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Careless Driving

If you receive a summons for Careless Driving then your case is automatically going to be heard before the Court. You should look to instruct an expert as soon as possible.

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In legal terms you are guilty of Careless Driving, otherwise known as Driving Without Due Care and Attention if the manner of your driving falls below the standard expected of a careful and competent driver. If you are observed driving in a careless manner or in a manner that causes inconvenience for other road users then it is likely that you will be given a fixed penalty notice or potentially summonsed to Court.

It is usually more serious instances of careless driving that result in Court attendances rather than fixed penalties and many motorists simply accept the fixed penalty which could involve driver education or points and a financial penalty however if you wish to dispute the incident then the matter will end up before a Court.

What penalties can I receive for Careless Driving?

If an incidence of careless driving results in a Court appearance then a driver could be fined up to £5000 and have 3 to 9 points put on their licence. If a driver already has some points on their licence then this can mean disqualification if the new total number of points exceeds 12. The Court can also exercise it’s discretion to disqualify a driver, irrespective of whether there is a penalty points disqualification.

The legal definition of careless driving is a little unclear. The following, however, have all been found to be careless driving:

  • Tailgating, or driving too close to the car in front
  • Using the wrong lane at a roundabout or failing to give way
  • Overtaking a queue of standing traffic
  • Overtaking poorly
  • Poor lane discipline
  • Undertaking
  • Wheel spinning

If a fixed penalty is issued the you can accept this or you may choose to dispute it if you do not feel that your driving was careless. If this occurs then you will receive a summons.

Expert Motoring Solicitors – Keeping you on the Road

If you receive a summons then your case is automatically going to be heard before the Court. You should look to instruct an expert as soon as possible. It is generally in cases where a more serious infraction is alleged that summonses are issued. In these cases the Court will often impose more severe penalties that could result in the loss of your licence.

Poole Alcock Solicitors are experts in motoring law. We regularly defend motorists in Magistrates Courts in Crewe, Runcorn, Chester, Manchester and throughout the North West.  We have solicitors based in offices across Cheshire, including CreweAlsager, Congleton, Sandbach, Nantwich and Wilmslow.

Alternatively, we are happy to discuss your case with you over the telephone. Call us today on 01270 256665 or contact us using this form and we will call you back to discuss your case.

 

Call us on: 0800 389 7093

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