Careless Driving

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          Careless or inconsiderate driving...

If you are charged or faced with a summons or a fixed penalty for careless or inconsiderate driving, Suffolk traffic lawyer Marcus Croskell can help by advising you if you have a defence and if required, help you to prepare and represent you at your trial.

If you are accused of careless driving, it can be a frightening and daunting experience being brought to court to answer a prosecution that could lead to a heavy fine, penalty points or disqualification.  Section 3 of the Road Traffic Act 1988 makes it an offence for a driver to drive without due care and attention.  What this actually means is that the standard of driving must have fallen below that expected of a competent and careful driver.  The maximum penalty is a level 5 fine with a mandatory 3 to 9 penalty points on your licence or an immediate ban from driving.  If you are issued with a roadside fixed penalty notice for careless driving, the police are restricted to 3 penalty points. 

Please pass on my thanks to Marcus on behalf of my dad and family who were in court… at my dad’s hearing, particularly for the way in which he presented his mitigation.  My elderly parents had been dreading this day, so the result was the best we could hope for in the circumstances and for that we are very grateful. Mark, Leicestershire

As one of the most experienced motor offence lawyers in the region, Marcus Croskell can help if you find you or a family member being summonsed to court for an allegation of driving without due care and attention (careless driving) or issued with a fixed penalty notice, Marcus Croskell can help you.  Your initial legal inquiry will be FREE and Marcus Croskell can be contacted by EMAIL HERE or on 0843 886 2603 quoting reference: marcuscroskell.com.

       Can I avoid getting penalty points or a ban?

If you are being prosecuted, you may have a defence.  The prosecution have to make the magistrates’ court ‘sure’ the standard of driving was below that of a competent and careful driver.  This means that they must judge the evidence from the police and any defence evidence.  In careless driving cases, evidence will often be given by witnesses to the driving or CCTV from police cars.  However, much of the evidence can be interpreted in a number of different ways.  Marcus Croskell, a seasoned traffic lawyer, has over a decade of experience in persuading the court to look at the other point of view.  For instance, just because there is a car accident, does not mean that you are automatically guilty.  Witnesses often make mistakes or make assumptions about what ‘must’ have happened.  Marcus Croskell will robustly defend your view and cross-examine the police officer or other witness.  Alternatively, you may have a defence under different grounds such as duress of circumstances or a dispute over the identity of the driver.

        Case Study

Client was part of a 7 man team that worked for a building firm in the Great Yarmouth area.  In particular, when they worked in Great Yarmouth, many of their number would attend the local small supermarket to purchase a drink and chocolate.  A works vehicle of the company was seen reversing into a stationary vehicle and then driving off.  The owner identified the driver as being my client who was responsible for its upkeep, but was not sure it was him driving on the date in question.  The client was asked by the police to identify if he or another was the driver.  He did not know and wrote back saying he was "more likely than not the driver."  The police interviewed him and he denied being in an accident with the pickup vehicle, but accepted he is the main user and regularly goes to the location for his tea break at the relevant time.


At trial, Marcus Croskell cross-examined two independent witnesses for the police about the identification of the driver.  They provided poor descriptions and were unable to positively say it was the client.  The magistrates found the client Not Guilty of careless driving as they could not be sure if he was the driver or not.  He recovered his costs of defending the prosecution.

If you are charged or faced with a summons or fixed penalty notice for careless or inconsiderate driving, Marcus Croskell can help by advising you if you have a defence and if required, help you prepare and represent you at your trial.  There is also an aggravated version of the offence referred to as death by careless driving.  This is a more serious offence and it is recommended you get advice as soon as possible.

If you are faced with charge of driving without care and attention and would like further information about his services, please contact Marcus Croskell for a FREE initial legal enquiry on 0843 886 2603 or contact us online here.  Please use the reference: marcuscroskell.com.