driving without due care & attention
Are you under threat of prosecution for driving without due care and attention. Then call us now on 0800 141 2620 or click here to enquire online.
Any prosecution for this offence has to show beyond reasonable doubt that you, as the driver were ‘at fault’.
That you were driving a mechanically propelled vehicle (not just a motor car), without ‘due care and attention or without reasonable consideration for other persons using the public place or road.
The system has introduced a virtual ‘reasonable, prudent competent and careful driver’ and therefore the court has to consider whether your driving has fallen below what would be expected of such a driver.
As with Dangerous Driving, the evidence will be based on the actual driving as opposed to the driver’s state of mind and the difference between whether you face proceedings in respect of Dangerous Driving or driving without Due Care and Attention will be based on how far the prosecution feel their evidence shows your driving has fallen below the accepted standard.
Now there may be many different reasons as to why a person drives in a certain manner, there may be a defect with the car or something over which you had no control; the Highway Code provides a good idea of the reasonable standard of driving but a breach of the code will not always prove conclusive.
Reasonable consideration/Insonsiderate driving
For a successful prosecution, it has to be shown that you have inconvenienced another person using the road or public place.If you have been aggressive in your driving or impatient or threatening; if as a result of this and/or your driving you have inconvenienced someone, then you may face proceedings for this offence.
The policed sometimes want to conduct an interview with you in these cases. It may not always be conducted at the police station but at your home address. It is still an interview and can be used as evidence against you.
Make sure you contact us and speak with a solicitor who can advise you properly about procedures and your options. It may be possible to challenge your case on the basis that other procedures have not been carried out correctly.
Phone us now on
freephone 0800 141 2620
or 01829 770903
what have you got to lose?