Driving without Due Care & Attention (Careless Driving)
LD Legal can help you if you are facing an allegation of Driving without Due Care and Attention. We can provide you with expert help following an accident, there is often some confusion about what amounts to a simple accident to be dealt with by insurance companies and what leads to police involvement and an investigation for Driving without Due Care and Attention – we can provide expert advice and assistance to help you.
What is Driving Without Due Care & Attention?
Section 3ZA of the Road Traffic Act 1988 describes Driving without Due Care & Attention as driving which falls below the ‘standard expected of a competent and careful driver’.
What amounts to the appropriate standard expected is not defined in law – this is for the court to decide according to the particular circumstances of the accident as of course no accident is ever the same but examples include the following:-
- Turning into oncoming traffic
- Doing something else whilst driving (eating, reading a map, distracted by the Sat Nav etc)
- Inappropriate overtaking
- Not following the Highway Code
What will happen if I am found to have driven without Due Care & Attention?
If the police are involved and want to interview you this usually means that they are investigating you for the offence. If the police believe that your driving fell below the standard of a competent and careful driver they may offer you a drivers awareness course, a Fixed Penalty Notice or Summons you to attend court.
A summons to attend court is more likely if the accident caused significant damage or injury to a person. Our specialist advice and assistance can help achieve the best outcome for you. We can be present in the interview which can take place at your home address or the police station. We can liaise with the police on your behalf to obtain as much information as possible before the interview.
If you receive a summons to attend court we can advise you of the evidence against you, explain the law and your appropriate plea. We can expertly advocate your case to the court presenting the court with your own personal mitigation with a view to achieving the best outcome for you or if you wish to challenge your case we will prepare your case for trial, providing expert advocacy to robustly defend the case against you.
What will happen if I receive a summons to attend court?
If you plead guilty or are found guilty of Driving without Due Care and Attention the court will impose 3-9 penalty points, costs and a Fine or worse case scenario may impose a disqualification from driving – generally the worse the standard of driving the more serious the punishment.
Make sure you are protected with specialist legal advice. Contact us now for a free no obligation discussion about your case or to discuss a fixed fee quote with us 01273030339 email@example.com