A careless driving offence can carry significant penalties, including an unlimited fine and a disqualification from driving, which is why you may wish to fight the charge. However, doing so requires going through a complicated and time-consuming legal process and being able to provide strong evidence. Being unsuccessful in your dispute can lead to increased charges so it is essential you prepare extensively and work with a legal professional before making any decisions.

To help you consider your options, the expert motoring offence solicitors at JMW have written this guide. Read more to learn about careless driving offences and what you should consider before deciding to fight one.

What is careless driving?

Careless driving is an umbrella term for a number of different actions that can lead to risk on the road. Some examples of these that JMW has dealt with include, but are not limited to:

• Lane hogging
• Handbrake turns
• Tailgating
• Eating/drinking while driving
• Operating a sat nav while driving
• Driving too fast
• Undertaking
• Overtaking and forcing other vehicles to brake
• Ignoring road signs
• Driving through a red light
• Using a mobile phone while driving

If you are found to have done any of the above, you may incur a careless driving charge. Your offence will determine the severity of the penalties; the police will assess the potential harm you could have caused by your careless driving and declare relative penalties. For example, a lane hogging offence that did not cause any harm but disrupted drivers may be on the lower end of the severity scale, potentially bringing a three-point penalty and a relatively low fine. Alternatively, using a mobile phone and nearly causing a crash could lead you to receive the highest charge of nine points or disqualification with a much higher fine.

The maximum penalties for careless driving are:

• Nine penalty points
• Unlimited fine
• Discretionary disqualification

You may incur a prison sentence for death by careless driving charge. These are considerably more severe charges and will lead to a longer driving disqualification.

What happens following a careless driving offence?

Following an incident where you may have committed a careless driving offence, you will be notified of your prosecution in one of two ways: by post or by a police officer directly after the incident.

If a police officer pulls you over, they will either give you a fixed-penalty notice detailing your legal obligations or they will arrest you and take you to the police station, albeit rare. You may also receive a fixed penalty notice through the post.

If your offence was more severe, you may receive a court summons notice through the post, detailing a court date that you are required to attend. Before you respond to any communications from the police or court, you should speak to a solicitor.

Should you fight a careless driving charge?

Disputing motoring offences is not always possible. This will depend on how much evidence the police have to support their claim. You should consult with a solicitor to find out whether this may be possible in your circumstances.

Additionally, you should consider whether it is worth the risk of disputing the claim. If your penalty is on the lower end of the scale, it may be a better choice to accept your charges and pay your fine. Your solicitor may recommend this if they believe that your chances of success in a careless driving dispute are minimal and that you may end up paying more money by attempting to fight it.

One of the main considerations you should make when faced with a charge of careless driving is the implications of failing; if you attempt to dispute your charges and fail, the court will likely increase your penalties and you could end up paying an even higher fine, receiving more points or a longer driving ban.

In some cases, the police may offer to reduce your penalties if you agree to undertake an educational driving course.

What is the process of fighting a careless driving charge?

The first thing you should do if you receive a charge for careless driving is to speak to a solicitor, who will be able to guide you through the process. Your solicitor will discuss your situation with you to assess your circumstances and inform you of what steps you will need to follow.

Your solicitor will be able to access the evidence that the police hold and will use this to help determine what strategy should be used when facing your charges - whether you should fight to remove your penalties, reduce them, or accept them.

Your solicitor will also discuss your reasons for driving carelessly. It may have been the case that there was a medical emergency, in which case your solicitor will find medical reports and witness statements to prove it.

During your court hearing, your solicitor will represent you and help you to present your argument.

Talk to Us

If you are in need of professional advice following a careless driving incident, you should speak to our team as soon as possible. Our award-winning motoring offence solicitors have decades of experience with helping drivers stay on the roads.

Call JMW on 0800 804 8159, or fill out an online contact form to arrange a callback at a time convenient for you.