Careless Driving

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  Speeding
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.  It is our job to closely examine any evidence that the prosecution intend to rely on to prove you were committing the offence.  If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction.
 
  Drink Driving
In order to achieve a conviction for drink driving, the court has to be satisfied that all procedures have been followed correctly.  Never forget that evidence can be challenged by a defendant who does not accept that he is guilty of drink driving or that there has been a significant failure by the police when carrying out the investigation.  The courts have held that any failure by a police officer to adhere to strict procedures when obtaining samples can be fatal to a prosecution for drink driving
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Dangerous Driving
The definition of the offence of dangerous driving 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.

 
 

Proving Who the Driver is
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.

 
     

Careless Driving

Remember, if any potential prosecution 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!!!

CARELESS DRIVING
It is an offence to drive a mechanically propelled vehicle on a road or other public place without due care and attention. (Road Traffic Act 1988 s3)

This motoring 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 offence can take place not only on public roads but any other place to which the public has access.  As dedicated defence 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.

You may ask yourself how do the courts decide if your driving amounts to careless driving.  Courts have held that a person will have driven ‘without due care and attention’ if his driving has departed from the standard of care and skill that would, in the circumstances of the case, have been exercised by a reasonable, prudent and competent driver.

It is quite clear that given the wide vehicle definition of careless driving you will need a skilled advocate to argue to a court on your behalf, that the driving in question was of the required standard and does not amount to careless driving (driving without due care and attention).

As in all motoring offence cases it is up to the defence lawyer to carefully examine the prosecution case and exploit any weakness or failings.  Also we expertly prepare and present the defendants point of view to argue that the driver is not guilty of careless driving. Clearly given the potential difficulties you should always instruct a traffic offence specialist.

DEFENCES
A thorough examination of the facts by an expert may reveal a defence to careless driving.  For example there may be circumstances where a person was under some kind of  threat or fear that caused him to drive in the way that he did.  With a skilled advocate this could amount to the defence of duress, which would avoid a conviction for careless driving.

A driver may lose control of a vehicle due to malfunction of the vehicle.  Usually to avoid a conviction for careless driving, an expert engineer would be called by us, on your behalf.  This again could avoid conviction for careless driving.

There are also situations out of the control of the driver which cause him to technically be guilty of careless driving but not be convicted.  It is a very gray area as to whether ‘necessity’ is a defence to careless driving and you should seek our advice upon this issue.

If you are to be prosecuted for careless driving, this will be heard in the Magistrates Court.  To be prosecuted you must be notified of the possibility of prosecution within 14 days of the alleged offence.

When you face an allegation of careless driving you really do need a skilled advocate acting on your behalf.  The prosecution have to prove that you were driving and the manner of your driving.  As to whether that driving fell below the required standard as to amount to careless driving, will be the subject of much argument in court.  We do not advise that you try to go toe to toe with a skilled prosecution advocate.  Call us.

If  there has been a road traffic accident and this has led to a prosecution for careless driving, the prosecution may call a police officer if he is an accident investigator.  In order to avoid a conviction for careless driving not only would we, on your behalf, thoroughly cross examine the officer, but we may also locate and call our expert examiner to counter what an officer is saying.

Do not forget that to obtain a conviction for careless driving the burden of proof is on the prosecution.  If we raise a defence on your behalf it is for the prosecution to prove beyond reasonable doubt that it is not good.  Expert preparation and presentation by us will make life as hard as possible for the prosecution in this situation.

PENALTY
The maximum penalties following a conviction for careless driving are a fine, obligatory penalty points of between 3 – 9 and the court has a power to disqualify at it’s discretion.  It is our job firstly to secure an acquittal if possible and, if not, to ensure that any penalty imposed is kept to the absolute minimum.

Click on the links below or in the side boxes to see full details and how we can help you
 
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Remember, if any potential prosecution 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, Contact us now!!

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  Careless Driving
This motoring 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 offence can take place not only on public roads but any other place to which the public has access.  As dedicated defence 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.

 
  Driving Without Insurance
Allegations of no insurance often occur when an employee is driving a company car.  The employer may be prosecuted for no insurance if the vehicle driven by the employee is not insured.  The employer or employee should contact us immediately in this scenario because he is regarded as having control, management or operation of the vehicle and is regarded as ‘using’ it for the purpose of a no insurance prosecution.
 
 

Failure To Stop After an Accident
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.

 
  Avoid a Driving Ban

Therefore even if you are convicted of an offence or there is no viable defence to it, we believe as expert traffic lawyers that we can help you.

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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