Driving Without Due Care and Attention Lawyer Newcastle | Driving Without Due Care | Traffic Lawyer 4 U

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Driving Without Due Care and Attention Lawyer Newcastle | Driving Without Due Care | Traffic Lawyer 4 U

Remember, if any potential prosecution regarding Driving Without Due Care and Attention is to be defended successfully, the sooner work begins on your defence the better. Do not be tempted to forget about it and hope it will go away, It Won't!!!

Dangerous Driving Definition

It is an offence for a person to drive a mechanically propelled vehicle on a road or other such public place dangerously.
(Road Traffic Act 1988 s2)

The definition of the offence of Dangerous Driving or Driving Without Due Care and Attention is wide because it is not just relation to motor vehicles but any mechanically propelled vehicles; furthermore it can take place in any place to which the public has access, not just public roads.

Never forget, the burden of proving Dangerous Driving rests squarely on he shoulders of the prosecution, not the defendant. It is our job to expertly and carefully examine and exploit any failing or loophole in the prosecution case or law to secure an acquittal.

Dangerous Driving is defined in S2(A)(1) of the Road Traffic Act 1988. A person is guilty of dangerous driving if:

  • The way he drives falls far below what would be expected of a competent and careful driver
  • It would be obvious to a competent and careful driver that driving in that way would be dangerous
  • The prosecution may also say dangerous driving is due to the condition of a vehicle if it would be obvious to a competent and careful driver that driving the vehicle in it’s current state would be dangerous.

The offence of Dangerous Driving has to be distinguished from the less serious offence of careless driving because to be guilty of dangerous driving the standard of driving has to fall FAR below the standard of a competent driver.

If you’ve been caught Driving Without Due Care and Attention then please contact us on 0800 195 6567 or fill in our online enquiry form for more information regarding our Drink Driving Services.

Dangerous Driving Aspects

There are two aspects to the offence of Dangerous Driving and Driving Without Due Care and Attention that the prosecution have to prove. Firstly that the standard of driving fell far below the standard expected of a competent and careful driver. Secondly it also has to be shown that it would be obvious to a competent and careful driver that driving in that way would be dangerous.

As your defence team we would make no concessions to the prosecution and ensure that they comply precisely with the requirements of proving dangerous driving.

The standard of driving required is the same for all drivers irrespective of their experience. Therefore the standard is the same for a learner driver as it would be for an experienced, professional driver.

If there has been a road traffic accident the prosecution may call expert accident investigators to try to prove dangerous driving. Do not believe that such evidence cannot be attacked or undermined. It can. we are experts at cross examining witnesses and sometimes expert cross examination of a witness can have devastating effects upon the value of their evidence.

Also in the preparation of your defence, we would consider if it is necessary to locate and instruct an expert accident investigator on your behalf to counter any prosecution evidence. Just because you have had a car crash doesn’t mean you are absolutely guilty of dangerous driving. You may have a perfectly reasonable explanation for what happened. You need our expertise in presenting this explanation to the court when you face an allegation of dangerous driving.

Dangerous Driving Penalty

In the crown court, the maximum penalty for Dangerous Driving is 2 years imprisonment, an unlimited fine and a minimum obligatory driving ban of 1 year. Before a full driving licence can be re-instated, the defendant will have to take an extended driving test.

If the case is heard in the Magistrates Court, the maximum penalty for Dangerous Driving is 6 months imprisonment, a maximum fine of £5000 and a driving disqualification.

Contact us about Driving Without Due Care and Attention Lawyer Newcastle

For more information regarding our Driving Without Due Care and Attention Lawyer Newcastle services then please contact us on 0800 195 6567 or email us at click here to email us. 


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Careless Driving

The careless driving offence actually has a very wide definition.  The driver does not have to be driving a motor vehicle but any mechanically propelled vehicle and the careless driving offence can take place not only on public roads but any other place to which the public has access.  As dedicated traffic lawyers we will not shy away from questioning, exposing and exploiting any weakness in a prosecution case against any of our clients who face an allegation of careless driving.

