Home > Dangerous / Careless Driving
Have you been stopped by the police, arrested and given a court date, bailed to return to the police station, asked to attend the police station for an interview or received a summons for dangerous or careless driving?
If so, contact the Just Motor Law team today and we will apply our expertise with the aim of winning your case. We have a proven record of success in defending our clients against these allegations!
So what does the law actually say?
Dangerous driving is defined as driving that falls far below that that would be expected of a competent and careful driver, where it would be obvious to a competent and careful driver that driving in that way would be dangerous
Examples of dangerous driving include driving on the wrong side of the road, excessive speeding or aggressive driving and using a mobile phone
Careless driving is defined as driving that falls below that that would be expected of a competent and careful driver, where it would be obvious to a competent and careful driver that driving in that way would be careless
Examples of careless driving include tuning on the radio, driving to too close to another vehicle or pulling out right in front of another vehicle
At Just Motor Law we can provide advice on your options for challenging these allegations. We also offer FREE POLICE STATION REPRESENTATION if you are to be interviewed.
Although you may think that these are open and shut cases, they are typically not, as the Court must look at the circumstances of each case to decide objectively whether your driving was dangerous or careless. As specialists in this field we carefully evaluate the circumstances surrounding your driving and arrest and scrutinise the procedures the police have followed with the aim of establishing your defence and saving your licence.
What are the penalties?
If you are convicted of dangerous driving, the consequences can be very serious as this is an offence that carries mandatory disqualification (unless Special Reasons apply). The sentence can range from a fine of up to £5000, through to a community sentence such as unpaid work in the community, an electronically monitored curfew, or can carry up to 6 months imprisonment in the Magistrates Court or 2 years in the Crown Court for the most serious offences!
You would be disqualified for a minimum of 12 months
On conviction for careless driving although less serious than dangerous driving, the consequences can have a significant impact as the offence carries a discretionary disqualification or between 3 and 9 points and a fine of up to £5000
If you are a new driver and are sentenced so that you accumulate at least 6 penalty points, then your licence would be revoked and you would have to retake your test. Retaking your test is a costly exercise and you may also need extra lessons before you felt comfortable putting in for it again
Your job may be at risk if you are banned from driving
Your insurance premiums may rocket following a period of disqualification
You will have a criminal record that will only become spent after the time scales set out in the Rehabilitation of Offenders Act. Consequently, if required you will have to inform your employers or future employers of this conviction during those time scales
We pride ourselves on contesting each case with the greatest tenacity, with the aim of you being found not guilty.
In our experience, in dangerous driving cases, it is possible to persuade the Crown Prosecution Service to allow you to plead guilty to the lesser charge of careless driving and therefore receive a more lenient penalty.
What can be done to protect your licence if you are found guilty or plead guilty to careless or dangerous driving?
Our team are experts at preparing your mitigation so that you are in the best position to receive the lightest possible sentence in all of the circumstances. Cases are generally categorised into three levels of seriousness by the court who then use this to determine sentence ranges. We understand the guidelines that the Courts will apply when sentencing you and will help you in presenting any evidence that will allow the Magistrates to deal with your case with more leniency.
How can you avoid the penalty points/disqualification?
We know what types of situations can lead to a successful Special Reasons argument. We will discuss your case and all of the circumstances with you in detail and advise you when this is an argument that can be put forward on your behalf in an aim to protect your driving licence.
We will ensure that your case is prepared thoroughly for the Special Reasons argument. The onus is upon you to establish that there are Special Reasons and we will attend court with you and present the most forceful representations on your behalf. We will present the complex case law where appropriate that deals with different circumstances where Special Reasons are found for the court. Our team are experts in presenting this argument to the Court and have a proven track record in persuading the Court they should not ban in these circumstances. Don’t just accept it – defend it!
Not sure if we can help you? Have a look at our testimonials page to see what our real client’s have to say about their cases and how we have helped them. Remember, there is ALWAYS something that we can do to help and with Just Motor Law you will not face this stressful and complex situation alone.
What are you waiting for? Get in touch with the team now
for FREE initial advice on your case and how we can help you.