careless driving/traffic signal offences
careless driving
A momentary lapse of concentration or an error of judgement can
lead to a summons, a hefty fine, up to nine points on your
licence and a disqualification for driving carelessly. The
prosecution must prove that the standard of driving falls below
what would be expected of a competent and careful driver. The court
will consider what would be expected of a careful and competent
driver in a particular case, and will take into account
circumstances which are shown to have been known by the driver, as
well as the circumstances of which the driver could be expected to
be aware. That standard is somewhere between Miss Marple’s
and Michael Schumacher’s. A person is to be regarded as driving
without reasonable consideration for others only if those persons
are inconvenienced by his driving.
It does not always follow that a driver who is involved in an
accident will be prosecuted for careless driving. By the same
token, it is equally true that a driver who is prosecuted, is not
always guilty. A critical review of the evidence in such cases is
necessary.
penalties
Penalties for careless driving are fines of up to £2,500 (£5,000
from 24 September 2007); three-nine penalty points or a driving
disqualification.
case studies
speeding on A29, near Chichester
Barry Culshaw of our Motoring Offences team based at our
Southampton office was consulted by W who faced an allegation of
contravening a 40 mph speed limit on the A29 near Chichester, West
Sussex. The client complained of inadequate signing of the 40 mph
speed limit at the enforcement site and was proactive taking many
photographic and video images of the alleged defects. A report from
a traffic management and signing consultant was commissioned. Barry
Culshaw, an experienced road traffic lawyer, served the relevant
findings and photographic images upon the Crown Prosecution
Service. A short time thereafter the Crown arranged to discontinue
the proceedings before the Chichester Magistrates Court.
Click here to view careless
driving and other case studies.
traffic signals
offences
Many drivers have faced an agonising choice when approaching
traffic lights that start to change. Do they brake or carry
on? Evidence of a failure to comply may take the form of a
witness statement from a police officer who happens to see this or
from a camera. Again, these cases are not always clear
cut.
penalties
A fine of up to £1000 can be imposed. However, not all
offences result in penalty points or a driving
disqualification. Those that do result in points or a
potential ban include a failure to comply with a traffic light, a
height restriction, a stop sign or parking on a zebra crossing.
case studies
Click here to view
motoring offences case stuides.
For more information, please contact Philip Somarakis, a partner
in the Motoring Offences team, on 01865 254277; email
philip.somarakis@bllaw.co.uk