Careless driving can occur due to a number of reasons. While there are many careless driving offences that may be committed intentionally, it is inevitable that, over the course of a driver's life, they may do so accidentally - possibly without even realising it. If you are being prosecuted for a careless driving offence, you may be taken by surprise. It is natural for this to cause stress and uncertainty, but it does not mean that there is nothing that can be done.

If you are charged with a careless driving offence, the first thing you should do is contact a professional solicitor who will advise you on what to do based on your circumstances. It is essential that you do this before responding to your notice or court summons, as motoring offences can be complex, and any mistakes can be costly and time-consuming.

In the following guide, the expert driving offences solicitors at JMW explain what steps you should take following a careless driving charge and what you may expect to happen.

What is careless driving?

Careless driving is an umbrella term that describes driving habits that are careless, imprudent or negligent, and can result in property damage, personal injury or even death. Careless driving can include the following:

• Failing to follow the rules of the road, such as speeding or running stop signs
• Distracted driving, such as texting while driving
• Weaving in and out of traffic
• Tailgating
• Disregarding posted speed limits

Careless drivers often make dangerous decisions that create unsafe conditions for other drivers, pedestrians and cyclists on the road.

In order to avoid the consequences of careless driving, it is important that drivers practise safe and responsible behaviour while behind the wheel. Drivers should always follow speed limits and use caution in residential areas where children may be present. Remain alert for other cars and potential hazards on the road, such as pedestrians crossing or cyclists sharing the road. Additionally, drivers should never operate a vehicle while distracted by activities such as eating or texting, which can impair reaction time and judgement on the road. Taking these simple steps can go a long way in ensuring the safety of everyone on the road.

What are the penalties for careless driving offences?

Due to the fact that careless driving encompasses a number of different actions that can be more or less severe, the penalties for careless driving vary.

The maximum penalties for careless driving are as follows:

• Three to nine penalty points
• Unlimited fine
• Discretionary disqualification

One of the most severe consequences of careless driving is death by careless driving, which is a specific offence where the driver's actions have directly caused death. This carries the chances of a prison sentence, in addition to the other penalties for careless driving.

In some cases, the court will offer drivers the opportunity to take an education driving course in exchange for lowering or removing their penalties.

Drivers looking to challenge a careless driving offence should be wary about doing so unless they have a strong case, as attempting and failing will lead to increased penalties, such as an increased fine. Before responding to any communications about a driving offence, including to those involved or the police, you should speak to a professional solicitor, like those at JMW.

What will happen directly after my careless driving offence?

Directly after your driving offence, you will be informed of your prosecution via a fixed penalty notice or court summons. You may receive your notice through the mail, or you may be given it by a police officer if you were pulled over. For more serious offences, you may be arrested and taken to the police station, where you will be able to request to discuss the case with a solicitor.

What should I do after being informed of a careless driving offence?

Whether you have found out about your charges through a fixed penalty notice, via a police officer or after being arrested, you should not respond to your charges until you have spoken to a professional motoring offences solicitor. This is because motoring offences can be highly complex and any mistakes you make may be costly.

If you have received a fixed penalty notice, you will have 28 days to respond. This gives you plenty of time to consult with a solicitor and figure out your options. In cases where you are not a repeat offender and your penalty is low, it may actually be easier to simply accept the charges. This is because of the risks that come with disputing motoring offences. However, if we find that there is significant evidence to suggest that mitigating factors involved, or that you did not commit an offence in the first place, it may be easier to reduce or completely remove your charges. Your solicitor will recommend the best option to take, based on your unique circumstances.

From here, your solicitor will work with you to gather the necessary evidence to support your dispute. This may be in the form of photos or video footage, witness reports or medical reports (if you were under the stress of a medical emergency when your offence took place).

You will be required to attend a court date to prove your case. Your solicitor will be with you every step of the way and will do the hard work for you, using the evidence collected as proof.

Talk to Us

If you are being prosecuted for a careless driving offence, you should contact JMW Solicitors as soon as possible. We will work closely with you to get you the best chances of reducing or removing your penalties. Call us now on 0800 804 8159 or fill out an online contact form, leaving a date when we can call you back.