dealt with in the Magistrates Court. Frequently it is charged as an alternative offence to dangerous driving. If you are accused of Dangerous Driving it is often possible to persuade the CPS to review and substitute a charge of careless driving.
Another linked offence often charged is Using a Mobile Phone Whilst Driving a Motor Vehicle.
Penalties
Whilst a person guilty of this offence can only be dealt with by way of a fine, a court can impose 3 to 9 penalty points and in the most serious cases, can even impose a disqualification.
If you have penalty points already on your driving licence, then the imposition of further points may put you at risk under the ‘totting-up’ provisions.
A person ‘tots’ if they accumulate 12 penalty points and could be disqualified from driving for a minimum period of six months. See Our Guide to Avoiding a Ban – Totting Up.
If you find yourself facing an investigation or prosecution for a motoring offence, please call our offices on our 24 hour helpline on 0203 858 0853.
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