Driving Without Due Care & Attention
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Driving Without Due Care
In order to be convicted of driving without due care and attention, the prosecution must be able to show that your driving fell below the standards reasonably expected of a competent driver, and that you knew that your driving was below this standard. Even the most experienced and careful of driver can suffer a momentary lapse of concentration. In most cases, this may mean straying into another lane, or overshooting a junction, and hopefully with no detrimental effects.
Such incidents can, however, lead to accidents, or they may be spotted by the police. In either instance, it is possible for the police to attempt to convict you for the offence of driving without due care and attention. This is a lesser charge compared to dangerous driving, but the potential of having nine penalty points added to your licence means that you could end up being disqualified under the totting up procedure, and you could find that you have to pay more for your insurance for a number of years.
Defending Your Case
It is possible to submit a defence against this conviction, which could help you to keep your licence and avoid financial fines. Alternatively, an experienced solicitor or motoring lawyer may be able to help you argue that you would suffer exceptional hardship if you were to be disqualified from driving. Otherwise, they will need to prove that you were not guilty of the offence, or that the offence did not amount to driving without due care.
It is now possible for the police to offer a fixed penalty for driving without due care, which is sometimes referred to as careless driving. This negates the need to have to go to court, and you will receive a reduced fine and penalty in exchange. However, you do not have to accept this fixed penalty, and if you want to defend the case and argue that you weren’t guilty of the charge, then you will need to take the case to court and ignore the fixed penalty offer.
Actions That Might Lead To Charges
Driving through a red light, driving too close to the vehicle in front of you, undertaking while on a motorway or dual carriage, or turning into the path of another vehicle at a junction all carry a possible conviction of driving without due care and attention, but the Prosecution must be able to show that your driving fell below the standards that are expected of a safe and competent driver. If they are unable to prove this, for whatever reason, then your case should be acquitted.
A Serious Offence
Driving without due care is considered a serious offence, and some of the most serious incidents can lead to disqualification from driving. Alternatively, you may receive penalty points added to your licence, and if the addition of these points means that you have accumulated a total of 12 points or more over a three year period, then you could be disqualified from driving under the totting up procedure.
Driving Without Due Care
Whether you want to provide a total defence, argue a case of mistaken identity, or argue that disqualification would lead to exceptional hardship, you should use the services of a skilled and experienced motoring conviction lawyer to help build, prepare, and defend your case.