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Careless Driving

Careless DrivingThe law requires you to drive carefully. If you are charged with Careless Driving, you are being accused of driving below the required legal standard of careful driving. It is likely that the driving came to the attention of police because of a collision, an accident or just a near-miss.

It won’t matter if the manner of driving was deliberate or not and you don’t need to have had an accident to face this charge.

The prosecutor will need to prove that

(1) You were the driver; and

(2) Your driving fell short of the standard that is expected of a competent and careful driver.

If you are convicted of Careless Driving, you face having between 3 and 9 penalty points put on your licence. In addition, you will face a fine of up to £5000 (though it is usually significantly lower than this). If the driving is considered very bad, you could be banned outright.

Do you need legal advice? Call 01387 640415

From August 2013, the police can impose a fixed penalty for Careless Driving.  The new Careless Driving fixed penalty is a fine of £100 and 3 penalty points.  A ticket with this fixed penalty can be issued to you at the roadside.  Even if you take the ticket from the police, you still have the choice of whether to pay the fine and take the points, or ignore the fixed penalty and have the matter considered impartially in a court of law.  The police anticipate that a range of driving behaviours will fall under the new Careless Driving fixed penalty regime, including:

This is a complex area of the law. If you have any concerns about your case, please be in touch. There is no charge for our initial discussion and there no obligation to use us: we will clarify where you stand and how you can best move forward.

Careless Driving is a charge brought under section 3 of the Road Traffic Act 1988.  It is a charge brought by the Procurator Fiscal, a public prosecutor in Scotland responsible for a specific area, or “jurisdiction”.  A charge for Careless Driving can cover a very wide range of driving incidents, from serious head on accidents, to relatively minor offences, such as clipping a curb.  The wide range is reflected in the range of penalties available to the court, which can impose from 3 to 9 penalty points.  For the most serious offences, the court can impose a driving ban.  This disqualification is at the discretion of the court.

Some of our clients have been kind enough to leave testimonials for our Careless Driving cases.

“Joe is the man for any driving convictions professional service and nice guy well done big thumbs up .”
Ron Slattery, Hamilton Justice of the Peace Court

“I would advise anyone who has had a summons for a driving offence to get in touch with Joe, I can’t recommend him enough. Last June I was involved in an accident.There were no road markings. I was charged with driving without due care and attention, to cut to a long story short my case was thrown out. Thanks to Joe’s excellent expertise.”
Kenneth Brown, Jedburgh Court

“Many thanks to Joe for sparing my elderly dad an awful lot of worry.  My dad was charged with careless driving.  My mum was blue-lighted to hospital, with my dad following in his own car.  On the way, he hit a pot hole, rolled the car and totaled it.  On top of the worry of my mum, he had this stress as well.  Joe took all that worry away with his helpfulness, understanding, patience, support and total professionalism.  I cannot thank him enough and the outcome was very acceptable. Sincere thanks. “
Carol Alston, Annan

“I was in an accident and accused of careless driving, causing me to lose my car for nine weeks with insurance costs, etc on top. I was accused of this as if I’d do it on purpose! I needed help, and Joe stepped in. Yes I still had to deal with legal fees, however Joe personally spoke things through with the Procurator Fiscal and the facts of the careless driving were presented clearly.  This resulted in my case being dropped. Huge thanks to Joe, and the firm Scottish Driving Law for taking the consequences of a rotten accident and dissolving them.” 
– Carol Street
, Gourock.

“We think that Joseph did a good job in court and got me off lightly, I am grateful for the outcome of the case.”
– Nigel Sheasby, Jedburgh Justice of the Peace Court

“Joe’s knowledge is second to none. I was seriously looking at losing my licence for driving without due care and attention. I walked away with 5 points and a £340 fine. Joe single handedly saved my licence and my livelihood. I couldn’t recommend him enough. Thanks again Joe.”
– Mayson Wear, Dumfries Sheriff Court

“I would definitely recommend Joseph to anyone in my situation. Was involved in road traffic accident and parents got in touch with Joe to get advice as we were unsure of procedures. Joe provided us with excellent advice and representation with an excellent outcome for which I am extremely grateful. Thank you Joe ”
– EM,  Edinburgh Sheriff Court


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