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Reckless Careless or Inconsiderate Driving

Reckless Careless or Inconsiderate Driving

SKU: 8.04
  • Advice

    Reckless Driving

    This is where a person drives in such a manner as to indicate either a wanton or a wilful disregard for the safety of persons or property. While Careless Driving is a crime of ignorance, Reckless Driving involves choosing to disregard the inherent risks before behaving dangerously. Consequently, the respective penalties for the two offences reflect this key difference.

     

    Careless or Inconsiderate Driving

    This is when a person drives without due care and attention and their driving standard falls below what would be expected of a competent and careful driver: -

     

    Examples would include: -

    • Excessive speed;
    • Aggressive driving;
    • Carrying out other tasks while driving (such as eating);
    • A vehicle used for the carriage of heavy goods or the carriage of passengers for reward;
    • Tiredness or driving whilst unwell;
    • Tailgating;
    • Hogging the outside lane of a motorway; or
    • Driving contrary to medical advice (including written advice from the drug manufacturer not to drive when taking any medicine).

     

    A police officer witnessing an incidence of careless driving may let the driver off with a warning; but they can also issue a Fixed Penalty Ticket or give the driver a summons to appear in court, again this will depend on the actual situation and how you react to the officer themselves. The penalties for careless driving range from a relatively minor 3 penalty points but can be as much as 9 points or even a disqualification so if you are contemplating pleading guilty to the offence of careless driving it is important to have a special representative to ensure that the Court imposes the lowest penalty possible especially if you are at risk of disqualification.

     

    Objective test

    (Primarily a question of fact) proven by the Prosecution beyond reasonable doubt that the driver performed under the standard of a competent experienced and skilled driver. It does not matter whether the careless driving was a result of Defendant's negligence, incompetence or deliberate intent. i.e., the Court will not take into account whether the Defendant’s action is inexperienced. As long as Defendant’s actions themselves were careless, he falls under the standard of a competent driver.

     

    If you are being represented in court

    If you are represented, they should locate you soon after your arrival. If possible, they will take you to one of the court’s interview rooms for a pre-hearing consultation. These rooms are often busy so if you manage to get such a room, don’t leave it unoccupied otherwise someone else will use it. Pass your completed means form to your solicitor, along with your driving licence and any letters in support of your case that you have obtained.

     

    All the preparation for your case should have already been carried out, however, they will want to go over the court procedure with you. If you are pleading guilty, or are found guilty, of a motoring offence such as speeding and this brings your total amount of points to 12 penalty points or more then the Magistrates are meant to disqualify you for at least 6 months. However, if your legal representative, can persuade them that you, or others, will suffer exceptional hardship then provided you haven’t used these arguments in the previous 3 years the Magistrates can be more lenient.

     

    How we can help

    Assuming that you have been charged with such an offence then you would need to initiate a case without delay, upon starting your case your caseworker will create a briefing note for your legal team to examine the charge. To gain our assistance you need to open a case, this is done by taking advantage of our free consultation service, activated by the link at the top of the page, should you wish to start a case the caseworker will send you the suitable payment link.

     

    Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our legal team and to act as your point of contact, they will also issue you with your Password and PIN, these will be needed to log onto your client dashboard. From your dashboard you will be able to manage and view every aspect of your case, upload documents, images, files etc.

     

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