It is often possible to fight a charge of careless driving to reduce or completely eliminate any penalties associated with it. However, the chances of successfully challenging a careless driving prosecution will depend on the severity of the offence and the circumstances leading up to it. This can make careless driving disputes complex and difficult due to the fact that careless driving encompasses a wide range of offences, from speeding or overtaking illegally to directly putting peoples’ lives at risk.

In the following guide, the motoring offences experts at JMW Solicitors will explain the process of fighting a careless driving offence and what you will need to consider when doing so.

What is careless driving?

Careless driving is an umbrella term that covers any actions that may have been taken without care to follow the law, and that may endanger the lives of others on the road. This could be momentarily taking your eyes off the road, undertaking vehicles or exceeding the speed limit and driving erratically.

What are the penalties for careless driving?

The penalties for careless driving vary depending on the severity and circumstances of the offence. For example, a minor offence with minimal risk may incur a £200 fine and three penalty points, while a serious offence may incur an unlimited fine. In addition, three to nine penalty points and/or a disqualification. Depending on the circumstances of the offence, drivers could even be sentenced to prison where a death or serious injury has occurred.

In some cases, the court may offer the driver a reduction in their penalties if they agree to take an educational course. We often recommend that drivers take this option if given the opportunity, and they are at fault. However, if drivers fail to attend any of the sessions, their original penalties may be reconsidered by the court.

Is it worth challenging my careless driving offence?

In some cases, it might be easier to pay your fine rather than dispute it. We often recommend this route to first-time offenders due to the complexity of motoring offence disputes, and the risks that they bring; an unsuccessful dispute could lead to more severe penalties, including an unlimited fine.

If your prosecution will lead to a more serious penalty, however, it may be in your best interests to dispute the offence. You may want to do this if you can not afford to pay the fine, need to drive for your work or believe you have solid evidence that will help you to reduce or eliminate your charges. We will help you to assess whether it will be worth challenging your careless driving offence.

How to dispute a careless driving offence

The first thing you should do is contact a professional solicitor. The team at JMW will be able to advise you on what your next steps should be. It is essential that you do this as soon as possible to allow for the most amount of time to make decisions and receive advice.

You may be notified about your offence in one of two ways:

• Through a fixed penalty notice
• Through court summons

If you have received a fixed penalty notice, you may have been given it by a police officer or have it posted through the mail. From the time that your notice is delivered - not from when you read it, you will have to respond to police or court. Before doing so, consult a solicitor. To respond, you must fill out the correct side of the notice, detailing whether you accept your charges or intent to dispute them.

If you receive a court summons, they will detail a date on which you will be expected to attend a court hearing. If you fail to make this date, your penalty will be more severe. One of our solicitors will attend your court summons with you and will help you to prepare for your hearing leading up to it.

To prepare to defend against a careless driving offence, we will need to gather evidence to support your case. Firstly, we will access the information that the police have on your offence. This will help us to understand your chances of success and how we can counter the claims.

Evidence that we will gather to support your defence may include video footage, photos, witness statements or information specific to your reasons for driving carelessly. For example, if you drove carelessly due to a medical emergency, we will obtain evidence that supports this, such as medical reports or communications from those involved.

During your court hearing, we will present this information to counter the police’s argument in an effort to lower or remove your sentence.

For help with any aspect of motoring offences or a careless driving charge, call us today on 0800 804 8159, or fill out an online contact form and we will return your call at a time convenient for you.