The offence of driving without due care and attention carries a maximum fine of £5000 or between 3 and 9 points licence points.
The offence can only be tried in the Magistrates Court but the court can choose to disqualify in some cases. If you are not disqualified then the court can impose between 3 and 9 licence points which can result in a ‘totting up’ scenario and possible a driving ban for motorists without a clean licence.
Section 3 of the 1988 Act, as amended by the Road Traffic Act 1991, provides that it is an offence for a person to drive a mechanically propelled vehicle on a road or other public place “without due care and attention, or without reasonable consideration for other persons using the road or place”.
To be found guilty of the offence the prosecution must prove beyond reasonable doubt that the motorist is “at fault”, i.e. had departed from the standard of a reasonable, competent and prudent driver in all the circumstances of the particular case. This basically means there are no ‘set rules’ as such, and each case is treated differently depending on case specific facts, this is why the involvement of a specialist solicitor like Gray and Co is so important.
If the activity involves a momentary lapse of concentration or misjudgement at low speed then the court should consider imposing a Band A fine (50% of weekly income with a range of 25% – 75%) and endorse the licence with 3- 4 points.
If the activity involves a loss of control due to speed, mishandling or insufficient attention to road conditions or carelessly turning right across then the court should consider imposing a Band A fine (50% of weekly income with a range of 25% – 75%) and endorse the licence with 3- 4 points.
Here at Gray and Co Solicitors we specialise in providing a professional and confidential service. We can help you to develop a strong case for defence and reduce the likely penalty the court will impose. We have a great deal of experience in handling your case sensitively and putting forward the best argument to the Courts. If you’ve been accused of driving without due care and attention then give one of our friendly team a call now on 01244 344299 or use the online contact form to discuss the best course of action for you.
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