Careless and Dangerous Driving Solicitors
We have years of experience of successfully defending Careless Driving and Dangerous Driving.
For free initial advice call 0800 999 5535
*Based on results from Jan 2018 to Feb 2021.
84% careless driving cases found not guilty or not disqualified
From Our Clients
Our specialist team of Careless Driving and Dangerous Driving solicitors have years of experience successfully defending Careless Driving and Dangerous Driving cases. Call our team today for free initial advice on 0800 999 5535 or submit your case and we will call you back
What is the difference between Careless Driving and Dangerous Driving?
- Careless driving, also known as driving without due care and attention, means that the standard of driving is below the standard expected by a competent and careful driver.
- Dangerous driving is far below the standard expected by a competent and careful driver.
- Sentencing guidelines are a maximum fine of £5,000 with 3-9 penalty points (or a discretionary disqualification). If convicted of dangerous driving you could be looking at up to 2 years in prison. There is a compulsory ban for a minimum of 12 months with an extended retest at the end.
Defending Careless and Dangerous Driving Charge
The law – The law about the two standards of driving is in the Road Traffic Act 1988.
Magistrates’ Court Sentencing Guidelines
Dangerous or careless driving is not about the consequence of that action, it is about the standard of driving, as a seemingly small mistake could lead to a serious injury, even death. The Police or The Crown Prosecution Service make the first decision. If they decide to prosecute and you don’t agree it is up to the Crown Court to decide.
In preparing a defence we need to examine every aspect of the case. There are certain circumstances that need to be taken into account: whether the action was deliberate or a result of inexperience, conditions of the road, route taken, accident report, witnesses etc.
Keep My Driving Licence, part of Millar’s Solicitors, are experienced at examining and challenging the evidence. We will work hard to win your case and, in some circumstances, avoid a jail sentence.
Examples of Dangerous Driving
- Speeding excessively
- Prolonged bad driving
- Disregard of safety to others
- Driving whilst being pursued by police
- Failure to adhere to safe driving especially in pedestrian zones such as schools, horses, residential areas etc
- Aggressive driving, such as abrupt lane changes, cutting into vehicles, tailgating
- Disregard for other passengers’ warnings
- Failure to stop or take notice of traffic signs and traffic lights
- Overtaking in a dangerous place
- Racing driving
- To compose or read a text message that would cause you to become dangerously distracted by that use.
- Dangerous manoeuvre
- Use of hand held electronic equipment i.e. mobile telephones
Examples of Careless Driving
- Failing to adhere to the highway code
- Overtaking on the inside
- Driving through a red light
- Failing to look properly
- Sudden braking
- Turning into the path of another driver
- Attention diversion inside the car, for example, using a mobile phone, tuning the radio
- Attention diversion outside the car, for example, ‘rubber necking’
Should I drive to Court?
This depends on your plea: Yes, if you are pleading not guilty. No, if you are to be sentenced for an offence that carries a mandatory disqualification.
Our advice is that anyone who faces the possibility of a period of disqualification, no matter how small, should not drive to Court.
The Police Officer said that if I instruct a Solicitor I can avoid a disqualification, is this true?
This can be true in a lot of cases, however, if it is your intention to plead guilty to an offence that carries a mandatory period of disqualification, then the Magistrates have no discretion not to impose a period of disqualification.
I really need my car for my job, will the Court let me keep my licence?
If you are facing a disqualification for accumulating 12 penalty points or more (‘totting up’) or facing a sentence that carries a discretionary disqualification, then it is possible to persuade the Magistrates not to disqualify you. However, if you are to be sentenced for an offence that carries a mandatory disqualification, like driving with excess alcohol for example, then these types of offences carry a mandatory disqualification and the Magistrates have no discretion. In those circumstances you will only avoid a ban if your case is successfully defended after a not guilty plea.
Do you cover cases on Legal Aid?
No. All our cases are on a private paying fixed fee basis. We will tell you what your exact fees will be before you engage us. We cover Courts throughout England and Wales. Only general Criminal Defence Solicitors (not road traffic specialists) based in an area close to where your Court case is, will have a Legal Aid Contract. You may not be eligible for Legal Aid in any event. The two tests for whether you are eligible for Legal Aid are
- Whether you are financially eligible
- Whether it is in the interest of Justice for you to receive Legal Aid for the offence that you are due to appear before the Court for. For almost all road traffic matters you will not be eligible for Legal Aid as for a lot of cases the Sentence is a financial penalty and either penalty points or a disqualification.
Will I have to say anything in Court?
Once we are instructed by you, we will advise you of the precise Court procedure. If you are pleading guilty to an offence, then you will only have to confirm your name and enter your plea. We will present the mitigation on your behalf.
If you are pleading not guilty, you may have to give evidence at your Trial, but you will be guided by Millars Solicitors.
What are my chances, can you give me a percentage?
We would not give a client their chance of success in a percentage. We would not give a client their chance of success in a percentage, as this is not realistic. We provide all clients with a comprehensive assessment of their case and we are instructed on the basis that the client has been advised of their chances of success.
Will the Police or witnesses be in Court?
More From Our Clients
The BBC has reported Mobile phone loophole for filming drivers 'to be closed' The government plans to close a legal loophole that has allowed drivers who use mobile phones to film or take photographs to escape prosecution. It is illegal for drivers to call or text on...
Millars Solicitors were instructed by Miss E who was very concerned about the prospect of a custodial sentence as she was driving whilst disqualified
Place: Stockport Magistrates Court Offence: Driving with Excess Alcohol – guilty plea Defence: Mitigation Carl Millar from Messrs Millars Solicitors was instructed by Mr A in respect of an allegation of driving with excess alcohol. His reading in breath was at 78µg...
About Keep My Driving Licence
Keep My Driving Licence is part of Millars Solicitors who are a specialist firm of road traffic and drink driving solicitors who represent motorists all over the country.
Formed by Carl Millar, Millars Solicitors has adopted his dogged tenacity and exacting technical understanding of motoring law. Before starting Millars Solicitors, Carl has been employed as the Head of Department at some of the most high profile Motoring Law Firms in the country. He is a member of the Society of Motoring Lawyers and has an enviable nationwide reputation for the results he gets for his clients.
Through representing a wide range of people you will find Carl and his team very approachable and never judgemental. Their advice is straightforward and will leave no stone unturned in pursuing all available defences in presenting your case.
If you have been caught drink driving you can contact Carl today on 0800 999 5535 or your can send a confidential email by clicking here. If you need to speak to a drink driving solicitor out of office hours than please call the 24 hour emergency line on 07855 806119.