Can You Get a Careless Driving Ticket Dismissed?

If you've been accused of careless driving, received a fixed penalty notice, have been sent a single justice procedure notice (SJPN) or court summons, you may be looking for a way to challenge the allegation or avoid unnecessary penalties. Whether this is possible will depend on the strength of the evidence, the circumstances surrounding the incident and how you respond to the allegation.

At JMW Solicitors, we provide expert advice on contesting careless driving offences. Many people are unaware that it is possible to challenge a driving ticket.  In some cases, however, it is possible to reduce the penalties or have the case dropped altogether. Here we explain how careless driving offences are assessed, how to get out of a careless driving ticket if the evidence doesn’t support it and why early legal advice can affect the outcome.

What Is a Careless Driving Offence?

A careless driving offence refers to driving that falls below the standard expected of a competent and careful driver. It is defined under Section 3 of the Road Traffic Act 1988 as “driving without due care and attention, or without reasonable consideration for other persons using the road”.

Careless driving includes a wide range of actions that can vary in severity, such as:

• Momentarily being distracted by a mobile phone or operating a sat nav.
• Failing to observe traffic signals or road markings.
• Undertaking or tailgating other vehicles.
• Causing a minor collision.
• Using a mobile phone while driving without causing an accident.

Because the offence is judged against what a reasonable driver would do, the facts of the incident and how they are presented in court can make all the difference. A solicitor can assess whether your driving genuinely met the legal threshold for prosecution and begin to gather evidence that supports your account.

What Penalties Could I Face?

The penalties for careless driving depend on the severity of your offence and the number of illegal actions involved. If you're given a fixed penalty notice, this usually includes:

• A fine.
• Three penalty points on your licence.

If the matter goes to court, the penalties can be more severe:

• Three to nine penalty points.
• An unlimited fine.
• A driving disqualification.
• In cases where someone is seriously injured or killed, a prison sentence.

Careless driving prosecutions often include aggravating factors, such as driving near vulnerable road users or being distracted by a phone. Solicitors can work to counter careless driving accusations by highlighting mitigating circumstances, challenging evidence or proposing alternative outcomes like an educational course.

Is it Worth Fighting a Careless Driving Ticket?

Many people accept a fixed penalty notice without realising they may have had grounds to contest it. In some cases, paying the fine may feel like the easier option - particularly for first-time offenders or where the offence was minor.

However, for those facing a more severe penalty or risk of disqualification, it may be worth challenging your careless driving offence. You may want to contest a careless driving ticket if:

• You rely on your licence for work or care responsibilities.
• You are at risk of reaching 12 penalty points and a totting-up ban.
• You believe your actions did not amount to careless driving.
• The driving was due to a medical emergency.
• Witness statements or video footage do not support the allegation.

A solicitor will help you assess the circumstances surrounding the incident and advise you on how to respond. Where the case lacks evidence or does not meet the legal standard, your solicitor can argue that the careless driving prosecution notice should be withdrawn or dismissed.

How Do I Challenge a Careless Driving Prosecution?

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 of the offence in one of three ways:

• A fixed penalty notice (FPN) issued by a police officer or sent in the post.
• A SJPN.
• A court summons or postal requisition detailing a court date.

Once you receive your notice, the clock starts. You’ll be expected to attend a court hearing or respond by a given date. If you don’t respond, or fail to attend a court hearing when expected, this may result in a harsher punishment.

You’ll usually be asked to either:

• Accept the charge and pay the penalty.
• Plead not guilty and contest the careless driving charge in court.

Legal representation at this stage is vital. Our motoring offence team can review the justice procedure notice or fixed penalty notice given to you and determine whether the evidence justifies the charge. Where appropriate, they can write to the police or CPS requesting no further action, especially where there’s strong mitigating evidence or procedural flaws.

What Evidence Can Help Dismiss a Careless Driving Ticket?

Careless driving tickets are often issued based on opinion or limited information. If you decide to dispute the charge, the quality of your evidence will affect the outcome. The JMW team will gather evidence that supports your defence, which may include:

• Video footage, photos and dashcam recordings.
• Witness statements and accounts from passengers or other drivers.
• Medical reports or communications if a medical emergency contributed to the incident.
• Vehicle maintenance records to identify mechanical issues.
• Environmental factors, such as poor weather or sudden road obstructions.

Your solicitor will also request the prosecution's case file to review the police's version of events and determine how to counter their claims.

Where evidence is lacking, inconsistent or undermined by other facts, your solicitor can argue for the careless driving offence to be dropped or for a lower fine and reduced penalty points.

Could I Be Offered a Driving Course Instead?

In some cases, drivers are offered the chance to complete an educational course instead of receiving penalty points. This is often a National Driver Offender Retraining Scheme (NDORS) course.

Eligibility depends on:

• The severity of the offence.
• Whether you’ve attended a similar course in the last three years.
• Police discretion and the timing of the offence.

We can liaise with the prosecution to request a course offer if it wasn’t initially provided. Taking the course can help avoid points on your licence and limit the financial and reputational impact of the incident. If you fail to complete the course sessions, the original penalty will apply, which may include a court summons and higher costs.

What Happens at a Court Hearing?

If your case proceeds to court, you will be expected to attend unless told otherwise. Many cases begin in the Magistrates’ Court and may involve:

• A hearing to confirm your plea.
• A trial where both sides present evidence.
• A sentencing hearing if you plead guilty or are found guilty.

During this process, we will:

• Represent you in court.
• Cross-examine witnesses or challenge their reliability.
• Present evidence and legal argument to dispute the charge.
• Submit mitigation to avoid or limit disqualification.
• Argue against an unlimited fine or severe penalty and substantial driving ban.

Where applicable, your solicitor may argue for exceptional hardship - for example, if disqualification would cause job loss or impact family members. Courts can be persuaded to reduce the penalty or impose alternatives where a well-prepared legal case is made.