Any driving that is considered as falling below the standard expected of a careful and competent driver may be considered as careless driving. Careless driving involves driving without due care and attention, although it is not considered to be as extreme as dangerous driving.
If you have been charged with a dangerous driving offence, your solicitor may be able to get the charges reduced to charges of careless driving. Alternatively, you may be accused of inconsiderate driving. Inconsiderate driving is driving that unnecessarily inconveniences or distracts other road users.
Examples of behaviour that might be considered as careless driving include failing to pay full attention to the road because you were;
- smoking a cigarette,
- distracted by the sat nav,
- or changing the channel on the radio.
You only need to lose your concentration for a few moments for your driving to be considered careless.
In order to pursue a successful conviction for careless driving, the Prosecution must be able to prove beyond reasonable doubt that you were driving without due care and attention. They may call on the testimony of expert witnesses to describe how your behaviour affected your ability to drive safely. However, it is possible to bring in expert witnesses of your own to cast reasonable doubt on the evidence which has been presented by the Prosecution.
Punishment of Careless Driving
Careless driving comes with a possible penalty of between 3 and 9 penalty points. The amount of points which are endorsed will depend on the severity of the offence. The judge may also issue a discretionary disqualification if the offence is serious or if the points which are awarded cause the driver to have 12 or more points on their licence. The convicted offender may also be fined up to £2500.
You may be able to avoid a disqualification if you can show the Court that you have any special reasons why you must continue to hold a valid licence.
Causing Death by Careless Driving
In addition to the penalties listed above, if you are charged with causing a death by careless driving, you may be issued with a community order or a prison sentence of up to 3 years. This legislation is relatively new, so the Prosecution do not have a long history of precedent in these circumstances.
Possible Action
Legal teams have a lot of leeway to craft strong defences when there is not much precedent on which to base their cases. We believe that many drivers are being pursued unfairly after they have been in accidents where they displayed minimal fault. Our legal team will do everything within our power to help you to fight for an acquittal if you are charged with causing Death by Careless Driving.