facing a very difficult situation of a lengthy ban Dominic managed to fight my corner which resulted in a more manageable short term ban. What I liked about Dominic was that he was very straight talking and was very honest. … Continued
Section 3 Road Traffic Act 1988
Careless Driving arises where a person drives “without due care and attention” or “without reasonable consideration for other road users”. This is an area which has generated a great deal of case law and just about every driver has, at one time or another, driven without due care and attention. Proceedings typically take place within the Justice of the Peace Courts, but some cases will go before the Sheriff Court.
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"I firmly believe every motorist is entitled to expert road traffic advice"
- We offer FREE confidential advice to all potential clients.
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- We exclusively SPECIALISE in this area of the law
I was facing multiple charges and Dominic sorted Everything out. I’m absolutely delighted by the outcome. And would recommend him to anyone needing a traffic lawyer.
Recently hired Dominic for a speeding charge I recieved. My experience was first class from start to finish upfront cost no hidden charges and communication from Dominic at all times was amazing only a phonecall away.
Many thanks for all your efforts in getting the speeding charge against me dropped. I would have no hesitation in recommending the services of you and your firm. From the outset you were very clear about the process and procedures … Continued
I would like to express my gratitude to Mr Sellar for the way in which he represented me when faced with a dangerous driving charge or alternatively speeding charge. He came across as knowledgeable and professional with his advice that … Continued
My brother recently used the services of Dominic Sellar & Co for a traffic offence, and we’re very glad he did! The charges against him were dropped, in no small measure down to the expertise of Dominic. Wouldn’t hesitate to … Continued
I would like to thank Dominic and his team for a great outcome in court. I would highly recommend him to anyone facing traffic charges. His fee was also very reasonable.
From the start to the end Mr Sellar came Cross as a highly intelligent man and it wasn’t until in the courtroom the real level of his intelligence and knowledge for traffic law shone through. The end result is, I … Continued
Thank You so much for representing me in my court cases. I am more than happy to provide a recommendation…
I would like to express my sincere thanks to you for the care and attention you showed to my mum when you recently represented her in court. This was an extremely anxious time for my mum and your professional yet … Continued
Thank you for getting the very best result for me today. I truly appreciate the expertise and knowledge that you have and how this has enabled me to retain my very precious driving license. I will have no hesitation in … Continued
Thank you so much for all your help and representation with my case at Lanark Sheriff Court. My license is essential, your expect advice and representation at trial saved my licence and my job. Thanks again, I would highly recommend … Continued
A conviction for careless driving carries a fine and obligatory penalty points of between 3 and 9 points. The Court also has the power to disqualify. The appropriate sentence will depend on the gravity of the offence and whether the incident was isolated or prolonged, deliberate or accidental. If an accident has occurred the sentence should reflect the degree of culpability and not the consequences of the driving.
If a person drives a motor vehicle or mechanically propelled vehicle on a public road or place “without due care and attention” or “without reasonable consideration for other road users” he is guilty of the offence of careless driving. In short, a contravention for careless driving arises if the standard of driving “falls below what would be expected of a careful and competent driver” in all the circumstances. This test applies in all cases, to all drivers irrespective of their experience.
It is not necessary that a collision or accident has occurred in order to give rise to a charge of careless driving. Likewise, where an accident has occurred it does not necessarily follow that one or more drivers are guilty of careless driving. It is important to note that driving without due care and attention does not require any degree of inconvenience to have been caused to any other road user. However, where a charge of careless driving specifically refers to “inconsiderate driving” it will be necessary to show that there has been some form of inconvenience to another road user.
Careless driving can arise from simple mistakes and inattention to errors in judgement and lack of concentration. It may be inadvertent and isolated or deliberate and a prolonged course of driving. On any view, driving which is poor, bad and objectionable can give rise to charges of careless driving. It includes speeding, tailgating, undertaking and emerging from a junction into the path of another vehicle. Collisions with other road users and even minor scrapes and bumps in car parks can constitute careless driving as can failing to signal and splashing pedestrians by driving through puddles.
Where death is caused by Careless Driving the courts can impose a prison sentence of up to 5 years, together with a fine of £5000 and a minimum period of disqualification of 12 months. Significantly increased penalties apply where the death is caused by careless driving whilst under the influence of drink or drugs.
As with all offences it is for the prosecution to prove that the driving took place and that it fell below the required standard. In deciding whether the offence has been committed consideration must be give to the defence and any explanation given by the accused or any other person. The accused may simply deny that the incident happened or that he has been wrongly identified. Alternatively, he may claim that the incident has been grossly exaggerated and that his driving did not fall below the standard of a careful and competent driver. If he accepts that an incident took place he may be able to advance a defence or Special Reasons that explain why he drove as he did. It may be a defence that he was faced with an unexpected event or mechanical breakdown. Since consideration must be give to all the circumstances defences may arise from an emergency, necessity or even duress.
In some cases the Court may conclude the offence has been committed, but that, in all the circumstances, there are Special Reasons not to endorse the licence with any penalty points. In cases where the driver accepts that his driving has fallen below the required standard it is possible to agree a version of events with the prosecution in order to limit the penalties that will be imposed.
How we can help
The law relating to Careless Driving is vast. It is also technical and complex. Dominic Sellar appealed a Careless Driving case to the High Court in May 2014. The conviction was quashed and the High Court confirmed the principle that the law does not require a “standard of perfection” when assessing the quality of a person’s driving. Our experience and expertise in this area will quickly determine the merits of the case and the best option for you. If prospects are low we will concentrate on damage limitation. As specialist road traffic lawyers we firmly believe that we will offer you the right advice, which will ultimately save you time and expense. We pride ourselves in offering a service that is friendly, reliable and honest. For free advice that is without pressure or obligation simply contact us:
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