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Drink Driving Lawyer

Robert Bimpson is widely acknowledged to be an expert in the defence of drink driving charges. He has been dedicated to the defence of clients since 1989 and his wealth of experience will be used to personally ensure you receive the best advice and the best possible outcome to your case.

Our success rate in either avoiding or greatly reducing a driving ban is huge.

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Driving Bans

Wherever, following a conviction under the Road Traffic Act, there is a penalty of an obligatory endorsement of penalty points or an obligatory disqualification we may be able to avoid this for you, if we can establish ‘special reasons’.

The law has very clearly stated what amounts to ‘special reasons’ and this often causes confusion in the mind of the lay person.  We advise that you contact us as soon as you are aware of a prosecution in order that the issue of ‘special reasons’ can be discussed.
In order to establish ‘special reasons’ for not endorsing a licence or not disqualifying it will usually be essential to call evidence to satisfy the court of this.

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Failing to Identify Driver

The Road Traffic Act imposes a strict duty upon defendants to disclose the identity of drivers in these situations.  If you face a prosecution for failure to disclose the identity of the driver, you should contact us immediately.  We recommend that you speak to us prior to signing any documents and you should do this as soon as you receive them.
Just because the law seems onerous and puts strict duties upon people, do not assume that there are no defences to failure to disclose the identity of the driver of a motor vehicle.  There are, and success may well depend upon the speed with which you act when you are prosecuted.  Contact us immediately.

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Failure To Stop

In a prosecution for failure to stop we advise that you contact us immediately.  There is a strict duty upon motorists to stop and provide information, to people who reasonably request it, after an accident involving damage to property or injury to a person.
It is important to note that you can be guilty of failure to stop even if the accident is no fault of yours.
As with lot of road traffic offences, failing to stop is widely defined.  It does not have to involve a motor vehicle as the Act refers to mechanically propelled vehicle.  The definition of ‘accident’ tends to be regarded in a common sense way.  Any ‘injury’ to a person does not have to be physical injury and can even include nervous shock.

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Speeding Ticket

Do not assume that photographic or police evidence cannot be challenged. It can. If you believe that any evidence is wrong, you should contact us immediately.  To secure a conviction, the court has to be sure as to the accuracy of any evidence, that you were speeding. If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction. If the court agrees with the argument you may well avoid a driving ban.

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Using a Mobile Phone Whilst Driving

Most offences will be dealt with by way of three penalty points and £60 Fixed Penalty Notice. If you got caught using a mobile phone whilst driving a bus or any heavy goods vehicle the matter could proceed to a Court hearing and you could be fined up to £2,500.

 

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Hit and Run Law UK

In a prosecution for failure to stop we advise that you contact us immediately.  There is a strict duty upon motorists to stop and provide information, to people who reasonably request it, after an accident involving damage to property or injury to a person.
It is important to note that you can be guilty of failure to stop even if the accident is no fault of yours. 
As with lot of road traffic offences, failing to stop is widely defined.  It does not have to involve a motor vehicle as the Act refers to mechanically propelled vehicle.  The definition of ‘accident’ tends to be regarded in a common sense way.  Any ‘injury’ to a person does not have to be physical injury and can even include nervous shock.

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Why Choose Us?

  • Free initial consultation with a solicitor. You will only ever be advised by a solicitor or barrister.

  • No hidden fees or increased costs. Cost is agreed in advance and will not change.

  • Expert traffic solicitor with over 20 years experience defending the motorist in England and Wales.

  • High success rate. We can get the best possible outcome for you.

 
 
Contact Us

Traffic Lawyer 4 U Limited
60-66 Wellington Road,
Ashton-Under-Lyne,
Tameside,
OL6 6DE

Tel: 0800 195 6567
Email: click here to email us