Challenging a driving without due care and attention charge

Driving without due care and attention – better known as careless driving – is when the standard falls below that of a competent and careful driver.

The penalties vary, a police officer may give you a warning, or issue a fixed penalty ticket, or you could be summoned to court where you could get an unlimited fine or be disqualified from driving.

However, drivers who feel they aren’t guilty and shouldn’t be charged should seek specialist legal advice.

Our team of motoring lawyers have substantial experience in reviewing and testing cases at court and in the police station, resulting in a consistently high success rate.

Charles Cronin, solicitor within the criminal law team at Stone King, was recently involved in a case where a driving instructor was charged with careless driving after a police officer asserted that their cars came into close contact while the officer was driving to work.

The officer accused the motorist of driving dangerously close behind him and engaging in a dangerous overtaking manoeuvre.

The driving instructor denied these allegations asserting that the police officer was lying.

A conviction for this offence would have most likely resulted in the driving instructor losing his job and career, impacting himself and his family.

However, Charles reviewed the evidence and asked the Crown Prosecution Service to review the case considering all the available evidence and not just the officer’s word.

In fact, the word of the officer held until trial where the court considered all the evidence.

Dashcam footage assisted in proving the officer had not been truthful and the officer himself admitted to poor conduct when challenged in court by Charles.

The case slowly unravelled and the magistrates clearly found the driving instructor not guilty. It was clear that his driving was not at fault.

A formal complaint was made to the police regarding the officer’s conduct. The complaint was upheld resulting in the officer being dismissed from service.

This case highlights that no matter what the circumstances, if you believe you are not at fault and have been wrongly charged you should seek legal advice as soon as possible.

Whatever your motoring offence, our experienced road traffic lawyers can often make the difference between losing your driving licence – and possibly your job – and keeping it.

We’ll also make the court process much less intimidating for you with specialist legal support to help you fight your case.

The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.

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