Commonly referred to as careless driving, driving without due care and attention is legally defined as:
"allowing your standard of driving to fall below that of a prudent motorist".
This offence is often used as a "catch all" and can cover various driving errors, regardless of whether an accident occurs or not. The offence (if not resolved by way of a 3 point / £100 Fixed Penalty) carries:
A fine up to £5000;
3–9 penalty points; or
A discretionary disqualification.
Many clients are no longer supported by their insurance companies who often view the defence of such matters as throwing good money after bad, without even referring to the policyholder.
Our record of defending such offences demonstrates that, if handled properly, an acquittal can be obtained. This is of particular importance if the offence arises from a road traffic accident. A conviction will make it much more difficult to succeed in a civil action for damages, whereas an acquittal will make it far easier to progress a claim.
We can advise for a fixed fee and if you wish to defend the matter, we can instruct a Barrister to represent you. Whilst we do not recommend that cases are fought on the basis of principle, if we believe that we can successfully defend the matter, we will advise on that basis. If the case is successfully defended, we can subject to the Court's assessment, often recover all or part of the fee and will always refund you accordingly. If it is apparent that you will be convicted, we will advise on the best course of action to minimise the fine/penalty points and inconvenience.
We strongly recommend that you seek our professional advice if you are prosecuted pursuant to Section 3 of the Road Traffic Act. If your insurance company have declined to assist, there is even more reason to obtain an expert opinion. We may even be able to convince the insurers to fund the case for you.